- 1 - HC-KAR NC: 2025:KHC-D:18150 WP No. 102533 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 15TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 102533 OF 2025 (GM-FC) BETWEEN: SRI. NIJAGUNEPPA S/O NAGAPPA SHIVABASANNAVAR AGE: 64 YEARS OCC: RTD. RAILWAY EMPLOYEE R/O: BYAHATTI, TQ: HUBBALLI DIST: DHARWAD-580012 …PETITIONER (BY SRI. B. V. SOMAPUR, ADVOCATE) AND: LEELA D/O SOMANNA ALAGWADI AFTER MARRIAGE SMT. LEELA W/O NIJAGUNEPPA SHIVABASANNAVAR AGE: 63 YEARS OCC: HOUSEWIFE R/O: BYAHATTI, TQ: HUBBALLI NOW RESIDING AT C/O SANGEETA S KULKARNI ADVOCATE M S PATIL MANAKWAD BUILDING SHANKAR COLLEGE STOP, IBRAHIMPUR ROAD, NAVALAGUND DIST: DHARWAD-581205 …RESPONDENT (BY SMT. KAVITA JADHAV FOR SRI. ARUN L. NEELOPANT, ADV.) Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:18150 WP No. 102533 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF CERTIORARI QUASHING / SETTING ASIDE THE ORDER VIDE ANNEXURE A DATED 13/12/2024 PASSED BY THE LEARNED PRINCIPAL JUDGE, FAMILY COURT, HUBBALLI, IN M.C. NO. 181/2024 ON I.A. NO. IV AND DISMISS THE SAID I.A. NO. IV AND ETC., THIS WRIT PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) 1. The petitioner is before this Court seeking the following prayer: a. “Issue Writ of Certiorari quashing / setting aside the order vide annexure a dated 13/12/2024 passed by the Learned Principal Judge, Family Court, Hubballi, in M.C. No. 181/2024 on I.A. No. IV and dismiss the said I.A. No. IV. b. Issue any other writ, order or direction as this Hon’ble Court deems fit in the interest of justice and equity.” 2. The petitioner is the husband and the respondent is the wife. The marriage between the two was solemnized in the year 2009, and the relationship between them appears to have - 3 - HC-KAR NC: 2025:KHC-D:18150 WP No. 102533 of 2025 floundered. Upon deterioration of the marital relationship, the petitioner instituted proceedings seeking restitution of conjugal rights under Section 9 of the Hindu Marriage Act in M.C. No.183/2019. 3. Subsequent to the said proceedings, it transpires that the respondent-wife has instituted several proceedings, including the impugned proceedings under Section 24 of the Hindu Marriage Act, seeking maintenance. 4. In the light of the same, the petitioner-husband is now before this Court calling in question the order directing payment of interim maintenance of Rs.5,000/- per month to the wife. It is contended that it is the wife who has deserted the husband, and therefore the proceedings for restitution of conjugal rights have been instituted by him. 5. Learned counsel for the petitioner submits that if the wife herself has deserted the husband, there would be no question of granting maintenance. While this contention is a matter to be considered at the time of passing final orders in the main proceedings, the interim maintenance presently granted at Rs.5,000/- per month cannot be said to be exorbitant so as to warrant interference by this Court. - 4 - HC-KAR NC: 2025:KHC-D:18150 WP No. 102533 of 2025 6. The petition, being devoid of merit, stands rejected. Sd/- (M.NAGAPRASANNA) JUDGE AC/CT ASC List No.: 1 Sl No.: 107