- 1 - HC-KAR NC: 2026:KHC:35224 WP No. 18769 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JULY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA WRIT PETITION NO.18769 OF 2026 (GM-FC) BETWEEN: SRI DINESH KUMAR @ BABU S/O. S. SADASHIVA REDDY. AGED ABOUT 35 YEARS, R/AT VITTASANDRA VILLAGE. BEGUR HOBLI, BANGALORE SOUTH TALUK, BANGALORE RURAL DISTRICT-560 068. …PETITIONER (BY SRI. SRINIVASA GOWDA M.,ADVOCATE) AND: SMT J MAMATHA W/O. S. DINESH KUMAR BABU. D/O. V. JANARDHAN REDDY. AGED ABOUT 34 YEARS. R/AT NO 1/153, THALLARPETA. BAGALUR, HOSUR TALUK. KRISHNAGIRI DISTRICT, TAMIL NADU-635103. …RESPONDENT (BY SMT. MANJULA K S.,ADVOCATE) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 13.02.2026 PASSED BY THE IV ADDL. SENIOR CIVIL JUDGE BANGALORE RURAL DISTRICT BANGALORE ON IA FILED Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:35224 WP No. 18769 of 2026 UNDER SEC. 24 OF HINDU MARRIAGE ACT IN MC NO. 407/2023 VIDE ANNX-A. THIS PETITION HAVING BEEN HEARD AND RESERVED ON 09.07.2026 COMING ON FOR PRONOUNCEMENT OF ORDER THIS DAY, P SREE SUDHA J., MADE THE FOLLOWING: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA CAV ORDER This writ petition is filed against the order of the Family Court in I.A. filed in M.C.No.407/2023 claiming interim maintenance of Rs.75,000/- per month to the respondent/wife and her child and also litigation expenses of Rs.50,000/-. 2. M.C. No.407/2023 is filed by husband for divorce. In the said proceedings this I.A. is filed for interim maintenance. The Family Court considering the arguments of both sides directed to pay Rs.15,000/- per month to the minor son from the date of application till he attains the age of majority. Aggrieved by the said order petitioner/husband preferred this petition. 3. He mainly contended that he studied upto S.S.L.C., respondent is B.E. Graduate in Engineering. She is well settled in life and commanding, sound financial economic status in the - 3 - HC-KAR NC: 2026:KHC:35224 WP No. 18769 of 2026 Society. Their marriage was performed on 20.04.2018 and a baby boy was born on 19.12.2018. On 25.11.2019 his wife left him without any reason and took away the child along with her and also her belongings and was living with her parents without any intention to join him. She filed a petition D.V.No.1/2023 under Section 12(1) r/w 18, 19, 20, 22 and 23 of Protection of Women from Domestic Violence Act, 2005 and also filed I.A., in which the District Munsif cum Judicial Magistrate Court, Hosur, granted interim maintenance of Rs.10,000/- to his wife and son. From then onwards he is paying the said amount regularly along with arrears. Though he was ready and willing to take her back, she never joined, as such he filed M.C.No.407/2023 for divorce and in the said application she claimed interim maintenance. The Family Court granted Rs.15,000/- per month to the son from the date of petition. He further stated that father of the petitioner is an agriculturist and mother is a house wife, not an earning member. His wife stayed with him only for three months after the marriage and she is residing with her parents. - 4 - HC-KAR NC: 2026:KHC:35224 WP No. 18769 of 2026 4. Respondent/wife in her objection statement stated that he was doing real estate business along with his Uncle and also running Hallow Bricks Factory and earning Rs.2,00,000/- per month and is having ancestral properties and own transport and getting Rs.3,00,000/- from all sources. He further stated that by mistake he filed MFA No.3905/2026 and withdrawn the same on 16.06.2026 with a liberty to file fresh writ petition, but the copy of the said MFA is not filed before the Court. He stated that he is a lorry driver, due to the ill-health presently he is working as Supervisor/Writer in Hallow Bricks Factory belonged to his Uncle and getting a salary of Rs.20,000/- per month. Respondent has not filed any document to show that he is getting handsome income and owning any property. He has to take care of his parents. His wife is residing with his parents from past five years without expecting even a rupee from him. The Trial Court is insisting upon him to comply the order dated 13.02.2026 to lead the evidence in M.C. No.407/2023, as such he sought for quashing of the order dated 13.02.2026. 5. Heard the arguments of both sides. - 5 - HC-KAR NC: 2026:KHC:35224 WP No. 18769 of 2026 6. There is no dispute regarding marriage and paternity of the child. The petitioner herein stated that prior to the marriage it was informed that his wife completed MBA, but after the marriage he came to know that she is B.Com graduate. But now in this application he stated that she is B.E. Engineering and thus the actual qualification of the respondent/wife is not brought to the notice of this Court correctly. Petitioner stated that he is working as driver and earning only Rs.20,000/- per month in the Hallow Bricks Factory belong to his Uncle, whereas respondent has stated that he is doing the said business along with his Uncle and he is also having transport business and thus earning Rs.3,00,000/- per month from all sources and thus she sought for Rs.75,000/- towards interim maintenance. 7. Petitioner himself stated that respondent has not asked for any maintenance from past two years and she was residing with her parents. It is not in dispute that in D.V.C. No.1/2023 in an order dated 18.02.2025 an amount of Rs.10,000/- per month was granted to the respondent/wife and her son. - 6 - HC-KAR NC: 2026:KHC:35224 WP No. 18769 of 2026 8. The main contention of the petitioner herein is that again he is directed to pay Rs.15,000/- per month to the child which is beyond his income. Respondent/wife in her objections stated that petitioner is having land in Sy.No.6/4 measuring 0.8 guntas, Sy.No.11/2 measuring 3 acres 0.24 guntas, Sy.No.15/8 measuring 0.12 guntas, Sy.No.32/5 measuring 0.11 guntas, Sy.No.90/7 measuring 0.11 guntas, Sy.No.99/6 measuring 0.28 guntas and Khatha stands in the name of his Uncle Satish Reddy. It is also stated that his family is having several sites and they also own Bricks Factory in Sy.No.11/2 and having own transport such as lorry and tractor. Respondent stated that her father is suffering from liver related deceases and other ailments, mother is suffering from asthma and arthritis. Whereas, petitioner has stated that his father is suffering from burn injuries and mother is suffering from thyroid and age related issues. 9. The copy of the order in Crl.Misc.Petition No.141/2025 in D.V.No.1/2023 is also filed before this Court. It was observed that both parties filed their assets and liabilities statement in which it was held that bank statement of - 7 - HC-KAR NC: 2026:KHC:35224 WP No. 18769 of 2026 husband shows sum upto Rs.3,00,000/- was deposited in his account on every month and Rs.13,000/- was taken by Bajaj Finance Ltd. every month and thus it was held he was having sufficient income, but falsely contesting that he is not in a position to pay interim maintenance. 10. Admittedly respondent is highly qualified than petitioner herein and her parents gave 1/2 Kg. Gold. Unless, the petitioner herein is financially sound, her parents might not have given her in marriage to him. Even now he says that he is working in the Hallow Bricks Factory of his Uncle and getting only Rs.20,000/- and this appears that he came up with his version only to avoid the maintenance. 11. The child is aged eight years and his educational expenses are to be incurred by the parents. The fact that an interim maintenance of Rs.10,000/- granted by the learned District Munsif cum Judicial Magistrate Court, Hosur, in D.V.No.1/2023 was also brought to the notice of the Family Court and it was discussed in the order dated 13.02.2026. As such, interim maintenance is only granted to the child. - 8 - HC-KAR NC: 2026:KHC:35224 WP No. 18769 of 2026 Therefore, this Court finds no reason to interfere with the said order. 12. In the result, Writ Petition filed by the petitioner is devoid of merits and is dismissed confirming the order of the Family Court. Sd/- (P SREE SUDHA) JUDGE AP List No.: 1 Sl No.: 58