- 1 - HC-KAR NC: 2025:KHC:46666 WP No. 3572 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 3572 OF 2024 (GM-FC) BETWEEN: SMT UNNATHI HEGDE W/O B NIMESH HEGDE AGED ABOUT 43 YEARS R/AT NO 58 A 5TH MAIN P AND T COLONY SANJAY NAGARA BANGALORE- 560 094 …PETITIONER (BY SRI. SAMARTH S MURTHY, ADVOCATE FOR SMT.BINDU U., ADVOCATE) AND: SRI B NIMESH HEGDE S/O B KARUNAKAR HEGDE AGED ABOUT 48 YEARS Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:46666 WP No. 3572 of 2024 R/AT NO F-1 D VISHALA GLAZUZ PVT LTD AMBATTUR INDUSTRIAL ESTATE AMBATTUR CHENNAI TAMIL NADU - 600 058 …RESPONDENT (NOTICE TO RESPONDENT IS H/S V/O DTD 02.07.2025) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITION OF INDIA PRAYING TO DIRECTION AND MODIFY THE ORDER DATED 15/12/2023 ON IA NO. 2 IN MC NO. 249/2019 PASSED BY THE HONBLE II ADDL PRINCIPAL JUDGE, FAMILY COURT AT BANGALORE VIDE ANNEXURE-A BY ENHANCING THE INTERIM MAINTENANCE AMOUNT AS SOUGHT IN IA NO. 2. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN B GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:46666 WP No. 3572 of 2024 CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER Aggrieved by the order passed in I.A.No.2 in M.C.No.249/2019 dated 15.12.2023 by the II Additional Principal Judge, Family Court, Bengaluru, the petitioner/wife is before this Court seeking enhancement of the interim maintenance granted by the Family Court. 2. The parties are referred to as husband and wife for the sake of convenience. 3. The wife has filed MC No.249/2019 seeking divorce. She has filed an application under Section 24 of the Hindu Marriage Act, 1955 seeking interim maintenance of an amount of Rs.2,50,000/-. It is the case of the wife that husband is a B.E. Graduate and he has his own fabrication industry by name Vishala Glazers Pvt. Ltd., with German Company Channel partnership. He is having several properties in and around Chennai and also one flat worth Rs.2 Crore in Udupi. He has several acres of agricultural lands. He has four numbers of four wheelers and two numbers of two wheelers and his income is Rs.10,00,000/- per month. The respondent has filed objections - 4 - HC-KAR NC: 2025:KHC:46666 WP No. 3572 of 2024 wherein it is stated that he is earning an amount of Rs.90,000/- per month. Apart from his salary, he is not having any other income and he is paying monthly EMI of an amount of Rs.60,000/-. The Family Court by way of order impugned had granted Rs.10,000/- per month to the wife as interim maintenance from the date of application till disposal of the case. 4. The Family Court has observed that the affidavit of assets and liabilities filed by the wife discloses that she is an undergraduate, suffering from lumbar disc disease, migraine etc. According to her, she is a housewife and she is not having any independent source of income. Though it is stated that husband is a partner in Vishala Glazers Pvt. Ltd., Vishala Industries, but no such evidence is brought on record and according to the husband, his salary is Rs.90,000/- per month. The Family Court observed that the wife has not produced any documents to show that the husband is the owner of Vishala Group of Companies. Further, there is no material to establish that the husband is the owner of the joint family property. Admittedly, he has borrowed a home loan and purchased an - 5 - HC-KAR NC: 2025:KHC:46666 WP No. 3572 of 2024 apartment. Considering all this, the Family Court had granted Rs.10,000/- per month towards interim maintenance. 5. Learned counsel appearing for the petitioner/wife submits that the husband has come before this Court with suppression of material facts and all the facts were not disclosed before the Family Court. As he owns four nos. of four wheelers, that itself shows the financial capacity of the husband. The petitioner/wife is suffering with several ailments and she is not qualified and she has no source of income, the amount of Rs.10,000/- per month that is awarded by the Family Court is not just and reasonable. 6. This Court on 02.07.2025 has passed the following order: "As per postal shara, notice to respondent has returned as unclaimed which amounts to deemed service of notice. Hence, notice to respondent is held sufficient. List this matter on 10.07.2025." 7. Having heard the learned counsel for the petitioner, perused the entire material on record. The expenditure as submitted by the petitioner/wife before this Court stating that - 6 - HC-KAR NC: 2025:KHC:46666 WP No. 3572 of 2024 she requires an amount of Rs.2,50,000/- and she has given a huge list of Rs.45,000/- towards rent and other expenditure. As per the evidence available on record, the husband's salary is Rs.90,000/- per month. When husband's salary is Rs.90,000/-, the question of granting an amount of Rs.45,000/- towards rental and other expenses will not arise. Though so many things are stated, as rightly observed by the Family Court, no material is placed before the Court to substantiate the contention that husband's income is Rs.10,00,000/- per month. 8. In these circumstances, considering the salary of the husband at Rs.90,000/-, this Court deems it appropriate to grant an amount of Rs.22,000/- per month towards interim maintenance to the petitioner/wife. Accordingly, this Court is passing the following: ORDER i. The order passed in I.A.No.2 in M.C.No.249/2019 dated 15.12.2023 by the II Additional Principal Judge, Family Court, Bengaluru, is modified by enhancing the maintenance of an amount of - 7 - HC-KAR NC: 2025:KHC:46666 WP No. 3572 of 2024 Rs.10,000/- to Rs.22,000/- . The same is to be paid from the date of application. ii. Accordingly, the writ petition is disposed of. iii. All pending I.A.s in the petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE BSV List No.: 1 Sl No.: 3