- 1 - HC-KAR NC: 2026:KHC:8465 WP No. 20807 of 2025 C/W WP No. 20636 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. 20807 OF 2025 (GM-FC) C/W WRIT PETITION NO. 20636 OF 2025 (GM-FC) IN WP No. 20807/2025 BETWEEN: 1. SMT. RAJESHWARI S.H, W/O VARUN R D/O LATE. SURYAKANTHU HIRKE AGED ABOUT 35 YEARS, R/AT NO. 819, 14TH CROSS, 17TH MAIN, MEI LAYOUT, HESSARGHATTA, BENGALURU - 560 073. 2. BABY. HIRANMAYI V D/O VARUN R, SEX: FEMALE AGED 4 YEARS. SINCE MINOR REPRESENTED BY GUARDIAN MOTHER PETITIONER NO. 1 …PETITIONERS (BY SRI. SANTOSH RAJ URS B.Y, ADVOCATE) Digitally signed by AASEEFA PARVEEN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:8465 WP No. 20807 of 2025 C/W WP No. 20636 of 2025 AND: SRI. VARUN R, S/O G. RUDRAMANI AGED ABOUT 39 YEARS R/AT NO. 106, 5TH CROSS, SHANTAPPA BUILDING, BASAVANGUDI, SHIVMOGGA - 577 202 …RESPONDENT (BY SMT. KSHAMA, ADVOCATE FOR SMT. SONATAI G. VAKKUND, ADVOCATE) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) ISSUE IN THE NATURE OF CERTIORARI OR ANY OTHER WRIT AND QUASH THE IMPUGNED ORDER DATED 22-05-2025 PASSED BY THE HON'BLE VI ADDI PRINCIPAL JUDGE FAMILY COURT, AT BENGALURU FILED BY THE PETITIONERS UNDER SECTION 125 OF CRPC IN IA NO. VII IN CRI MISC NO. 339/2023, AS PER THE ANNEXURE-J AND ETC., IN WP NO. 20636/2025 BETWEEN: 1. SMT. RAJESHWARI S.H, W/O VARUN R, D/O LATE SURYAKANTHU HIRKE, AGED ABOUT 32 YEARS, R/AT NO. 819, 14TH CROSS, 17TH MAIN, MEI LAYOUT, HESSARGHATTA, BENGALURU - 560 073. 2. BABY. HIRANMAYI V D/O VARUN R, SEX: FEMALE - 3 - HC-KAR NC: 2026:KHC:8465 WP No. 20807 of 2025 C/W WP No. 20636 of 2025 AGED 4 YEARS. SINCE MINOR REPRESENTED BY GUARDIAN MOTHER PETITIONER NO. 1 ...PETITIONERS (BY SRI. SANTOSH RAJ URS B.Y, ADVOCATE) AND: SRI. VARUN R S/O G. RUDRAMANI, AGED ABOUT 39 YEARS, R/AT NO. 106, 5TH CROSS, SHANTAPPA BUILDING, BASAVANAGUDI, SHIVMOGGA – 577 202. ...RESPONDENT (BY SMT. KSHAMA, ADVOCATE FOR SMT. SONATAI G. VAKKUND, ADVOCATE) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) ISSUE WRIT IN THE MODIFYING THE QUANTUM OF THE MAINTENANCE AWARDED TO THE PETITIONER NO.2 IN THE IMPUGNED ORDER DATED 15-10-2024 PASSED BY THE HONBLE VI ADDL PRINCIPAL JUDGE FAMILY COURT, AT BENGALURU FILED BY THE PETITIONERS UNDER SECTION 125 OF CRPC IN IA NO. III IN CRL MISC NO. 339/2023 AS PER THE ANNEXURE-D AND ETC., THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA - 4 - HC-KAR NC: 2026:KHC:8465 WP No. 20807 of 2025 C/W WP No. 20636 of 2025 ORAL ORDER Heard Sri.Santosh Raj Urs.B.Y learned counsel for the petitioners as well as Ms.Kshama who represents Sri.Vakkund Sonatai Ganapatrao learned counsel for the respondent in both the writ petitions. 2. W.P.No.20636/2025 is filed seeking the Court to interfere and to modify the order that is rendered by the Court of VI Additional Principal Judge, Family Court, Bengaluru on I.A.No.III in Crl.Misc.No.339/2023 dated 15.10.2024. WP No.20807/2025 is filed seeking the Court to quash the order that is rendered by the same Court in the same case however on I.A.No.VII Dated 22.05.2025. 3. The relationship between the parties is not in dispute. Thus, first petitioner is the wife and second petitioner is the daughter of respondent. 4. Wife and daughter initially filed I.A.No.III seeking interim maintenance of Rs.25,000/- per month to them and Rs.20,000/- towards litigation expenses. Family Court - 5 - HC-KAR NC: 2026:KHC:8465 WP No. 20807 of 2025 C/W WP No. 20636 of 2025 disposed of the said interlocutory application rejecting the claim of the wife for interim maintenance, granting a sum of Rs.10,000/- per month to the child towards interim maintenance, giving a direction to respondent to pay the same from the date of order. Wife and child thereafter filed I.A.No.VII seeking the Court to direct respondent/ husband to pay the educational expenses of the child for the academic year 2025-26 which comes to Rs.98,650/-. Family Court dismissed the said interlocutory application. 5. Arguing on the merits of the matter, learned counsel for the petitioners i.e. wife and child submits that these two writ petitions were filed mainly on three grounds. Firstly, rejection of maintenance pendente lite to the wife is improper. Secondly, interim maintenance granted in favour of the child is grossly low. Thirdly, maintenance has to be granted from the date of filing of the petition seeking interim maintenance but the Family Court granted interim maintenance from the date of order which is unjustifiable. - 6 - HC-KAR NC: 2026:KHC:8465 WP No. 20807 of 2025 C/W WP No. 20636 of 2025 6. Learned counsel for the petitioners submits that respondent has got huge property and earns a lot. On the other hand, petitioners have no source of earnings. It is the responsibility of husband to maintain his wife and child. The amount granted towards interim maintenance in favour of the child is not sufficient. Also wife is unable to maintain herself. Thus the order rendered on I.A.No.III is required to be modified. Further, child needs good and proper education and mother is unable to bear the educational expenses and therefore, I.A.No.VII was filed seeking a direction to respondent/husband to bear the educational expenses. But the said interlocutory application was dismissed and thus by allowing the said interlocutory application, respondent/husband has to be ordered to bear the educational expenses. 7. Learned counsel who represents respondent/ husband on the other hand submits that wife initiated several proceedings against the husband. She filed an application under Section 23 of the Protection of Women - 7 - HC-KAR NC: 2026:KHC:8465 WP No. 20807 of 2025 C/W WP No. 20636 of 2025 from Domestic Violence Act seeking interim maintenance and the Court granted a sum of Rs.4,000/- per month to her towards interim maintenance payable by respondent herein. Learned counsel also submits that wife again filed another application seeking interim maintenance and the said application was allowed directing respondent/husband to pay Rs.6,000/- per month pendente lite. Learned counsel in support of his submission brought to the notice of this Court the orders rendered in Criminal Miscellaneous Case No.113/2023 dated 02.09.2023 and 18.09.2024 by the Court of Judicial Magistrate of First Class (TC-III) Bengaluru. Learned counsel submits that even otherwise respondent was paying Rs.5,000/- per month voluntarily to his wife and the said fact is not in dispute. Having perceived these facts, Family Court granted interim maintenance from the date of order in favour of the child and hence, that order needs no interference. Learned counsel also submits that wife is an employee and thus, she is capable of maintaining herself. That apart, wife - 8 - HC-KAR NC: 2026:KHC:8465 WP No. 20807 of 2025 C/W WP No. 20636 of 2025 fabricated the bank statements and filed them before the Family Court and husband filed an interlocutory application seeking the Court to observe the said fact and to take a decision with regard to the entitlement of wife and child for maintenance. Learned counsel ultimately submits that both the writ petitions are not maintainable. 8. So far as claim of maintenance by wife is concerned, in the statement of assets and liabilities filed by her she has disclosed that she is working as computer teacher at Blossom School, Bengaluru and earns Rs.14,000/- per month. The version of husband as per his statement of assets and liabilities that he is working as HRGS Advisor and he earns Rs.45,000/- per month. There is no denial of the fact that petitioners are receiving Rs.6,000/- per month towards maintenance as per the order rendered by the Court of Judicial Magistrate of First Class (TC-III) Bengaluru in Crl.Misc.No.113/2023. Therefore, this Court is of the view that the Family Court - 9 - HC-KAR NC: 2026:KHC:8465 WP No. 20807 of 2025 C/W WP No. 20636 of 2025 has rightly held that wife is not entitled for interim maintenance. 9. Coming to the aspect of enhancement of maintenance, as earlier indicated through the orders rendered referred supra wife and child are already receiving Rs.6,000/- per month. Apart from that through the order of the Family Court, the child is granted a sum of Rs.10,000/- per month towards interim maintenance. Having considered the fact that petitioners have not produced any substantive proof with regard to the assets of respondent/husband and as per his version he is earning Rs.45,000/- per month, this Court is of the view that there are no grounds for further enhancement. 10. Coming to the last aspect which is in respect of date from which maintenance is required to be paid, as rightly contended by learned counsel for the respondent, as respondent is paying Rs.6,000/- per month by the date of orders on I.A.No.III, the Family Court rightly held that interim maintenance of Rs.10,000/- per month to the child - 10 - HC-KAR NC: 2026:KHC:8465 WP No. 20807 of 2025 C/W WP No. 20636 of 2025 is required to be paid from the date of order. Thus, viewed from any angle, there are no grounds to interfere with the order that is rendered by the Family Court, Bengaluru on I.A.No.III. 11. So far as the relief claimed in W.P.No.20807/2025 i.e., to quash order that is rendered on I.A.No.VII, this Court is of the view that there are no grounds to direct respondent to bear the educational expenses of a sum of Rs.98,650/-, as during the course of submission, learned counsel for the respondent contended that first installment to be paid to the school authorities was already paid by respondent and he undertaken to bear the educational expenses for the rest of the academic year 2025-26. Thus, both the writ petitions are disposed of with the following: - 11 - HC-KAR NC: 2026:KHC:8465 WP No. 20807 of 2025 C/W WP No. 20636 of 2025 ORDER (i) Both the writ petitions are dismissed. SD/- (DR.CHILLAKUR SUMALATHA) JUDGE VS,DS List No.: 1 Sl No.: 15