Extracted from the PDF above. The PDF is authoritative.
- 1 -
HC-KAR
CNR: KAHC010269212026 NC: 2026:KHC:36468 WP No. 12160 of 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JULY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA WRIT PETITION NO.12160 OF 2026 (GM-FC)
BETWEEN:
MR. EKHLAS AHMED S/O. SHOAIB AHMED AGED ABOUT 36 YEARS R/AT DOOR NO.146 2ND FLOOR, OPP. TO STONE PARK 6TH CROSS, KEB COLONY UDAYAGIRI COLONY MYSURU CITY-570 019 …PETITIONER (BY SRI HOSAMANI SHAKEELAHMAD MEERANSAB, ADVOCATE) AND:
1.
SMT. NEELUFAR W/O. EKHLAS AHMED D/O. ANWAR PASHA AGED ABOUT 36 YEARS
2.
BABY MOHAMMED ZAINAL ABIDIN S/O. EKHLAS AHMED AGED ABOUT 2 YEARS REPRESENTED BY NATURAL GUARDIAN MOTHER-RESPONDENT NO.1
BOTH ARE R/AT NO.50, 5TH CROSS BEHIND SS TEMPLE ROAD
Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka
- 2 -
HC-KAR
CNR: KAHC010269212026 NC: 2026:KHC:36468 WP No. 12160 of 2026
P.H. COLONY, TUMKUR TOWN TUMKUR-572 101 …RESPONDENTS (BY SRI MANJUNATH T. M., ADVOCATE FOR R-1 AND R-2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS FROM THE PRINCIPAL JUDGE FAMILY COURT AT TUMKUR, IN CRL.MISC. NO.89/2024 AND TO SET ASIDE THE IMPUGNED INTERIM ORDER PASSED IN I.A. NO.VIII/2025 AS PER ANNEXURE-A PASSED ON 26-02-2026 IN CRL.MISC.
NO.89/2024 PASSED BY THE PRINCIPAL JUDGE FAMILY COURT AT TUMKUR.
THIS PETITION HAVING BEEN HEARD AND RESERVED ON 15.07.2026 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 Crl.Misc.No.89/2024 dated 26.02.2026. The said application is filed by wife for maintenance to her and also to the son aged 1 year 5 months at the time of filing the application. During the pendency of the said application respondent/husband has filed IA No.8 seeking directions to the salary drawing officer of respondent
- 3 -
HC-KAR
CNR: KAHC010269212026 NC: 2026:KHC:36468 WP No. 12160 of 2026
No.1/wife to produce salary details and certificate. But the said application was dismissed.
2. Aggrieved by the said order, petitioner/husband filed this writ petition.
3.
Learned counsel for the petitioner/husband contends that petitioner's marriage with first respondent was performed on 11.07.2021 and they have blessed with a child on 12.10.2022. He further stated that respondent No.1/wife gave complaint against the petitioner before Women Police Station on 20.05.2023 and it was registered as Crime No. 82/2023 for the offences punishable under Sections 498A, 323, 504 and 506 read with Section 34 of IPC and also under Sections 3 and 4 of Dowry Prohibition Act. Petitioner also produced salary slips to show that his wife is getting a salary of Rs.45,000/- per month. She is working as a Senior Executive in Wipro Technologies, an IT company located at Shikaripalya, Electronic City, Bengaluru and thus he filed an application under Section
- 4 -
HC-KAR
CNR: KAHC010269212026 NC: 2026:KHC:36468 WP No. 12160 of 2026
94 of the BNSS to direct the drawing officer to produce the salary details and salary certificates. He further contends that the wife has suppressed her real salary particulars. She is earning more than Rs.45,000/- per month. The petitioner also filed G & WC No.16/2023 before the Principal Judge, Family Court, Mysore. In the said proceedings, visitation rights was granted to him. It is further contended that the respondent/wife deserted the petitioner on 16.02.2023. Petitioner/husband filed WP No.13620/2025 to set aside the interim order of maintenance dated 21.10.2024 in Crl.Misc.No.89/2024 and it was stayed and pending for consideration. Thus, he prays to set aside the impugned order.
4.
Learned counsel for the respondent/wife contends that petitioner/husband is working as a Manager at Super Daily Merged with Swiggy Company and earning Rs.1,50,000/- per month. He also opened a franchise through Photoshop, Creative Images in the name of his brother Noufil Ahmed. He is having Innova car and Honda
- 5 -
HC-KAR
CNR: KAHC010269212026 NC: 2026:KHC:36468 WP No. 12160 of 2026
Activa. As such she has filed Crl.Misc.No.89/2024 under Section 125 Cr.P.C claiming maintenance of Rs.50,000/- per month to her and Rs.50,000/- per month to respondent No.2 and Rs.1,00,000/- for food and shelter. Though respondent No.1 is working in Wipro Technologies and earning Rs.45,000/- per month, out of which she is repaying the loan amount and other expenses.
5. Heard the arguments of both sides.
6. The Family Court observed that respondent No.1/wife produced her salary certificate for the month of November 2025 and also she filed 3 years bank statement on 05.02.2026. It discloses the credit of salary to her account, as such no need to summon the salary details.
7. Admittedly, there is dispute between wife and husband. The main contention of the petitioner/husband is that his wife is also working and earning sufficiently. She is in a Senior Executive position in Wipro Technologies and thus he requested the Court to direct the concerned
- 6 -
HC-KAR
CNR: KAHC010269212026 NC: 2026:KHC:36468 WP No. 12160 of 2026
authorities to produce her salary particulars. The said documents sought for by him are material to decide the case on merits. But the Family Court without appreciating the facts properly held that she already filed bank statement and filed salary slip for November 2025, as such the said particulars need not be called for. The said observation of the Family Court is not on proper appreciation of facts and is to be set aside.
8. In the result, the Writ Petition is allowed and the order of the Family Court in IA No.8 filed in Crl.Misc.No.89/2024 dated 26.02.2026 is set aside.
Sd/- (P SREE SUDHA) JUDGE
NS List No.: 3 Sl No.: 5