- 1 - HC-KAR NC: 2025:KHC:36260 WP No. 18238 of 2022 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.18238 OF 2022 (GM-FC) BETWEEN: SRI. SATISH R T S/O THIPPESWAMY R T, AGED ABOUT 37 YEARS, R/O B. L. GOWDA NAGAR, T. B. CIRCLE, HIRIYUR, CHITRADURGA DISTRICT – 577 599. …PETITIONER (BY SRI. V. B. SIDDARAMAIAH., ADVOCATE) AND: SMT. KAVYA S D/O SIDDARAMAIAH K. N., AGED ABOUT 35 YEARS, R/O 2ND BLOCK, 2ND MAIN, KUVEMPU NAGAR, TUMKUR – 572 102. …RESPONDENT (BY SRI. S. V. PRAKASH, ADVOCATE) THIS W.P. IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO i) ISSUE WRIT OF CERTIORARI TO SET ASIDE THE ORDER DATED 10.03.2022 PASSED BY THE COURT OF THE 1ST ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT AT TUMKUR, PASSED ON I.A. NO.7, FILED BY THE RESPONDENT UNDER SECTION 24 HINDU MARRIAGE ACT, IN M.C.NO.59/2020, VIDE ANNEXURE-E; ii) ISSUE ANY OTHER WRIT OR ORDERS AS THIS HON’BLE COURT BE DEEMS FIT IT NECESSARY UNDER THE FACTS AND CIRCUMSTANCES OF THE CASE IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION COMING ON FOR PRELIMINARY HEARING 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:36260 WP No. 18238 of 2022 ORAL ORDER Aggrieved by the order passed in IA.No.VII in MC.No.59/2020 dated 10.03.2022 by the I Additional Principal Judge, Family Court, Tumakuru, whereby the Family Court had granted maintenance of an amount Rs.7,000/- p.m to the wife and an amount of Rs.5,000/- p.m. to the son, the husband is before this Court. 2. The parties are referred to as husband and wife for the sake of convenience. 3. The wife had filed IA.No.VII seeking maintenance of an amount of Rs.15,000 p.m to her and an amount of Rs.10,000/- to the son. It is stated that she has already filed a petition under Section 125 CrPC seeking maintenance in Crl.Misc.No.107/2018 but the husband is dragging on the matter. Meanwhile, her father a practicing advocate expired on 07.12.2020. Accordingly, she has come up with this petition. The husband had filed his objections stating that he had initiated the proceedings under Section 9 of the Hindu Marriage Act seeking restitution of conjugal rights and the wife has failed - 3 - HC-KAR NC: 2025:KHC:36260 WP No. 18238 of 2022 to join the husband to lead a marital life in spite of several efforts he has filed the petition. It is his case that he is not able to eke out his livelihood and he is depending on his mother. Only to harass him, the present petition is filed. The Family Court by order impugned had observed that as per the wedding card the husband is M.Tech graduate. He is employed in Software Company and working from home which makes it that he is gainfully employed and able to maintain the wife and son and the interim maintenance needs to be just and reasonable. Accordingly, the Family Court had granted the maintenance. The Family Court has also taken note of the proceedings initiated in Crl.Misc.No.107/2018 but the Family Court observed that interim maintenance is not awarded. 4. Learned counsel appearing for the petitioner/husband submits that in Crl.Misc.No.107/2018 already an amount of Rs.5,000/- and Rs.7,000/- is granted and there cannot be two maintenance simultaneously. By the time, the Family Court had granted the maintenance, in the criminal miscellaneous orders were not passed. It is submitted that the counsel has already advised the client to pay the maintenance in any one of the case. - 4 - HC-KAR NC: 2025:KHC:36260 WP No. 18238 of 2022 5. Learned counsel appearing for the respondent/wife submits that in criminal miscellaneous an order was passed on 2022. Till now, no amount is paid by the husband. This particular aspect is not denied by the learned counsel appearing for the husband. It is submitted that the wife has to maintain herself. The husband particularly being M.Tech graduate and he is also having valuable properties there cannot be any difficulty for him to pay the amounts. 6. Having heard the learned counsel on either side, perused the material on record. The main contention of the petitioner/husband is there are two proceedings. The Maintenance is awarded i.e. an amount of Rs.5,000/- and Rs.7,000/-. On a query whether any amount is paid in either of the proceedings it is submitted that he has not paid the maintenance in any of these proceedings. When an order is passed by the Court in the Criminal Miscellaneous when that is not questioned by the husband, he cannot afford to disobey the orders of the Court and come before this Court and submit that already in Criminal Miscellaneous an order is passed. This Court is also conscious of the fact that he is suffering with 70% of disability. Hence, this Court is passing the following: - 5 - HC-KAR NC: 2025:KHC:36260 WP No. 18238 of 2022 ORDER i. If the petitioner pays the entire arrears within a period of 2 months from the date of receipt of the order in Crl.Misc.No.107/2018, he need not pay the maintenance as per the impugned order dated 10.03.2022. ii. If the arrears of the maintenance are not paid in Criminal Miscellaneous, he has to pay the maintenance even in this case. iii. Accordingly, the writ petition is disposed of. iv. All I.As pending shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE RJ List No.: 1 Sl No.: 1