- 1 - HC-KAR CNR: KAHC010752392025 NC: 2026:KHC:39084 WP No. 34844 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JULY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA WRIT PETITION NO.34844 OF 2025 (GM-FC) BETWEEN: SRI PRASHANTH V. AGED ABOUT 31 YEARS S/O. M. VASUDEVAIAH R/AT NO.87, ARALIMARA ROAD CHALLAGHATTA VILLAGE KUMBLAGODU, KENGERI BENGALURU-560 060 …PETITIONER (BY SRI PRABHAKAR L. SHETTY, ADVOCATE) AND: SMT. LATHA B. S. AGED ABOUT 27 YEARS W/O. PRASHANTH V. D/O. SURESH NOW RESIDING AT SRI MALLIKARJUNASWAMY NILAYA NEAR SRIRANGA SCHOOL CHETHANA EXTENSION, BATAWADI TUMAKURU-572 102 …RESPONDENT (BY SRI ASHOK KUMAR H. V., ADVOCATE) Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010752392025 NC: 2026:KHC:39084 WP No. 34844 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 04.10.2025-ANNEXURE-A ON I.A.NO.2-ANNEXURE-C UNDER SECTION 144(1) OF BNSS IN CRIMINAL MISC. NO. 133 OF 2025, PASSED BY THE PRINCIPAL JUDGE, FAMILY COURT, TUMAKURU. THIS PETITION HAVING BEEN HEARD AND RESERVED ON 22.07.2026, 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 to set aside the order dated 04.10.2025 in I.A. No.II in Crl.Misc.No.133/2025. 2. Wife filed an application for maintenance in Crl.Misc.No.133/2025 and during the pendency of the same, she also filed I.A.No.II claiming interim maintenance of Rs.50,000/- per month from the husband. Family Court considering the arguments of both sides and also citations of the Apex Court, directed husband to pay interim maintenance of Rs.25,000/- per month from the date of application. Aggrieved by the said order, petitioner/husband preferred an appeal and mainly - 3 - HC-KAR CNR: KAHC010752392025 NC: 2026:KHC:39084 WP No. 34844 of 2025 contended that his marriage with respondent took place on 29.11.2023 and immediately after the marriage, they stayed in the house of the mother of the petitioner/husband. After, ashada masa, when he intended to take her back to his house, she refused to join him and as a result, he was compelled to take rented house at Challaghatta Village. Even then, respondent/wife refused and asked him to shift his parents to separate house and this clearly shows that she is adamant and she has no adjustment either with him or with his family members and she don’t want to stay with him. She gave a complaint before Superintendent of Police, Tumakuru. Though they advised her to go to the matrimonial house, she refused to come and requested to give divorce, but he refused for the same. She filed Crl.Misc.No.133/2025. Petitioner/husband is working as a Senior Software Engineer at M/s.A.C.L. Digital, Bengaluru and earning Rs.1,60,000/- per month. Petitioner/husband is having financial liabilities and responsibilities including payment of - 4 - HC-KAR CNR: KAHC010752392025 NC: 2026:KHC:39084 WP No. 34844 of 2025 rent for his accommodation and his parents are dependent upon him and he has to meet out their medical expenses and other expenses. Respondent/wife was a District Executive Member of the BJP Yuva Morcha. After the marriage, she wanted to join the job in Bengaluru and also attended several interviews, but refused to join the job as she was expecting big pay package. She is qualified and able to work. Though she is now working in Tumakuru, has not revealed the same to the Court. Property bearing No.160, Sri.Nilaya, Nandi Layout, Kommaghatta, Kengeri is standing in the name of his mother, who is aged 58 years and not earning. He along with his mother borrowed Rs.25,00,000/- as housing loan and constructed the building in the said site and residing in the said house and he is also paying EMI of Rs.30,500/- towards the said loan amount. He purchased car by paying a loan amount of Rs.27,000/- per month. Before marriage, he was drawing a salary of Rs.60,000/- per month. To meet out the marriage expenses, he took hand loan of Rs.10,00,000/- - 5 - HC-KAR CNR: KAHC010752392025 NC: 2026:KHC:39084 WP No. 34844 of 2025 from his relatives and friends and is paying the instalment of the same. He took separate rented house by paying Rs.12,000/- per month at the instance of respondent/wife and also deposited Rs.50,000/- as security deposit. Respondent/wife has not filed proper assets and liability statement. She is gainfully employed in a reputed start up company and earning substantial salary but suppressed her employment status, income, nature of work and falsely claiming to be unemployed only to get interim maintenance which amounts to an abuse of legal process. She voluntarily left him and started staying with her parents. Therefore, she is not a destitute. Therefore, requested the Court to set aside the order of the Family Court. 3. In this case, heard the arguments of learned counsel for the petitioner. Even after granting two adjournments, there is no representation for the respondent. As such, matter is reserved for orders. - 6 - HC-KAR CNR: KAHC010752392025 NC: 2026:KHC:39084 WP No. 34844 of 2025 4. The Family Court observed that marriage of petitioner with respondent was performed on 29.11.2023. Petitioner/husband stated that the conduct of his wife was horrible and aggressive. She damaged the TV in the house, she was adamant and her behaviour was captured in the video. Later she filed a false complaint against him and his parents. Respondent/wife stated that her husband is Senior Software Engineer in M/s.A.C.L. Digital and earning Rs.25,00,000/- per annum. He is having duplex house and let out ground floor for rent of Rs.10,000/- per month. He is also having valuable property in Jigani and Kudurugere Village. 5. She completed her Diploma in Electrical Engineering. She pursued Bachelor of Engineering in Electrical and Electronics. Previously, she was working in a start-up company and presently, she is District Executive Member in BJP Yuva Morcha. She filed I.A.No.II for maintenance under Section 125(1) of Cr.P.C (Section 144(1) of Bharatiya Nagarik Suraksha Sanhita). The - 7 - HC-KAR CNR: KAHC010752392025 NC: 2026:KHC:39084 WP No. 34844 of 2025 primary object of Section 125 of Cr.P.C is to prevent vagrancy, destitution and starving by providing a speedy, summary and monthly maintenance allowance for neglected wives, children, and parents who cannot support themselves. It is also for the respondent/wife to show that he refused and neglected to maintain her, and thus, she deserted him. 6. In this case, she has not mentioned any reason why she deserted him. She gave complaint against him before the police. When they advised her to join him, she refused and asked for divorce. But so far no divorce application is filed by either of them. She failed to prove that there was refusal and neglect to maintain her. Petitioner/husband stated that at her instance, he also took a separate house and paying a rent of Rs.12,000/- per month and also deposited Rs.50,000/- towards security deposit but she did not join him. It is further stated that she is qualified, previously she was working in start up company and presently, she is working as District - 8 - HC-KAR CNR: KAHC010752392025 NC: 2026:KHC:39084 WP No. 34844 of 2025 Executive Member at BJP Yuva Morcha and her profile is reflected in social media. It is also stated that she is residing at her parents house initially after the marriage. He joined her in her maternal home and it shows that her parents are living in a own house, but she has not mentioned all the facts in her assets and liability statement. As per the assets and liability statement of the petitioner/husband, he is working as a Senior Software Engineer at M/s.A.C.L. Digital, Bengaluru and earning Rs.1,60,000/- per month, but he stated that he took car loan of Rs.13,00,000/-, hand loan of Rs.10,00,000/- and home loan of Rs.20,00,000/- and paying the EMIs and he further stated that his parents are suffering from several old age ailments and dependent on him. 7. Merely because wife filed an application for maintenance, she is not entitled for amount when she is also educated and capable of earning on her own. No doubt, under Section 125 of Cr.P.C., husband is liable to maintain wife, children and parents who cannot support - 9 - HC-KAR CNR: KAHC010752392025 NC: 2026:KHC:39084 WP No. 34844 of 2025 themselves. The word 'refusal' or 'neglect' means a person with enough money fails or refuses to support their wife, children or parents who cannot support themselves. In this case, petitioner/husband requested her to join him but she herself refused and she also refused to give divorce. She cannot blow hot and cold at the same time and she claimed maintenance without disclosing her qualification, income, assets and liabilities properly. The Primary objective of Section 125 of the Code of Criminal Procedure Code is to prevent destitution and vagrancy. It serves as a social welfare measure to provide quick, summary financial relief to neglected wives. In this case she is not destitute and never neglected by respondent. 8. The Family Court without appreciating the facts properly, directed the petitioner/husband to pay Rs.25,000/- per month towards interim maintenance and the said order is not on proper appreciation of facts and is liable to be set aside. Respondent/wife is at liberty to adduce proper evidence in Crl.Misc.133/2025 filed for - 10 - HC-KAR CNR: KAHC010752392025 NC: 2026:KHC:39084 WP No. 34844 of 2025 maintenance and Family Court can consider the same while disposing of main petition after considering the evidence of both sides. Writ petition is allowed and the order passed by the Principal Judge, Family Court on IA No.II in Crl.Misc.No.133/ 2025 dated 04.10.2025, is set aside. Sd/- (P SREE SUDHA) JUDGE DS CT:VC List No.: 1 Sl No.: 71