- 1 - HC-KAR NC: 2025:KHC:42280 WP No. 24615 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 24615 OF 2025 (GM-FC) BETWEEN: JEEVAN K N S/O NANJUNDACHARI, AGED ABOUT 32 YEARS, R/AT KAMANAHALLI, K.R. NAGARA TALUK, MYSURU DISTRICT- 560 043. …PETITIONER (BY SRI. NAVEEN KUMAR M., ADVOCATE) AND: 1. PALLAVI W/O JEEVAN K N BIN RAJACHARI AGED ABOUT 32 YEARS 2. KUM. GOUTHAM S/O JEEVAN K.N. AGED ABOUT 9 YEARS Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:42280 WP No. 24615 of 2025 3. KUM. CHETANYA D/O JEEVAN K.N. AGED ABOUT 9 YEARS SINCE RESPONDENT NO. 2 AND 3 ARE MINOR, REPRESENTED BY HER MOTHER NATURAL GUARDIAN (RESPONDENT NO.1) ALL ARE RESIDING AT NO.149, 3RD CROSS, KANKAGIRI, MYSURU- 570 008. …RESPONDENTS THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED. 10.07.2025 PASSED IN THE CRL. MISC. NO. 1000/2024 ON IA- II PENDING ON THE FILE OF THE LEARNED PRL. JUDGE FAMILY COURT AT MYSURU AT ANNEXURE-A, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI - 3 - HC-KAR NC: 2025:KHC:42280 WP No. 24615 of 2025 ORAL ORDER Aggrieved by the order passed in I.A.No.II in Crl.Misc.1000/2024 dated 10.07.2025 by the Principal Judge, Family Court, Mysuru whereby the Family Court had granted an amount of Rs.5,000/- per month towards interim maintenance to the wife and the children, the husband is before this Court. 2. The parties are referred to as husband and wife for the sake of convenience. 3. It is the case of the wife that the marriage was so solemnized on 05.03.2013 at Hosapete Taluk, Bellary District and they lived in Hosapete Taluk by securing a rented house and stayed there for about eight years. During her second month's pregnancy, she had suffered health issues and went to her parents' house and after five months she returned to her matrimonial house. After returning to the house, wife noticed that the petitioner/husband had developed illegal relationship with another woman and she quarrelled with him and later with the intervention, the said dispute was settled. On 04.04.2015 she gave birth to the second respondent herein and the petitioner/husband had looked after them for about one and a - 4 - HC-KAR NC: 2025:KHC:42280 WP No. 24615 of 2025 half years. In view of the disputes between the parties, wife started living separately and she has filed a petition seeking maintenance. 3. The petitioner has filed his objections. According to him, there was no marriage between the petitioner and the respondent. She is paternal aunt's daughter. Taking advantage of the said relation she has concocted the story. According to the petitioner, she has married in the year 2010 and during the subsistence of the first marriage the second marriage is void and the petitioner is not liable to pay any maintenance to the wife. 4. The Family Court, by order impugned, while granting the maintenance of an amount Rs.5,000/- has observed that the wife has prima facie shown that the children are born on 04.04.2015 and on 28.01.2023. It shows that till this date what has prevented the husband in not taking any action against the wife. If really she had concocted the documents showing that he is the father, the husband has not produced any document prima facie to show that she is legally wedded wife of some other person. At paragragh No.2 of the - 5 - HC-KAR NC: 2025:KHC:42280 WP No. 24615 of 2025 statement, he has contented that she is wife of one Puttaraju @ Raju and got him married in the year 2010. Whereas in his subsequent pleadings at paragraph No.14 he has referred the name of one Rajachari as her husband. The Family Court had observed that his own pleadings are apparently shown to be inconsistent. Moreover, not a single document is placed before the Family Court to show that she had married the said person prior to marrying him and accordingly the Family Court had granted the maintenance. 5. Learned counsel appearing for the petitioner/husband had reiterated the grounds that were raised before the Family Court and submits that the only ground on which the Family Court had granted the maintenance and rejected the case of the petitioner that he has not produced any document. He filed a document before this Court which is the wedding invitation to show that she has married another person and during the subsistence of that marriage she cannot say that she got married to the petitioner and it is a void marriage. It is submitted that when the marriage itself is void the husband is not liable to pay the maintenance. - 6 - HC-KAR NC: 2025:KHC:42280 WP No. 24615 of 2025 6. Having heard learned counsel for the petitioner/husband, perused the material on record. When an I.A is filed seeking interim maintenance, prime facie, the wife has proved that there is a marriage and in the wedlock, they are blessed with two children who are 9 years and 2 years old. Before the Family Court, the husband has not placed any document. However, before this Court, he places a marriage invitation card. In the considered opinion of this Court, basing on the said document, this Court cannot come to any conclusion at this stage and the same is subject to proof. While considering I.A.No.II for interim maintenance, the Family Court has elaborately discussed and considered and all these contentions are kept open to the petitioner at the time of hearing the main petition and at this stage, there cannot be any finding that it is a void marriage. In these circumstances, this Court do not find any reason to interfere. Hence, this Court is passing the following: ORDER (i) Accordingly this Writ Petition is dismissed. - 7 - HC-KAR NC: 2025:KHC:42280 WP No. 24615 of 2025 (ii) All I.As., in this petition shall stand closed. Sd/- _________________________ JUSTICE LALITHA KANNEGANTI RJ List No.: 1 Sl No.: 4