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2025 DAILYLAW 83826 (KAR)

DHRUVA KUMAR v. SHRUTHI

WP/6515/2022 · 2025-07-21

Lalitha Kanneganti

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Judgment text

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- 1 - HC-KAR NC: 2025:KHC:27435 WP No. 6515 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JULY, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 6515 OF 2022 (GM-FC) BETWEEN: DHRUVA KUMAR S/O THAMMAIAH AGED 37 YEARS R/AT NO 26, KRUTHI NILAYA 16TH CROSS ROAD, 3RD MAIN NAGARBHVAI 2ND STAGE BENGALURU 560072. …PETITIONER (BY SRI. SHARATH S GOWDA., ADVOCATE) AND: SHRUTHI W/O DHURVA KUMAR AGED 32 YEARS R/AT NO 1219, KRISHNA MANSION 1ST MAIN ROAD VIJAYANAGAR EAST POST OFFICE VIJAYNAGAR BENGALURU 560040. …RESPONDENT (BY SMT. VIDYA JAHAGIRDAR, ADVOCATE) THIS W.P. IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DTD. 04.02.2022 PASSED BY THE PRINCIPLE JUDGE FAMILY JUDGE, BANGALORE IN M.C.NO. 1472/2020 IN AWARDING MONTHLY INTERIM MAINTENANCE OF RS. 12,000/- PER MONTH TO MINOR CHILD, VIDE ANNX-A AND GRANT AN INTERIM ORDER TO STAY ORDER DTD. 04.02.2022 PASSED BY THE PRINCIPLE JUDGE FAMILY JUDGE, BANGALORE IN M.C.NO. 1472/2020. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN B GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:27435 WP No. 6515 of 2022 CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER Aggrieved by the order passed in I.A.No.2 in M.C.No.1472/2020 dated 04.02.2022 by the Principal Judge, Family Court, Bengaluru, whereby the Family Court had granted interim maintenance of an amount of Rs.12,000/- per month to the child from the date of filing I.A.No.2 i.e., 12.03.2020 till disposal of the case, the husband 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 wife had filed I.A.No.2 under Section 24 of the Hindu Marriage Act seeking direction to the husband to pay interim maintenance of an amount of Rs.75,000/- per month to her and to the minor daughter and Rs.1,00,000/- towards litigation expenses. 4. The Family Court, by order impugned, had granted maintenance of an amount of Rs.12,000/- per month to the child. The technical objection that is raised by the petitioner - 3 - HC-KAR NC: 2025:KHC:27435 WP No. 6515 of 2022 before the Court is that the wife can only seek maintenance under Section 24 of Hindu Marriage Act, 1955. Under Section 24 of the Hindu Marriage Act, 1955, the wife cannot seek the maintenance to the daughter and daughter is also not made as a party. The Family Court had granted the maintenance to the daughter and had observed that these kinds of technicalities cannot come in the way of the Court and admittedly both the parties are earning. The Family Court had observed that according to the wife, her income is Rs.88,000/-. Income tax returns for the financial year 2020-2021 shows that it is Rs.1,55,025/-. The respondent's income is Rs.1,21,639/- and after deductions of Rs.65,877/-, the net income is Rs.55,762/- per month. Looking at all these aspects, the Family Court had granted the maintenance of an amount of Rs.12,000/- to the daughter. 5. Learned counsel for the petitioner had argued before this Court in the similar lines as argued before the Family Court and submits that this writ petition needs to be allowed. - 4 - HC-KAR NC: 2025:KHC:27435 WP No. 6515 of 2022 6. Learned counsel appearing for the respondent submits that the Family Court had rightly considered and granted the maintenance and no interference is called for. 7. Having heard the learned counsels on either side, perused the material on record. The only objection that is put forth by the petitioner is purely a technical objection. The Family Court had granted maintenance to the daughter. The relationship between the parties is undisputed and it is equally the obligation of the father to take care of the child. Considering all these facts, the Family Court had rightly granted maintenance of an amount of Rs.15,000/- per month to the daughter and this Court finds no reason to interfere with the well considered order passed by the Family Court. Hence, this Court deems it appropriate to pass the following: ORDER i. Accordingly, the writ petition is dismissed. ii. All I.As., in the writ petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE BN