Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:35451 WP No. 21119 of 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF JULY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA WRIT PETITION NO.21119 OF 2026 (GM-FC)
BETWEEN:
ASIF SHAMIM SON OF MR. S.M. SHAMIM EQBAL, AGED ABOUT 47 YEARS, RESIDING AT FLAT NO.803, T-7, L AND T EMERALD ISLE, SAKI VIHAR ROAD, POWAI, MUMBAI - 400 072. …PETITIONER (BY SRI. PRADEEP S SAWKAR, SUNDARSWAMY AND RAMDAS, ADVOCATE) AND:
FARAH RAZVI SHAMIM, WIFE OF ASIF SHAMIM, AGED 45 YEARS, RESIDING AT NO.176, B.G. ROAD, NANDI DEEPA APARTMENT, TEJASWINI NAGAR, BANNERGHATTA ROAD, HULIMAVU, BENGALURU - 560 076. …RESPONDENT
Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka
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HC-KAR NC: 2026:KHC:35451 WP No. 21119 of 2026
THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS OF M.C.NO.3238/2025 PENDING ON THE FILE OF THE II ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, BENGALURU AND ISSUE A WRIT IN THE NATURE OF CERTIORARI TO SET ASIDE THE IMPUGNED
ORDER DATED 20.06.2026 (ANNEXURE - A), PASSED ON INTERLOCUTORY APPLICATION UNDER SECTION 36 OF THE SPECIAL MARRIAGE ACT, 1954 IN M.C. NO. 3238/2025 SEEKING MAINTENANCE FOR RESPONDENT (I.A. NO.8) AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, 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 of the Family Court dated 20.06.2026 in which it was stated as follows:
"Both counsel present.
IA No.8 is allowed.
For compliance and Petitioner's evidence by 20.07.2026."
2.
Learned counsel for the petitioner/husband stated that respondent/wife filed an application i.e., IA No.8 seeking for direction to pay Rs.2,48,550/- towards
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HC-KAR NC: 2026:KHC:35451 WP No. 21119 of 2026
maintenance and Rs.2,50,000/- towards litigation expenses. He further submits that the Family Court without assigning any reasons simply stated that IA No.8 is allowed and the said order is patently erroneous. Therefore, he prays to allow the petition.
3. Heard and perused the records.
4. This Court is of the view that there is justification in the submission made by learned counsel for the petitioner and order of the trial Court is not a well reasoned order. Therefore, this writ petition is disposed of with the following:
ORDER (i) Writ Petition is allowed by setting aside the order of the Family Court on IA No.8 dated 20.06.2026 in MC No.3238/2025. (ii) Family Court is directed to permit the petitioner/husband herein to file his objections, affidavit and assets and liability statement.
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HC-KAR NC: 2026:KHC:35451 WP No. 21119 of 2026
(iii) After granting reasonable opportunity to both sides, the Family Court is directed to dispose of IA No.8 on merits by duly considering the submissions of both sides.
Sd/- (P SREE SUDHA) JUDGE
NS CT:TSM List No.: 2 Sl No.: 32