- 1 - HC-KAR NC: 2025:KHC:39243 WP No. 21925 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JULY, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 21925 OF 2024 (GM-FC) BETWEEN: SMT. KRUTHIKA B.L., D/O. LAKKAPPA SWAMY, W/O. ROHITH B.M., AGED ABOUT 26 YEARS, R/AT BABBUR VILLAGE, HIRIYUR TALUK, CHITRADURGA DISTRICT-577 599. ...PETITIONER (BY SRI.PRITHVIRAJ SHASTRY, ADVOCATE FOR SRI.BALAKRISHNA SHASTRY G., ADVOCATE) AND: SRI. ROHITH B.M., S/O LATE B.MANJUNATH, AGED ABOUT 29 YEARS, R/AT PRASHANTHI NILAYA, NEAR SANTHE PETE SCHOOL, SANTHEPETE, SIRA TALUK, TUMKUR DISTRICT-572 137. ...RESPONDENT (BY SRI. VIKYATH B., ADVOCATE) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ORDER DATED: 30.06.2022 ON I.A.NO.1 PASSED IN MC.NO.31/2020 ON THE FILE OF THE SR. CIVIL JUDGE AND JMFC, SIRA VIDE ANNEXURE-A. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, 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:39243 WP No. 21925 of 2024 ORAL ORDER Aggrieved by the order passed in I.A.No.1 filed under Section 24 of Hindu Marriage Act in M.C.No.31/2020 dated 30.06.2022 by the Senior Civil Judge and JMFC at Sira, whereby the Family Court had refused to grant interim maintenance to the wife and granted only litigation expenses of an amount of Rs.5,000/- per month, the wife is before this Court. 2. The parties are referred to as husband and wife for the sake of convenience. 3. It is the case that the husband had filed M.C. petition seeking divorce. The wife had filed I.A. seeking maintenance of an amount of Rs.15,000/- per month and Rs.25,000/- towards the legal and other expenses. It is the case of the husband that he is not working. It is the case of the wife that the husband is having landed properties and he is deriving lot of income from that. It is the case of the husband that the said properties belong to the joint family and they are not in his name. The Family Court had relied on the judgment of the Hon'ble Apex Court and straight away came to the - 3 - HC-KAR NC: 2025:KHC:39243 WP No. 21925 of 2024 conclusion that the petitioner is liable to pay maintenance in order to safeguard the interest of the unemployed respondent. When it comes to the operative portion of the order, it says the husband is directed to pay an amount of Rs.5,000/- towards legal and other expenses per month. 4. Having heard the learned counsels on either side, perused the material on record. This Court had perused the order. The order is not at all a well considered one. No reasons are forthcoming. This Court is of the view that balancing the interest of the parties they should be given an opportunity to adduce the evidence. Accordingly, this Court is passing the following: ORDER i. The impugned order passed in I.A.No.1 filed under Section 24 of Hindu Marriage Act in M.C.No.31/2020 dated 30.06.2022 by the Senior Civil Judge and JMFC at Sira is set aside and remanded back to the Family Court for fresh consideration. - 4 - HC-KAR NC: 2025:KHC:39243 WP No. 21925 of 2024 ii. Both the parties shall file their respective statement of assets and liabilities afresh as per the judgment of the Apex Court in Rajnesh vs. Neha1 and basing on that, the Family Court shall consider the I.A. iii. The husband shall continue to pay Rs.5,000/- per month as ordered by the Family Court till pending consideration of the I.A. iv. Accordingly, the writ petition is allowed. v. All I.As., in the writ petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE BN List No.: 2 Sl No.: 0 1 AIR 2021 SC 569