- 1 - HC-KAR NC: 2026:KHC:35852 WP No. 21763 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF JULY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA WRIT PETITION NO. 21763 OF 2025 (GM-FC) BETWEEN: 1. SMT UMA W/O SRI. GOUDAPPAGOUDA D. HOSUR AGED ABOUT 40 YEARS 2. MASTER CHINMAY GOUDA HOSUR S/O SRI GOUDAPPAGOUDA D. HOSUR AGED ABOUT 14 YEARS 3. MASTER. RUTHVIKGOUDA G.H S/O SRI. GOUDAPPAGOUDA D. HOSUR AGED ABOUT 6 YEARS THE PETITIONERS NO.1 TO 3 ARE RESIDING AT NO.91, 3RD CROSS, BENGALURU UNIVERSITY LAYOUT, 5TH STAGE BEML, RAJARAJESHWARI NAGAR BENGALURU-560 098 PETITIONERS NO.2 AND 3 ARE MINOR, REPRESENTED IN THE PRESENT PETITION THROUGH THEIR NATURAL GUARDIAN MOTHER VIZ., THE PETITIONER NO.1 …PETITIONERS (BY SRI. SANKET M. YENAGI., ADVOCATE) Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:35852 WP No. 21763 of 2025 AND: SRI GOUDAPPAGOUDA D HOSUR S/O DYAMANA GOUDA HOSUR AGED ABOUT 46 YEARS, R/AT GUMGOL VILLAGE, BYALYAL POST, NAVALGUND TALUK, DHARWAD DIST. – 581 201. …RESPONDENT (BY SRI. HALLUR SHIVAYOGI., ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTIONO F INDIA, PRAYING TO-SET ASIDE THE ORDER DTD 15.02.2025 PASSED BY THE HONBLE COURT OF IV ADDL. PRL. JUDGE FAMILY COURT BENGALURU ON IA NO. 3/2022 IN CRL. MISC NO. 445/2022 AT ANNX-G. THIS PETITION HAVING BEEN HEARD AND RESERVED ON 06.07.2026 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 dated 15.02.2025 passed on I.A. No.3 of 2022 by the IV Additional Principal Judge, Family Court, Bengaluru in Crl. Misc. No.445 of 2022. I.A. No.3 of 2022 was filed by the petitioners herein before the Family Court claming interim maintenance of Rs.69,047/- per month for her and for minor children. But the Family Court granted an amount of Rs.6,000/- per month to - 3 - HC-KAR NC: 2026:KHC:35852 WP No. 21763 of 2025 each of petitioner Nos. 2 and 3 herein from the date of application till disposal of the petition. 2. Aggrieved by the said order, the petitioners/mother and the minor children have filed this petition and mainly contended that the family court granted meagre amount. Petitioner-mother filed an affidavit of disclosure of assets and liabilities and also disclosed her monthly expenses for her maintenance and maintenance of the children. She relied upon the judgment of the Hon'ble Supreme Court in the case of Rajnesh Vs. Neha and Others, reported in (2021) 2 SCC 324 decided on 04.11.2020 and Kalyan Dey Chowdhury Vs. Rita Dey Chowdhury Nee Nandy decided in Civil Appeal No.5369 of 2017 dated 19.04.2017 in which certain guidelines were laid down by the Hon'ble Supreme Court for the grant of maintenance. 3. It is further stated that the petitioner’s non monetary contributions as a primary caregiver are invaluable and cannot be quantified in monetary terms and the amount granted by the Family Court is meagre. The Family Court observed that - 4 - HC-KAR NC: 2026:KHC:35852 WP No. 21763 of 2025 the 1st petitioner-mother is able to maintain herself as she is educated and employed. It is stated that ability to maintain does not mean mere survival, but maintaining a lifestyle comparable to what she enjoyed or entitled to from her husband, and thus, requested to set aside the impugned order passed by the Family Court. 4. Heard the arguments of both sides. 5. It is not in dispute that marriage of petitioner No.1 and respondent was performed on 01.12.2010. Respondent is a software Engineer and he completed his post graduation in MCA. Second petitioner was born on 19.08.2011 and third petitioner was born on 11.07.2019. Both of them resided together at Kengeri, Bengaluru. It is stated that he was regular to his employment. In the year 2017, both of them separated for about 10 months on the ground that he was not contributing the amount. But, later, she stayed with him for the sake of children. On 11.08.2020, respondent/father man handled her. The petitioner-mother gave the details of the properties of the respondent-husband and stated that petitioner - 5 - HC-KAR NC: 2026:KHC:35852 WP No. 21763 of 2025 No.2, aged 10 years, was admitted in Baldwin Co-education Extension High School. The respondent is enjoying annual income of Rs.15 lakhs to Rs.20 lakhs and given the details of her expenditure running into Rs.69,047/- per month and also the annual expenses of her children as Rs.2,23,000/-. 6. In the objection filed by the respondent/father, he has not disputed marriage, but stated that he could not take care of his father due to the attitude of the petitioner. As such, his father expired and she is not even allowing his mother to stay with them. The respondent/father further stated that he paid Rs.16,00,000/- for purchase of the flat. But the said fact was suppressed by her. It is stated that petitioner/mother filed O.S. No.2 of 2021 before Civil Judge and JMFC, Navalagund, for partition and separate possession against him and his mother and sister. The land in Survey No.288/*/3 is in the name of his father. He availed the loan of Rs.8,10,000/- and the present due amount is Rs.12,00,000/-. He has to pay tax of more than Rs.2,00,000/- towards the property in the name of his father. It is further stated that the first petitioner left him and residing separately at Bangalore. She is working as Junior Lecturer in - 6 - HC-KAR NC: 2026:KHC:35852 WP No. 21763 of 2025 DIET, Rajarajeshwari Nagar, Bangalore and getting a salary of more than Rs.70,000/-. per month. She is capable of leading her life, assets and liability statement is also filed. 7. The Family Court, considering all aspects, observed that the petitioner No.1-mother is a M.A., B.Ed. graduate working as a Junior Lecturer and getting a gross salary of Rs.73,500/- and net salary of Rs.33,548/-. Respondent-father is also MCA graduate, He stated that he was working in a private sector and earning moderate salary, but his income is not stated. It is stated that from 07.01.2023, he is not working in any private sector and only doing agricultural work and getting Rs.9,000/- per month and also doing coolie work. The Family Court perused the salary slip of petitioner No.1 and found that Petitioner No.1 was getting Rs.1,06,922/- as gross salary and net salary of Rs.69,070/-. 8. The children are staying with the petitioner/mother and she has to incur their educational expenses and also their financial needs. Merely because she was earning, the respondent/father cannot absolve from his liability of - 7 - HC-KAR NC: 2026:KHC:35852 WP No. 21763 of 2025 maintaining the children as a father. Though, he is a qualified MCA graduate, he simply stated that he left the job in the year 2023 and only earning Rs.9,000/- per month as an agriculturalist. The said contention cannot be accepted. However, the maintenance case is still pending and it is at the stage of interim maintenance. 9. Therefore, this Court finds that it is just and reasonable to direct the respondent/father to pay an amount of Rs.10,000/- per month to each of petitioner Nos.2 and 3 from the date of application till the disposal of the petition and he is directed to pay the arrears of interim maintenance within 3 months from the date of this order. The Family Court is directed to dispose of the maintenance application on merits by duly considering the entire evidence on record. 10. In the result, the writ petition is allowed. The order of the Family Court is modified to an extent of direction to respondent-father to pay an amount of Rs.10,000/- to petitioner Nos.2 and 3 towards interim maintenance from the date of petition till realisation and petitioner No.1 is not entitled - 8 - HC-KAR NC: 2026:KHC:35852 WP No. 21763 of 2025 for interim maintenance. The respondent/father is directed to pay the arrears of interim maintenance within 3 months from the date of this order. The Family Court is directed to dispose of the maintenance application on merits by duly considering the entire evidence on record. Sd/- (P SREE SUDHA) JUDGE CS CT:NR List No.: 1 Sl No.: 58