- 1 - HC-KAR NC: 2025:KHC:44117 WP No. 20509 of 2022 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. 20509 OF 2022 (GM-FC) BETWEEN: DR JAYADEVA M D, S/O DYAVAPPA M P, AGED ABOUT 49 YEARS, R/AT NO.186, 1ST FLOOR, 3RD MAIN, 5TH CROSS, SRINIVAS NAGAR, BANGALORE-560 050. …PETITIONER (BY SRI. NEHRU M N., ADVOCATE) AND: MRS KUSUMA SHEKARA, D/O SOMASHEKARA, AGED ABOUT 41 YEARS, R/AT NO.726, FLAT NO.06, 6TH CROSS, ASHOK NAGAR, BSK 1ST STAGE, BANGALORE-560 050. …RESPONDENT (BY SRI. HARISHA A.S., ADVOCATE) THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO-QUASH THE ORDER DTD 30.08.2021 PASSED BY THE COURT BELOW IN M.C.NO.4305/2019 ON IA.NO.2 ON THE FILE OF THE III ADDL. PRINCIPAL FAMILY JUDGE, AT BANGALORE VIDE ANNX-D. THIS PETITION COMING ON FOR PART HEARD THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:44117 WP No. 20509 of 2022 ORAL ORDER Aggrieved with the order passed in I.A.No.2, in M.C.No.4305/2019 dated 30.08.2021, by the III Addl. Principal Judge Family Court, Bengaluru, whereby the Family Court had granted interim maintenance of an amount of Rs.10,000/- per month to the wife, the husband is before this Court. 2. The parties are referred to as husband and wife for the sake of convenience. 3. It is submitted that though he has initially appeared before the Family Court, later as he was suffering with Covid, he could not engage the advocate and the entire proceedings had taken place during the Covid time. It is submitted that the wife is living in adultery and the daughter has filed a complaint against the paramour and the case is registered under the provision of POCSO Act and the charge sheet is also filed. It is submitted that, if an opportunity is given, he would be able to lead the evidence before the Family Court as to how the wife is not entitled for the maintenance. 4. Learned counsel appearing for respondent/wife submits that inspite of giving a reasonable opportunity, the petitioner/husband has not contested the matter and till now he has not paid any amount to - 3 - HC-KAR NC: 2025:KHC:44117 WP No. 20509 of 2022 the wife. It is submitted that the order passed by the Family Court is balanced order. Whether the wife is living in adultery and all other aspects can be decided after a full fledged trial. At this stage, wife has filed the case for maintenance and the same was rightly granted by the Family Court. 5. Having heard the learned counsels on either side, perused the material on record. Wife had filed MC.No.4305/2019 seeking divorce on the basis of cruelty and present interlocutory application is filed seeking maintenance. No doubt, that the husband has not contested the matter and admittedly all these proceedings are taken place during the Covid period and according to the petitioner/husband he suffered with Covid. Further, the kind of allegations that are made, where the daughter has given a complaint against the paramour of the wife and POCSO case is registered, this Court deems it appropriate to give an opportunity to the petitioner/husband to contest the case. 6. However, M.C.No.4305/2019 is of the year 2019, instead of deciding on the interim application now, at this stage, the Family Court shall decide this aspect along with the main petition. Hence, this court deems it appropriate to pass the following order:- - 4 - HC-KAR NC: 2025:KHC:44117 WP No. 20509 of 2022 ORDER (i) The order passed in I.A.No.2 in M.C.No.4305/2019 dated 30.08.2021 by III Addl. Principal Judge, Family Court, Bengaluru is set aside and the matter is remanded back to the Family Court for fresh consideration. (ii) The Family Court shall dispose of this case by 15.12.2025. (iii) An amount of Rs.1,50,000/- which has been deposited before this Court shall be transferred to the Trial Court. (iv) Accordingly, the writ petition is allowed. (v) All IA's in this petition shall stand closed. Sd/- (LALITHA KANNEGANTI) JUDGE AKV List No.: 1 Sl No.: 11