- 1 - NC: 2025:KHC-D:1961 WP No. 107656 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 31ST DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO.107656 OF 2024 (GM-FC) BETWEEN: SHRENIK KUMAR S/O. JINAPPA KANAGALE, AGE: 36 YEARS, OCC: PRIVATE SERVICE, R/O: 24, BASAVASREE NILAYA, 1ST CROSS, KRISHNA LAKE VIEW LAYOUT, CHIKKA DEVASANDRA LAKE, K.R.PURAM, BENGALURU – 560 036. …PETITIONER (BY SRI SRINIVAS B. NAIK, ADVOCATE) AND: SMT. SHRUTI W/O. SHRENIK KUMAR KANAGALE, AGE: 33 YEARS, OCC: NIL, R/O:C/O: MAHAVEER DADA PATIL, PLOT NO.121, DEEPA BUILDING, II STAGE, RANI CHANNAMMA NAGAR, DIST: BELAGAVI – 590 001. …RESPONDENT (BY SRI PRASAD PATIL, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO, PRAYING TO, ISSUE A WRIT OF CERTIORARI QUASHING THE IMPUGNED ORDER DATED 12/11/2024 ON IA NO.2 IN CRL MISC NO.124/2024 ON THE FILE OF I ADDITIONAL PRINCIPLE JUDGE FAMILY COURT, BELAGAVI, VIDE ANNEXURE-G, CONSEQUENTIALLY ISSUE A WRIT OF CERTIORARI QUASHING THE ENTIRE PROCEEDINGS IN CRL.MISC.NO.124/2024 AS AGAINST THE PETITIONER, IN ENDS OF JUSTICE AND EQUITY. AND ETC., Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - NC: 2025:KHC-D:1961 WP No. 107656 of 2024 THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING B GROUP, THIS DAY, ORDER WAS MADE THERIEN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) 1. The petitioner is before this Court calling in question the order dated 12.11.2024 by which the wife is granted interim maintenance at ₹.15,000/-. 2. Heard the learned counsel Shri Srinivas B.Naik appearing for the petitioner and the learned counsel Shri Prasad Patil appearing for the respondent. 3. The petitioner is the husband and the respondent is the wife. They two get married on 23.06.2018. It transpires that the marriage between the two flounders and on floundering of the relationship, several proceedings are initiated, one such proceeding is the petition seeking maintenance invoking Section 125 of the Cr.P.C. The concerned Court answering the application awards interim maintenance at ₹.15,000/-. It is this has driven the husband to this Court in the subject petition. - 3 - NC: 2025:KHC-D:1961 WP No. 107656 of 2024 4. Learned counsel Shri Srinivas B. Naik appearing for the petitioner submits that, the wife has on her own volition deserted the husband and moved to her parental house and therefore the payment of maintenance is exempted as obtaining under sub-Section (4) of Section 125 of the Cr.P.C. Learned counsel would submit that the maintenance that is awarded is on the higher side. Therefore, it should be tweaked or obliterated. 5. Learned counsel appearing for the respondent seeks to submits that the wife did not move away from the house but it is the husband's torture that led her to move away from the house and therefore, sub-section (4) of Section 125 of Cr.P.C. would not be applicable in the case at hand, nonetheless it is only an order of interim maintenance at ₹.15,000/-. 6. I have given my anxious considerations to the submission made by the learned counsel appearing for the parties. Perused the material on record. - 4 - NC: 2025:KHC-D:1961 WP No. 107656 of 2024 7. The order that directs payment of maintenance at ₹.15,000/- is on recording cogent reasons as the petitioner is working as a Project Manager and is earning about ₹.75,000/- per month and therefore, the amount i.e., ₹.15,000/- is not exorbitant for this Court to interfere in exercise of its jurisdiction under Articles 226 of Constitution of India. The other submission that, the wife has herself deserted her husband or the house and the payment of maintenance is exempted and sub-section (4) of Section 125 of Cr.P.C. is noted only to be rejected as the matter is at large before the concerned Court and it is for the concerned Court to take note of those submissions as well. In the light of the order not warranting any interference, the petition stands rejected. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE VNP/CT-ASC List No.: 1 Sl No.: 22