- 1 - HC-KAR NC: 2026:KHC:7947 WP No. 6101 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA WRIT PETITION NO. 6101 OF 2025 (GM-FC) BETWEEN: SRI I. VIJAYARAGHAVAN, S/O. SRI. G.R.INBAARAAJ, AGED ABOUT 35 YEARS R/AT NO.347, B BLOCK, 402, KORAMANGALA, BENGALURU-560034. …PETITIONER (BY SRI. V. R. BALARAJ, ADVOCATE) AND: SMT. SEETHA BOPAIAH, W/O SRI. I. VIJAYARAGHAVAN, D/O SRI.C.S. BOPAIAH, AGED ABOUT 35 YEARS, R/AT NO.29/1, BTR GARDEN PHASE-II, AECS A-BLOCK, KUDLU, BENGALURU-560068. Digitally signed by AASEEFA PARVEEN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:7947 WP No. 6101 of 2025 ALSO AT NO.7, 24TH E CROSS, EJIPURA, BENGALURU-560047. …RESPONDENT (BY SRI. MENTO ISAC, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET CALL FOR THE RECORDS FROM THE COURT OF THE I ADDITIONAL PRL. JUDGE, FAMILY COURT, BENGALURU IN M.C.NO. 167/2023 AND EXAMINE THE LEGALITY AND CORRECTNESS OF THE ORDER ON I.A.3/2023 U/SEC.24 R/W SEC. 26 OF THE HINDU MARRIAGE ACT DTD. 20.11.2024 PASSED BY THE LEARNED I ADDITIONAL PRL. JUDGE, FAMILY COURT, BENGALURU AT ANNX-A AND QUASH THE SAME TO THE EXTENT OF PAYING 50 PERCENT OF EMI ON HOUSE HOUSING LOAN BY ISSUING A WRIT OF CERTIORARI. 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:7947 WP No. 6101 of 2025 ORAL ORDER Heard Sri.V.R.Balaraj, learned counsel for the petitioner as well as Sri.Mento Isac, learned counsel for the respondent. 2. Challenging the order that is passed by the Court of I Additional Principal Judge, Family Court, Bengaluru, on I.A.No.III in M.C.No.167/2023 dated 20.11.2024 to the extent of directing the petitioner to pay 50% of the EMI of the housing loan, this writ petition is filed. 3. By all the submissions that is made by both the learned counsel, it is clear that the house in question stands in the joint name of the petitioner and respondent. It contains four floors (ground + three floors). Ground floor and third floor were let out. In first and second floors respondent and her children are residing. Petitioner is not residing in the said house and he is residing in a house taken on rent. Petitioner and respondent took housing loan - 4 - HC-KAR NC: 2026:KHC:7947 WP No. 6101 of 2025 and they are required to pay EMI which is around ₹41,500/- per month. These facts are not in dispute. 4. The version of the petitioner is that respondent and children are enjoying the property and they are receiving rents and hence they have to pay the dues and clear the housing loan. 5. On the other hand the version of the respondent is that she is under obligation to look after the children and therefore she cannot pay and clear the entire housing loan. 6. Admittedly, petitioner and respondent are employees. 7. When learned counsel for the petitioner states that respondent is receiving a sum of ₹28,000/- as rent from both the tenants, learned counsel for the respondent states that she is receiving only ₹25,000/- per month from the tenants and she has to maintain the building and also is under obligation to attend repairs. - 5 - HC-KAR NC: 2026:KHC:7947 WP No. 6101 of 2025 8. The Court through the impugned order directed the petitioner to pay a sum of ₹40,000/- per month as maintenance to the children. Considering these facts more particularly the fact that respondent is receiving a sum of ₹25,000/- per month as rent even according to her own version, this Court considers desirable to direct the petitioner to pay a sum of ₹15,000/- per month to the bank towards EMI. Thus, the writ petition is disposed of with the following: ORDER i) The order that is rendered by the Court of I Additional Principal Judge, Family Court, Bengaluru, on I.A.No.III in M.C.167/2023 dated 20.11.2024 is modified to the limited extent of payment of EMIs. ii) Petitioner to pay a sum of ₹15,000/- per month from the date of application till disposal of the main case towards his share of EMI. - 6 - HC-KAR NC: 2026:KHC:7947 WP No. 6101 of 2025 iii) Rest of the amount shall be paid by the respondent. Sd/- (DR.CHILLAKUR SUMALATHA) JUDGE AP CT:TSM List No.: 1 Sl No.: 50