- 1 - HC-KAR NC: 2026:KHC:8774 WP No. 1466 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA WRIT PETITION NO.1466 OF 2023 (GM-FC) BETWEEN: SRI. S. RAJU @ RAJUGOWDA, S/O. LATE SAMPANGIRAMAIAH AGED ABOUT 34 YEARS, RESIDENT OF UPAVASAPURA VILLAGE, KASABA HOBLI, MALUR TALUK, KOLAR DISTRICT - 563131. …PETITIONER (BY SRI. JAGADEESHA S R.,ADVOCATE) AND: K. LAVANYA, W/O S RAJU @ RAJUGOWDA, AGED ABOUT 27 YEARS, RESIDING AT HURLAHALLI VILLAGE, Digitally signed by AASEEFA PARVEEN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:8774 WP No. 1466 of 2023 MAGONDI POST, KASABA HOBLI, BANGARPET TALUK, KOLAR DISTRICT - 563114. …RESPONDENT (BY SRI. UDHAYA KUMAR G., ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDERS DATED 31.10.2022 AND 17.12.2022 PASSED BY LEARNED SENIOR CIVIL JUDGE AND JMFC - MALUR IN M.C.NO.24/2020 AS PER ANNEXED-A AND ETC. THIS PETITION, COMING ON FOR UNDER THE CAPTION "PART HEARD", THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA - 3 - HC-KAR NC: 2026:KHC:8774 WP No. 1466 of 2023 ORAL ORDER Heard Sri.S.R.Jagadeesha, learned counsel for the petitioner as well as Ms.Jayalakshmi who represents Sri. Udhaya kumar, learned counsel on record for respondent. 2. This writ petition is filed seeking the Court to quash the order that is rendered by the Court of Senior Civil Judge, Malur, on I.A.No.II in M.C.No.24/2020 dated 31.10.2022. 3. The facts of the case as submitted by learned counsel for the petitioner which are not disputed by learned counsel for the respondent before this Court on this day are as under: i) Petitioner married respondent in the year 2019. ii) They led marital life for very short period and thereafter disputes arose between them. iii) Respondent/wife filed a petition seeking decree of divorce but said petition was dismissed for default. iv) Petitioner/husband has filed a petition for restitution of conjugal rights i.e. M.C.No.24/2020 and on 11.07.2023 he not pressed the said petition. - 4 - HC-KAR NC: 2026:KHC:8774 WP No. 1466 of 2023 v) While M.C.No.24/2020 was pending, respondent/wife filed I.A.No.II seeking interim maintenance and the Court through the impugned order directed petitioner/husband to pay respondent/wife a sum of Rs.4,000/- per month. 4. Learned counsel for the petitioner submits that respondent/wife without obtaining any decree of divorce married another person and she is living with that person. On knowing about the subsequent marriage, petitioner not pressed the petition filed by him for restitution of conjugal rights. Petitioner was directed to pay maintenance of Rs.6,000/- per month by the Court which dealt with the case filed by wife under Domestic Violence Act. However, again through the impugned order a direction was given to the petitioner to pay a sum of Rs.4,000/- per month. Learned counsel states that as the petitioner has not pressed his petition filed for restitution of conjugal rights, the interim maintenance granted in the said petition should come to an end, but the Court issued FLW for realisation of subsequent amount also. Learned counsel thereby seeks to pass necessary orders. - 5 - HC-KAR NC: 2026:KHC:8774 WP No. 1466 of 2023 5. Learned counsel for respondent on the other hand states that petitioner is under liability to pay interim maintenance from the date of petition till the disposal of the case and he has not paid. 6. Respondent/wife sought the Court to direct the petitioner/husband to pay maintenance of Rs.20,000/- per month till disposal of the petition. There is no dispute of the fact that the petition filed for restitution of conjugal rights was disposed of on 11.07.2023. Therefore, petitioner is under liability to pay maintenance as ordered by the Court from the date of application dated 18.08.2022 filed under Section 24 of Hindu Marriage Act till the disposal of the main case i.e. 11.07.2023. Though, learned counsel for the petitioner submitted that respondent contacted another marriage, no proof to that effect is produced. Therefore, the petition is disposed of with the following: ORDER i) The order rendered by the Court of Senior Civil Judge, Malur, on I.A.No.II in M.C.No.24/2020 dated 31.10.2022 is - 6 - HC-KAR NC: 2026:KHC:8774 WP No. 1466 of 2023 confirmed. However, interim maintenance granted through that order shall be paid by the petitioner to respondent from 18.08.2022 till 11.07.2023. ii) Time for two months is granted to the petitioner to clear all the arrears. iii) In case petitioner fails to clear the arrears within the time granted, Executing Court will be at liberty to take steps as provided under law. iv) Amount if any paid till now shall be adjusted. Sd/- (DR.CHILLAKUR SUMALATHA) JUDGE AP CT:TSM List No.: 1 Sl No.: 27