- 1 - HC-KAR NC: 2026:KHC:34026 WP No. 35772 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF JULY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA WRIT PETITION NO. 35772 OF 2025 (GM-FC) BETWEEN: MONIKA M.A., W/O NITHAN G.K, AGED ABOUT 34 YEARS, PRESENTLY R/AT DOOR NO.1246, CHAITHRA NILAYA, CHRISTIANS COLONY, RAJEEV NAGAR, SECOND STAGE, UDAYAGIRI POST, MYSORE DISTRICT, KARNATAKA - 570 019. …PETITIONER (BY SRI. DHANANJAY KUMAR., ADVOCATE) AND: NITHAN G K., S/O KUTTAPPA G.P, AGED ABOUT 36 YEARS, R/AT BIRUNANI POST, HUDIKERI HOBLI, PONNAMPET TALUK, KODAGU DISTRICT, KARNATAKA - 571 249. …RESPONDENT (BY SRI. MOHANA CHANDRA P., ADVOCATE) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED 02.08.25 PASSED BY THE SENIOR CIVIL JUDGE AND JMFC VIRAJPET ON I.A. NO.2 FILED BY THE PETITIONER Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:34026 WP No. 35772 of 2025 HEREIN UNDER SECTION 24 OF THE HINDU MARRIAGE ACT, 1955 R/W SECTION 151 OF C.P.C IN M.C.NO.44/2023 VIDE ANNEXURE-A AND ALLOW THE SAID APPLICATION AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL ORDER This writ petition is filed against the order dated 02.08.2025, passed on I.A.No.II by the Senior Civil Judge & JMFC., Virajpet (for short 'trial Court'), in M.C.No.44/2023. Petitioner/wife has filed an application before the trial Court seeking interim maintenance of Rs.25,000/- per month. The trial Court considering the entire evidence on record, dismissed the application. Being aggrieved by the said order, wife/petitioner preferred this writ petition. 2. Learned counsel for the petitioner submits that the marriage of the petitioner with the respondent was performed on 01.06.2014 and they are blessed with a female child on 20.09.2016. Due to the harassment and ill-treatment by the - 3 - HC-KAR NC: 2026:KHC:34026 WP No. 35772 of 2025 respondent, petitioner gave complaint against respondent on 16.09.2019 and from then onwards, they are residing separately and the minor child is residing with her/wife. 3. Further, the petitioner/wife filed Cr.M.C.No.193/2019, before learned Civil Judge & J.M.FC., Ponnampet. By the order dated 20.06.2024, the said Court directed the respondent/husband to pay maintenance of Rs.5,000/- per month to the minor child from the date of the petition, with yearly enhancement of 5% on the maintenance of preceding year, to beat the inflation and also directed to pay Rs.50,000/- towards educational expenses. It is stated that the respondent/husband is complying with the said order. Now, the petitioner is requesting this Court to set aside the order. 4. It is also stated that respondent/husband is a Government employee, working in Revenue Department. Apart from that, he also owns coffee estate and earns annual income of more than Rs.10 lakhs. It is further stated that petitioner is suffering from PCOD, thyroid problem and is taking regular treatment but trial Court dismissed the said application without appreciating the facts properly. - 4 - HC-KAR NC: 2026:KHC:34026 WP No. 35772 of 2025 5. The respondent/ husband also filed a divorce petition in M.C.No.44/2023. In the present petition, the petitioner/wife has requested for stay of proceedings in M.C.No.44/2023. 6. In Crl.M.C.No.193/2019, filed by the petitioner/wife claiming maintenance to herself and child, the trial Court has observed that the petitioner is drawing a salary of Rs.40,000 per month by working as a Store Manager. It directed the respondent/husband to pay Rs.5,000/- towards the maintenance of minor child and Rs.50,000/- towards educational expenses. It is stated that he is regularly complying the said order. It is also stated that the respondent/husband is paying Rs.7,000/- to his parents. As the petitioner/wife is having independent source of income and support, the application is rightly dismissed by the trial Court. 7. The trial Court in paragraph No.29 of the order passed in Cr.M.C.No.193/219 has mentioned regarding the previous work of the petitioner/wife wherein, it is stated that she was working in Mahindra Retail Company Ltd. and earning - 5 - HC-KAR NC: 2026:KHC:34026 WP No. 35772 of 2025 Rs.26,011/- per month, whereas, the respondent/husband is getting Rs.29,380/- per month as per service certificate of May 2020. Since both of them are working, maintenance was granted only to the minor child. 8. Be that as it may, the fact that both of them are earning was not in dispute, and accordingly, the maintenance application filed by the petitioner/wife in M.C.No.44/2023 was dismissed by the trial Court. This Court finds no reason to interfere with the said order. In the result, writ petition is dismissed by confirming the order dated 02.08.2025, passed on IA.No.II in M.C.No.44/2023, by the trial Court. Sd/- (P SREE SUDHA) JUDGE PSJ List No.: 2 Sl No.: 34