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2025 DAILYLAW 81903 (KAR)

SRI GANDHAM UMA MAHESH v. KUM. ANWITA DEVI

WP/7393/2020 · 2025-08-04

Lalitha Kanneganti

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Judgment text

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- 1 - HC-KAR NC: 2025:KHC:30477 WP No. 7393 of 2020 C/W WP No. 9228 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 7393 OF 2020 (GM-FC) C/W WRIT PETITION NO. 9228 OF 2021 (GM-FC) IN WP No. 7393/2020 BETWEEN: SRI GANDHAM UMA MAHESH S/O GANDAHAM KRISHNAIAH AGED ABOUT 43 YEARS, R/AT NO.12/161 RAMALAYA VEEDHI AT AND PO CHENUR KADAPA DISTRICT, AP-516 162 …PETITIONER (BY SRI.M.M.ASHOK, ADVOCATE) AND: 1. KUM. ANWITA DEVI AGED ABOUT 8 YEARS, D/O SRI GANDAHA, UMA MAHESH SINCE MINOR REPRESENTED BY HER NEXT FRIEND MOTHER SMT.S.RASHMI SHANKA 2. SMT S.RASHMI SHANKAR AGED ABOUT 40 YEARS, W/O SRI GANDHAM UMA MAHESH D/O SRI D.SHANKAR R/AT 5TH CROSS, 18TH MAIN BTM 2ND STAGE BANGALORE-560 076 …RESPONDENTS (BY SRI.H.R.MANJUNATHA, ADVOCATE) Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:30477 WP No. 7393 of 2020 C/W WP No. 9228 of 2021 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ORDER DATED 20.12.2019 ON I.A.NO.2 IN CRL.MISC.NO.793/2018 PASSED BY THE 3RD ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT AT BANGALORE, AS PER ANNEXURE-A TO THE WRIT PETITION AND CONSEQUENTLY TO DISMISS THE APPLICATION FILED BY THE RESPONDENTS. IN WP NO. 9228/2021 BETWEEN: 1. KUM. ANWITA DEVI AGED ABOUT 10 YEARS, D/O SRI GANDHAM UMA MAHESH SINCE MINOR REPRESENTED BY HER NEXT FRIEND MOTHER SMT. S RASHMI SHANKAR 2. SMT. S RASHMI SHANKAR AGED ABOUT 41 YEARS, W/O SRI GANDHAM UMA MAHESH D/O SRI D.SHANKAR BOTH ARE RESIDENTS OF NO.1106 5TH CROSS, 18TH MAIN, BTM 2ND STAGE, BANGALORE - 560 076. ...PETITIONERS (BY SRI. MANJUNATHA H.R., ADVOCATE) AND: SRI GANDHAM UMA MAHESH AGED ABOUT 44 YEARS, S/O SRI GANDHAM KRISHNAIAH RESIDENT NO. 217, 2ND A MAIN 2ND C CROSS, KASTURINAGAR EAST OF NGEF, BANGALORE - 560 043 ALSO AT SRI GANDHAM UMA MAHESH TITLE 2156149, M PHASIS APPS FIN SOLUTIONS, MPHASIS APPLICATION DELIVERY UNIT, M PHASIS LIMITED - 3 - HC-KAR NC: 2025:KHC:30477 WP No. 7393 of 2020 C/W WP No. 9228 of 2021 DLF SEZ IT PARK, TOWER 1B, LEVEL 1-5, 1/124 SHIVAJI GARDEN MANAPAKKAM MOUNT POONAMALLE ROAD, CHENNAI - 600 089. ALSO AT SRI GANDHAM UMA MAHESH S/O SRI GANDHAM KRISHNAIAH NO. 12/161 RAMALAYA VEEDHI AT AND PO CHENNUR KADAPA DISTRICT ANDHRA PRADESH ...RESPONDENT (BY SRI.M.M.ASHOK, ADVOCATE) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THAT PORTION OF ORDER DATED 20.12.2019 PRODUCED AT ANNEXURE-D WHICH IS PASSED ON I.A.NO.2 IN CRL.MIS.NO.793/2018 ON THE FILE OF HONBLE 3RD ADDL. PRINCIPAL JUDGE, FAMILY COURT, BENGALURU, GRANTING MAINTENANCE FOR A PERIOD OF 6 MONTHS FROM THE DATE OF ORDER OR TILL THE DATE OF DISPOSAL OF THE PETITION WHICHEVER IS EARLIER AND CONSEQUENTLY MODIFY THE SAID ORDER GRANTING MAINTENANCE FROM THE DATE OF APPLICATION TILL DISPOSAL OF THE CRL.MIS.PETITION NO.793/2018. THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING, 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.2 in Crl.Misc. No.793/2018 dated 20.12.2019 by the III Addl. Principal Judge, Family Court, Bengaluru, whereby the Family Court had granted interim maintenance of an amount of Rs.30,000/- per month to wife and the child. Husband is before this Court by - 4 - HC-KAR NC: 2025:KHC:30477 WP No. 7393 of 2020 C/W WP No. 9228 of 2021 filing W.P.No.7393/2020 and the wife is before this Court by filing W.P.No.9228/2021 seeking enhancement of maintenance. 2. The parties are referred to as husband and wife for the sake of convenience. 3. In W.P.No.7393/2020, the Co-ordinate Bench of this Court on 09.04.2021 had passed an interim order directing the husband to pay an amount of Rs.20,000/- per month. The Criminal Miscellaneous is of the year 2018. 4. There is no representation on behalf of the petitioner. Learned counsel appearing for the respondent submits that now the case is at the stage of cross examination of PW1. 5. Having heard the learned counsel for the respondent, perused the material on record. Crl.Misc. No.793/2018 is pending before the III Additional Principal Judge, Family Court, Bangalore. As this Court had already issued directions to the Family Court to dispose of the matters till the year 2019 by 15.12.2025 and as this case is at the fag end, at this point of time, this Court is not inclined to go into - 5 - HC-KAR NC: 2025:KHC:30477 WP No. 7393 of 2020 C/W WP No. 9228 of 2021 the merits of the matter. Hence, this Court is passing the following: ORDER i. The III Additional Principal Judge, Family Court, Bangalore shall dispose of Crl.Misc.No.793/2018 as expeditiously as possible, but not later than 15.12.2025. ii. The husband shall continue to pay the maintenance amount as per the interim order passed by this Court i.e., Rs.20,000/- per month. iii. Accordingly, these writ petitions are disposed of. iv. All I.As., in these writ petitions shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE BN List No.: 1 Sl No.: 43