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2026 DAILYLAW 14777 (KAR)

MRS RAGALAPALLY KRISHNAVENI v. MR DODDI SUNIL KUMAR

WP/23204/2025 · 2026-02-11

Chillakur Sumalatha

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Judgment text

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- 1 - HC-KAR NC: 2026:KHC:8432 WP No. 23204 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA WRIT PETITION NO.23204 OF 2025 (GM-FC) BETWEEN: 1. MRS RAGALAPALLY KRISHNAVENI, W/O MR DOODI SUNIL KUMAR, D/O MR R CHANDRA SEKHAR, AGED ABOUT 32 YEARS, R/O 183, SHREENIVASA NILAYA, 2ND STAGE, BTM LAYOUT, 18TH MAIN, 1ST PHASE, NEAR CANARA BANK, BENGALURU - 560076 ALSO AT: 19 - 12 - 477 BAIRAGIOATTEDA, TIRUPATI, ANDHRA PRADSH - 517501. 2. MS DOODI DHATHRIKA, D/O MR DOODI SUNIL KUMAR, AGED ABOUT 4 YEARS, R/O NO 183, SHREENIVASA NILAYA, 2ND STAGE, BTM LAYOUT, 18TH MAIN, 1ST PHASE, NEAR CANARA BANK, BENGALURU - 560076 REPRESENTED BY PETITONER NO. 1 …PETITIONERS (BY SMT. SONIA RAJESH, ADVOCATE) Digitally signed by AASEEFA PARVEEN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:8432 WP No. 23204 of 2025 AND: MR. DODDI SUNIL KUMAR, S/O MR DOODI SRINVIASALU AGED ABOUT 34 YEARS R/O 183, SHREENIVASA NILAYA, 2ND STAGE, BTM LAUYOUT 18TH MAIN, 1ST PHASE, NEAR CANARA BANK, BENGALURU - 560076. ALSO AT: NO. 5-429-2-9-1, DEVALAM STREET, MADANAPALLI, ANDHRA PRADESH - 517325 …RESPONDENT (BY SMT. AISHWARYA REKULGI, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT TO ALTER / MODIFY THE ORDER DATED 28.04.2025 PASSED BY THE PRINCIPAL JUDGE FAMILY COURT BANGALORE IN CRIMINAL MISCELLANEOUS NO. 104/2023 IN AWARDING MEAGER MONTHLY INTERIM MAINTENANCE OF RS.10,000/- TO PETITIONER NO.2 AND RS.30,000/- TOWARDS LITIGATION EXPENSES AND TO ENHANCE THE INTERIM MONTHLY MAINTENANCE AWARDED TO THE PETITIONERS, VIDE ANNEXURE-A AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING B-GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA - 3 - HC-KAR NC: 2026:KHC:8432 WP No. 23204 of 2025 ORAL ORDER Heard Ms.Sonia Rajesh, learned counsel for the petitioners as well as Ms.Aishwarya Rekulgi, learned counsel for respondent. 2. Being aggrieved by the order that is rendered by the Court of Principal Judge, Family Court, Bengaluru on I.A.No.III in Crl.Misc.No.104/2023 dated 28.04.2025, this writ petition is filed. 3. First petitioner being the wife, second petitioner being the minor child of the respondent filed I.A.No.III in Crl.Misc.No.104/2023 seeking a direction to the respondent to pay them interim maintenance of Rs.1,07,531/- per month, besides a sum of Rs.1,50,000/- towards litigation expenses. Family Court gave a finding that petitioner No.1/wife is not entitled for any interim maintenance. However, the Court directed the respondent to pay petitioner No.2/child a sum of Rs.10,000/- per month towards interim maintenance. - 4 - HC-KAR NC: 2026:KHC:8432 WP No. 23204 of 2025 4. The version of first petitioner is that she as wife is entitled for interim maintenance from respondent/husband. The version of second petitioner child is that the maintenance granted is grossly low. Learned counsel for the petitioners states that respondent is earning around Rs.1,25,000/- per month and he holds vast property. Petitioner No.2 is aged around four years and she is being looked after by petitioner No.1. Petitioner No.1 is incurring huge expenditure for the nourishment of petitioner No.2 and for providing good education. But, Family Court without taking into consideration the necessities of the petitioners, rejected the claim of petitioner No.1 and granted very meagre sum as interim maintenance to petitioner No.2. Learned counsel thereby seeks to allow the writ petition and thereby direct the respondent to pay the petitioners the sum claimed towards interim maintenance. 5. Vehemently opposing the submission thus made, learned counsel for respondent submits that - 5 - HC-KAR NC: 2026:KHC:8432 WP No. 23204 of 2025 petitioner No.1 is incurring not more than Rs.2,000/- per month for the education of the child. Petitioner No.1 is also an employee and she earns more than the respondent. Father of the respondent is suffering from ill health and therefore respondent is under obligation to spend huge amount for the treatment of his father. Family Court rightly rejected the claim of petitioner No.1. Respondent is ready and willing to pay a sum of Rs.10,000/- as ordered by the Family Court for the maintenance of the child. Therefore, the writ petition is not maintainable. 6. The Family Court discussed at length with regard to the financial status of both parties i.e. the first petitioner and the respondent. When petitioner No.1 is a B.Tech graduate in Electronics and Communications Engineering, respondent holds a B.Sc. degree in Statistics. While petitioner No.1 works as Test Specialist in IBM and gets gross salary of Rs.1,68,166/- per month, respondent earns gross salary of Rs.1,19,822/- per month. Thus, it is - 6 - HC-KAR NC: 2026:KHC:8432 WP No. 23204 of 2025 clear that the salary of first petitioner is more than the salary of the respondent. 7. So far as liabilities are concerned, though respondent contended that he borrowed Rs.10,00,000/- towards personal loan, Rs.1,65,000/- through credit card and Rs.3,50,000/- as hand loan, for what purpose he secured that amount is not stated. 8. Learned counsel for respondent during the course of submission states that petitioners are residing at Tirupati, where the cost of living is less and the first petitioner is not incurring any sum more than Rs.2,000/- for education of the child. A child of four years requires proper food and nourishment, proper medical facilities, comfortable transportation to school, school fee and other requirements including timely health check-up and recreation. 9. Undoubtedly father and mother who are earning are required to share equal responsibility where their - 7 - HC-KAR NC: 2026:KHC:8432 WP No. 23204 of 2025 earnings are similar. However, in the case on hand petitioner No.1/mother has got the additional responsibility to take care of the child and to attend her all requirements. 10. Having considered the financial status of respondent/father, this Court is of the view that he can at least spend 1/5th of his earnings towards the welfare of his child. Therefore, this Court considers desirable to allow the writ petition to that extent, modify the impugned order and direct respondent to pay his child i.e. the second petitioner herein a sum of Rs.20,000/- per month towards interim maintenance. 11. Therefore, the writ petition is disposed of with the following: ORDER (i) The order that is rendered by the Court of Principal Judge, Family Court, Bengaluru on I.A. - 8 - HC-KAR NC: 2026:KHC:8432 WP No. 23204 of 2025 No.III in Crl.Misc.No.104/2023 dated 28.04.2025 is modified. (ii) Respondent is directed to pay Petitioner No.2, a sum of ₹20,000/- per month towards interim maintenance from the date of application i.e. 12.10.2023 until further orders by the Family Court, Bengaluru. (iii) So far as the claim of petitioner No.1/wife is concerned, the findings in impugned order are confirmed. Sd/- (DR.CHILLAKUR SUMALATHA) JUDGE NS,AP CT:TSM List No.: 1 Sl No.: 46