- 1 - HC-KAR NC: 2025:KHC:31920 WP No. 20914 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 20914 OF 2024 (GM-FC) BETWEEN: 1. SRI R VIJAY BABU WAGHMARE S/O A RAMESH BABU WAGHMARE AGED ABOUT 33 YEARS, R/AT NO. 102, VARNIKA PRIYA RESIDENCY, NEW PANATHUR EXTENSION, NEW KAVERAPPA LAYOUAT, Ist A CROSS, PANATHUR BENGALURU-560103 WORKING ADDRESS, WORKING AS SENIOR BUSINESS ANALYST IDC, BANGALORE PERMANENT ADDRESSS R/AT NO. 144, PALANIPURAM Ist STREET, BAVANI, ERODE DISTRICT TAMIL NADU-638301 …PETITIONER (BY SMT.SHRIDEVI BHONSLE FOR SRI.AMAR CORREA., ADVOCATE) AND: 1. SMT S DHARANI W/O R VIJAYA BABU WAGHMARE D/O SWAMI RAO SAMPATH AGED ABOUT 32 YEARS, R/AT NO. G3, PHASE-3 LAKE VIEW APARTMENTS, KEREGUDDADADHALLI Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:31920 WP No. 20914 of 2024 CHIKKABANAWARA POST, L MARK GANGADHARAIAH, KALYANA MANTAPA BENGALURU-560090 …RESPONDENT (BY SRI. T PRAKASH.,ADVOCATE) THIS WRIT PETITION IS FILED PRAYING TO 1. ISSUE A WRIT IN THE NATURE OF CERTIORARI AND QUASH THE ORDER DATED 02.04.2024 ON IA.NO.1 IN M.C.NO.418/2021, PASSED BY THE PRINCIPAL SENIOR CIVIL JUDGE, BENGALURU RURAL, BENGALURU RURAL DISTRICT, BENGALURU, THEREBY PARTLY ALLOWING THE MAINTENANCE APPLICATION FILED BY THE RESPONDENT THEREIN UNDER SECTION 24 OF THE HINDU MARRIAGE ACT, 1955 AND DIRECTING THE PETITIONER TO PAY A SUM OF RS.15,000/- MONTHLY MAINTENANCE TO THE PETITIONER THEREIN VIDE ANNEXURE-A AND GRANT AN INTERIM ORDER TO STAY THE OPERATION OF THE DATED 02.04.2024 ON IA.NO.1 IN M.C.NO.418/2021 PASSED BY THE PRINCIPAL SENIOR CIVIL JUDGE, BENGALURU RURAL, BENGALURU RURAL DISTRICT, BENGALURU, THEREBY PARTLY ALLOWING THE MAINTENANCE APPLICATION FILED BY THE RESPONDENT THEREIN UNDER SECTION 24 OF THE HINDU MARRIAGE ACT, 1955 AND GRANTING RS.15,000/-, OF MAINTENANCE TO THE PETITIONER THEREIN, VIDE ANNEXURE-A. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING-B GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER Aggrieved by the order passed in I.A.No.1 in MC.No.418/2021 dated 02.04.2024 by the Principal Senior Civil Judge, Bengaluru Rural District, Bengaluru whereby the trial Court had granted maintenance of an amount of Rs.15,000/- - 3 - HC-KAR NC: 2025:KHC:31920 WP No. 20914 of 2024 per month from the date of the petition till realization. The husband is before this Court. 2. Learned counsel appearing for the husband submits that the marriage lasted for 2 months and wife has filed a petition seeking divorce on the ground of impotency and the husband has filed a counter claim on the ground of cruelty. 3. It is the contention of the learned counsel appearing for the petitioner/husband that the wife has completed M.Tech in Biotechnology and earlier she was working in Neilsen India Private Limited. She has also filed a petition under the DV Act and trial Court had granted maintenance of an amount Rs.5,000/-p.m., which is being paid by the husband. Now, the trial Court had granted an amount of Rs.15,000/- as maintenance and the income of the husband is Rs.58,000/-. Learned counsel submits that the wife who has stayed with the husband for 3 months and thereafter, when she is very much qualified, she has not taken any step to secure the employment and one in DV and other in the I.A she is seeking maintenance and the trial Court had granted an amount of Rs.20,000/- per month. It is submitted that the wife is capable of earning and - 4 - HC-KAR NC: 2025:KHC:31920 WP No. 20914 of 2024 she cannot sit idle and depend upon the husband for maintenance. 4. Learned counsel appearing for the respondent/wife submits that as per the order passed by this Court what are the efforts made by the wife to secure the job, they have filed an affidavit before this Court. It is submitted that because of the harassment, strained relations and impotency of the husband, the wife is undergoing tremendous stress and she is not in a position to work. It is submitted that the society and the community in which she lives, second marriage is not an option and there is a social stigma attached to it. As such, she is not in a position to work and she could not make any efforts to secure the job. 5. Having heard the learned counsels on either side, perused the material on record. The wife and husband are qualified. Particularly, the wife has done M.Tech in Biotechnology and earlier she was working. Husband is a B.Tech and MBA Graduate. According to the husband the marriage has lasted for 2 months and according to the wife the marriage has lasted for 4 months. From the year 2021 they - 5 - HC-KAR NC: 2025:KHC:31920 WP No. 20914 of 2024 are separated. The reasons that are stated by the wife that she is not able to secure a job or she has not made any efforts to secure job that she is under tremendous pressure cannot be the ground for the wife to sit idle and seek maintenance from the husband when she is qualified to secure a job. In the considered opinion of this Court, the wife cannot depend upon the husband forever without even securing a job. For that reason, this Court wanted to know what are the efforts made by her for securing the job. It appears from the affidavit filed by the wife that no efforts are made and the reason for that is mental stress. In these circumstances, this Court is passing the following: ORDER i. The husband shall continue to pay an amount of Rs.10,000/- to the wife and the wife shall make all her efforts to secure a job within 6 months from today. ii. The husband is at liberty to approach the Family Court after 6 months to review this order and the wife shall also be given an opportunity to place before the Court what are the efforts - 6 - HC-KAR NC: 2025:KHC:31920 WP No. 20914 of 2024 made to secure the job. Based on that further orders shall be passed by the Family Court. iii. Accordingly, the writ petition is disposed of. iv. All pending I.As in the writ petition stands closed. SD/- (LALITHA KANNEGANTI) JUDGE RJ List No.: 1 Sl No.: 41