- 1 - HC-KAR NC: 2025:KHC:36336 WP No. 18381 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 18381 OF 2023 (GM-FC) BETWEEN: MR. V. CHATURA S/O. VENKATESH B.K AGED ABOUT 39 YEARS, R/AT V.R. SOBHA, 3RD FLOOR MEDOWS HOSAKOTE - 562 114. …PETITIONER (BY SRI. CLIVE JOHNS QUADROS., ADVOCATE) AND: MRS. B. REKHA AGED ABOUT 34 YEARS, W/O V. CHATURA AND D/O N. BYRAPPA, RESIDING AT: 'MURARI NAILAYA', 1B-2B CROSS, SHOBA ORCHID ROAD, BEHIND BESCOM OFFICE, JAKKUR, BENGALURU - 560 064. …RESPONDENT (BY SRI. ARJUN P.R., ADVOCATE FOR SRI. NARAYAN M.S., ADVOCATE) THIS WP IS FILED UNDER ARTICLE 227 FO THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE ORDER DATED 17.07.2023 PASSED BY THE 1ST ADDL. JUDGE FAMILY COURT BANGALORE IN MC NO.3105/2019 VIDE ANNX-D. 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:36336 WP No. 18381 of 2023 ORAL ORDER Aggrieved by the order passed in M.C.No.3105/2019 dated 17.07.2023 by the I Additional Principal Judge, Family Court, Bengaluru, whereby the Family Court had granted interim maintenance of an amount Rs.10,000/- each per month to the wife and child and also educational expenses of the child and the husband was directed to pay the entire arrears of maintenance to the wife from the date of filing of the petition, the petitioner/husband is before this Court. 2. The parties are referred to as husband and wife for the sake of convenience. 3. Learned counsel appearing for the petitioner/husband submits that the petition is filed in the year 2019 and the notice was served in the year 2023. From the date of order, he is paying the maintenance of an amount Rs.20,000/- per month to the wife and child and he is paying an amount of Rs.30,000/- from the last two months. It is submitted that the Family Court without even giving an opportunity to file the statement of assets and liabilities had passed the order. It is submitted that when the petition is filed in the year 2019 and he has entered - 3 - HC-KAR NC: 2025:KHC:36336 WP No. 18381 of 2023 into appearance in the year 2023, there cannot be a direction to pay the maintenance from the year 2019. It is submitted that the order may be set aside and the matter may be remanded back to the Family Court. 4. Learned counsel appearing for the respondent/wife does not dispute the fact that for the last two months, the husband is paying an amount of Rs.30,000/- and before that he was paying an amount of Rs.20,000/- per month from the date of order of this Court. Learned counsel submits that the husband voluntarily had avoided the notice and on that ground, the maintenance cannot be directed to be paid from the date of his appearance. The Family Court had rightly observed that the maintenance is from the date of the petition. It is submitted that the school fees of the child is not paid. 5. Having heard the learned counsels on either side, perused the entire material on record. This is an MC of the year 2019. The husband has entered appearance in the year 2023. There were lapses on the part of the husband and it is the contention of the wife that he voluntarily avoided the notice. But this Court cannot decide all these issues at this stage. As - 4 - HC-KAR NC: 2025:KHC:36336 WP No. 18381 of 2023 the husband is paying maintenance of an amount of Rs.30,000/- per month to the wife and child, as of now, this Court deems it appropriate to dispose of this petition by passing the following order: ORDER i. The order passed in M.C.No.3105/2019 dated 17.07.2023 by the I Additional Principal Judge, Family Court, Bengaluru, is modified. ii. The petitioner/husband shall continue to pay maintenance of an amount of Rs.30,000/- per month to the respondent/wife and the child till the disposal of the main petition. iii. The parties shall file their respective statements of assets and liabilities and with regard to the educational expenses and maintenance, the Family Court shall decide the application within one month from the date of receipt of copy of the order. iv. Coming to the aspect whether the wife and child are entitled for maintenance from the year 2019 or 2023, looking at the material on record, the Family Court shall pass appropriate order. - 5 - HC-KAR NC: 2025:KHC:36336 WP No. 18381 of 2023 v. As this is an M.C. filed in the year 2019, the Family Court is directed to dispose of M.C.No.3105/2019 by the end of February 2026. vi. Accordingly, the writ petition is disposed of. vii. All I.As. in this petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE MEG List No.: 1 Sl No.: 20