- 1 - NC: 2025:KHC-D:1606 WP No. 106400 of 2023 C/W WP No. 106880 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 28TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 106400 OF 2023 (GM-FC) C/W WRIT PETITION NO. 106880 OF 2023 (GM-FC) IN W.P. NO. 106400/2023 BETWEEN: SRI. MALLINATH S/O KADAPPA HANJI, AGE. 53 YEARS, OCC. BUSINESS, R/O. AWNIL HANJI COLONY, SHIVALYA, SANKAPLA NAGAR, GADHINGLAJ- 416502, DIST. KOLHAPUR (MAHARASTHRA STATE). …PETITIONER (BY SRI. MALLIKARJUN S. HIREMATH, ADVOCATE) AND: SMT. JYOTSNA W/O MALLINATH HANJI, AGE. 49 YEARS, OCC. HOUSEHOLD WORK, R/O. C/O PLOT NO.3, 1ST FLOOR, OPP. SAMBHAJI GROUND, MAHADWAR ROAD, BELAGAVI- 590001. …RESPONDENT (BY SRI. ANAND ASHTEKAR, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA IS PRAYING TO, ISSUE A WRIT OF CERTIORARI OR ANY OTHER WRIT OR DIRECTION IN THE NATURE OF WRIT TO QUASH IMPUGNED ORDER DT. 12.09.2023 (ANNEXURE-F) PASSED BY THE COURT OF THE PRINCIPAL JUDGE FAMILY COURT, BELAGAVI, AWARDING INTERIM MAINTENANCE OF RS.8000/- PER MONTH ON I.A.NO.2 IN CRL.MISC.NO.293/2021, AND Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - NC: 2025:KHC-D:1606 WP No. 106400 of 2023 C/W WP No. 106880 of 2023 PASS APPROPRIATE ORDERS BY ALLOWING THIS WRIT PETITION IN THE INTEREST OF JUSTICE. IN W.P. NO. 106880/2023 BETWEEN: SMT. JYOTSNA W/O MALLINATH HANJI, AGE. 49 YEARS, OCC. HOUSEHOLD WORK, R/O. C/O. PLOT NO.3, 1ST FLOOR, SAMBHAJI GROUND, MAHADWAR ROAD, BELAGAVI -590001. …PETITIONER (BY SRI. ANAND ASHTEKAR, ADVOCATE) AND: SHRI MALLINATH S/O KADAPPA HANJI, AGE. 53 YEARS, OCC. BUSINESS, R/O. AWNI HANJI COLONY, SHIVALAY SANKALPA NAGAR, GADHINGLAJ, TQ. GADHINGLAJ, DIST. KOLHAPUR, MAHARASHTRA STATE -416502. …RESPONDENT (BY SRI. MALLIKARJUN S. HIREMATH, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA IS PRAYING TO, A WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER WRIT, ORDER OR DIRECTION MODIFYING THE ORDER DATED. 12.09.2023 PASSED BY THE PRINCIPAL JUDGE FAMILY COURT, BELAGAVI ON IA NO. II IN CRL. MISC. NO. 293/2021 PRODUCED AT ANNEXURE-G BY AWARDING RS. 75,000/- PER MONTH BY WAY OF INTERIM MAINTENANCE. THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THERIN AS UNDER: - 3 - NC: 2025:KHC-D:1606 WP No. 106400 of 2023 C/W WP No. 106880 of 2023 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) 1. The petition in W.P.No.106400/2023 is preferred by the husband, challenging the order dated 12.09.2023 vide Annexure-F, passed by the Court of the Principal Judge Family Court, Belagavi, and quantum of maintenance awarded by the concerned Court and the companion Writ Petition No.106880/2023 filed by the wife seeking enhancement of maintenance i.e., awarded by the concerned Court. 2. Heard the learned counsel Sri.Mallikarjun S. Hiremath appearing for petitioner and learned counsel Sri.Anand Astekar appearing for respondent. 3. The petitioner and the respondent get married in the year 1997. The relationship between the petitioner and the respondent-wife flounders, and on floundering of the relationship, the parties are before the Family Court inter alia. One such proceeding was seeking a decree of divorce. The husband had preferred a petition seeking a - 4 - NC: 2025:KHC-D:1606 WP No. 106400 of 2023 C/W WP No. 106880 of 2023 decree of divorce, which is said to have been granted on mutual consent. This is challenged by the wife before the Court of Sessions and the order is set aside and the matter is remitted back to the hands of the concerned Court. The aforesaid order of the Court of Session is said to have been questioned before the High Court at Bombay. The High Court has granted an interim order of stay of the order passed by the Court of Sessions, remitting the matter back to the hands of the concerned Court therefore, at this juncture there is a stalement. 4. The wife then files an application before the concerned Court at Belagavi invoking Section 125 of the Cr.P.C. seeking interim maintenance at the hands of the husband. The concerned Court passes an order on 12.09.2023 directing payment of maintenance at Rs.8,000/- to be paid by the husband to the wife. The petitioner-husband challenges the said order in Writ Petition No.106400/2023. Then comes the companion Writ Petition No.106880/2023 by the wife seeking enhancement of maintenance. - 5 - NC: 2025:KHC-D:1606 WP No. 106400 of 2023 C/W WP No. 106880 of 2023 5. Learned counsel appearing for the petitioner submits that both the children are residing with the husband and has to take care of their needs. Amount awarded at Rs.8,000/- is on the higher side. Owing to his avocation, the learned counsel would submit that he is in partnership firm, running business, which fetches him an amount annually at Rs.13,10,000/-. Therefore the learned counsel would submit what is awarded is on the higher side and the order should be modified. 6. Per contra, learned counsel representing the wife submits that, the wife is now 50 years old and has certain health issues, which requires regular treatment. The amount as awarded at Rs.8,000/- is on the lower side and therefore has sought enhancement of the same in the companion petition. 7. I have given my anxious consideration to the submissions made by the learned counsel appearing for the parties and have perused the material on record. 8. The afore-narrated factum of relationship between the two is not in dispute. The marriage - 6 - NC: 2025:KHC-D:1606 WP No. 106400 of 2023 C/W WP No. 106880 of 2023 floundering is a matter of record, as the husband prefers petition seeking divorce. The divorce is granted. The same is challenged by the wife before the Court of Session. The Court of Session then sets aside the order of grant of divorce and remits the matter back to the hands of the concerned Court to reconsider the issue. This order of reconsideration is challenged by the husband before the Bombay High Court, wherein the High Court grants an interim order of stay. The issue is not with regard to the merit of the claim of the petitioner or the respondent qua the relationship. The issue revolves thereon a proceeding under Section 125 of Cr.P.C. instituted by the wife, in which maintenance comes to be awarded by the impugned order at Rs.8,000/-. 9. Learned counsel for the petitioner taking this Court through the Assets and Liability statement preferred before the concerned Court would seek to demonstrate that the petitioner is earning Rs.13,10,000/- annually which is through partnership firm and would not get a full amount and has two daughters to maintain. The said - 7 - NC: 2025:KHC-D:1606 WP No. 106400 of 2023 C/W WP No. 106880 of 2023 submission is noted only to be rejected, as the petitioner is responsible for the daughters and the wife till the relationship between the two subsist. The relationship between the two though is the subject matter of the proceeding before the Bombay High Court or the Court of Session as observed herein above, the decree of divorce that is grated is no longer in existence. Therefore the petitioner is bound to maintain the wife and children. 10. In that light of the above, the petitioner-husband has preferred the Writ Petition No.106400/2023 does not merit for any consideration and the same stands rejected. 11. Insofar as the petition preferred by the wife, the submission of the learned counsel is that the wife is suffering from several health aliments and would require higher maintenance at Rs.8,000/-, while not a iota of documents is produced to demonstrate the same. Though the opinion of the Court is at Rs.8,000/- is on the lower side, but to grant of Rs.18,000/- there is no material. Therefore, I deem it appropriate to enhance the interim - 8 - NC: 2025:KHC-D:1606 WP No. 106400 of 2023 C/W WP No. 106880 of 2023 maintenance granted to the wife, to Rs.10,000/- for Rs.8,000/- to be paid from the date on which the concerned Court has granted maintenance at Rs.8,000/- i.e. setting off the amount that the wife is already received. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE RHR/- List No.: 1 Sl No.: 6