Extracted from the PDF above. The PDF is authoritative.
- 1 -
HC-KAR NC: 2026:KHC:26338 WP No. 9557 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF JUNE, 2026 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA WRIT PETITION NO. 9557 OF 2026 (GM-FC) BETWEEN:
SRI ARUNKUMAR P., S/O SRI PANDIYAN, AGED ABOUT 31 YEARS, RESIDING AT NO.100, 1ST FLOOR, 6TH CROSS, 2ND BLOCK, 3RD STAGE, BASAVESHWARANAGAR, BENGALURU - 560079.
ALSO AT:
TEAM LEADER HCL TECHNOLOGIES LTD., ITPL SEZ, AVIATOR BUILDING, 5TH FLOOR, UNIT-B, WHITEFIELD MAIN ROAD, BENGALURU-560066.
ALSO AT:
HCL TECHNOLOGIES LTD., NO.129, JIGANI INDUSTRIAL AREA, BOMMASANDRA, JIGANI LINK ROAD, BENGALURU - 560105. …PETITIONER (BY SRI. ANAND R.V., ADVOCATE) AND:
SMT. SUDESHNA S @ RACHANA S D/O SRI C. SURESH W/O. SRI ARUNKUMAR P Digitally signed by AASEEFA PARVEEN Location: HIGH COURT OF KARNATAKA
- 2 -
HC-KAR NC: 2026:KHC:26338 WP No. 9557 of 2026 AGED ABOUT 32 YEARS RESIDING AT NO.76/3, 4TH MAIN ROAD, 8TH BLOCK, MALAGALA, NAGARABHAVI 2ND STAGE, BENGALURU - 560072. …RESPONDENT (BY SRI. B.J. KRISHNA, ADVOCATE FOR C/R)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE ORDER DATED 27.02.2026 (ANNEXURE-F) PASSED IN CRL.MISC. NO. 631/2024 ON I.A. NO. 3 BY THE PRINCIPAL JUDGE, FAMILY COURT, BENGALURU.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA ORAL ORDER Heard Sri.Anand.R.V
learned counsel for the petitioner as well as Sri.B.J.Krishna learned counsel for the respondent.
2. Seeking a writ of certiorari and to quash the
order passed by the Court of Principal Judge, Family Court, Bengaluru on I.A.No.III in Crl.Misc.No.631/2024 dated 27.02.2026, this writ petition is filed.
- 3 -
HC-KAR NC: 2026:KHC:26338 WP No. 9557 of 2026
3. Respondent who is the wife of the petitioner filed I.A.No.III seeking interim maintenance of Rs.1,00,000/- per month from the petitioner/husband till the disposal of the main case. Family Court through the impugned
order
directed petitioner/husband to pay respondent/wife a sum of Rs.40,000/- per month towards interim maintenance from the date of application till the final disposal of the main case.
4.
Learned counsel for the petitioner submits that respondent deserted the petitioner and left the matrimonial home voluntarily. Respondent married one Vijay. Said marriage was dissolved by a decree of divorce by mutual consent. Vijay paid a sum of Rs.12,50,000/- to respondent towards permanent alimony as full and final settlement of all her claims. After receiving such amount, respondent married the petitioner. She later deserted the petitioner. Respondent claimed a sum of Rs.1,00,000/- towards interim maintenance and the Family Court without looking into the financial status and obligations of the
- 4 -
HC-KAR NC: 2026:KHC:26338 WP No. 9557 of 2026 petitioner, directed the petitioner to pay respondent a sum of Rs.40,000/- towards interim maintenance. Learned counsel contends that petitioner was earning around Rs.1,80,000/- while he was on job. He resigned the job and he was out of job for certain period. Subsequently, he got employment. Petitioner is under obligation to look after his aged parents. He is also under obligation to clear the loans obtained. Thus, petitioner is not in a position to pay huge sum of Rs.40,000/- to the respondent. The amount granted towards interim maintenance is exorbitant and therefore, this writ petition is filed.
5.
Learned counsel for the respondent, on the other hand, states that respondent studied upto II PUC only and she has no source of earnings. She cannot maintain herself. Therefore, Family Court rightly directed petitioner to pay the respondent a sum of Rs.40,000/- per month towards interim maintenance and thus, the writ petition is not maintainable.
- 5 -
HC-KAR NC: 2026:KHC:26338 WP No. 9557 of 2026
6. In the statement of assets and liabilities petitioner has shown that he works as Senior Consultant at HCL and earns around Rs.1,86,000/- per month. He also mentioned that he obtained personal loan of Rs.28,26,000/- from Axis Bank, Flexi loan of Rs.17,04,193/- from Bajaj Finance, Car loan of Rs.13,54,761/- from HDFC, gold loan of Rs.2,00,000/- from PACCS, another gold loan of Rs.1,25,000/- from PACCS, education loan of Rs.80,541/- from HDFC and the credit card due to be paid to HDFC is Rs.69,017/-. It is also mentioned that his father suffers from seizure disorder caused due to brain stroke and that he is on medication. It is also mentioned that his mother has a thyroid condition, had undergone eye surgery, is experiencing severe knee imbalance and she is also under continuous medication.
7. Though, learned counsel for the respondent during the course of his submission stated that petitioner has got agricultural land and he derives a sum of
- 6 -
HC-KAR NC: 2026:KHC:26338 WP No. 9557 of 2026 Rs.50,000/- per month through agriculture, no proof to that effect is on record.
8. Taking into consideration the earnings of the petitioner, his obligations, more particularly his liability to look after his parents, this Court is of the view that the sum awarded towards interim maintenance by the Family Court is on higher side. This Court is of the view that the petitioner can be directed to pay respondent a sum of Rs.25,000/- per month towards interim maintenance until final disposal of the main petition so that the amount which the petitioner pays to respondent will not be exorbitant and likewise, the amount which respondent receives will be sufficient for herself to eek out her livelihood. 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
- 7 -
HC-KAR NC: 2026:KHC:26338 WP No. 9557 of 2026 I.A.No.III in Crl.Misc.No.631/2024 dated 27.02.2026 is modified. (ii) Petitioner/husband is
directed to pay respondent/wife a sum of Rs.25,000/- per month towards interim maintenance from the date of filing of I.A.No.III i.e., 21.04.2025 until final disposal of the main petition or until further orders by the Family Court in that regard. (iii) Petitioner/husband to clear all arrears within a period of eight weeks. Sd/- (DR.CHILLAKUR SUMALATHA) JUDGE DS CT: TSM List No.: 1 Sl No.: 30