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2026 DAILYLAW 38566 (KAR)

DIPAK THAKUR v. SUNITA THAKUR

WA/1942/2026 · 2026-09-08

K S Hemalekha

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR CNR: KAHC010567302026 NC: 2026:KHC:48536-DB WA No. 1942 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF SEPTEMBER, 2026 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT APPEAL NO. 1942 OF 2026 (GM-FC) BETWEEN: 1. DIPAK THAKUR AGED 57 YEARS S/O DS THAKUR 152, 2ND FLOOR DEFENCE ENCLAVE GEDLAHALLI, HENNUR ROAD BANGALORE - 560 077 …APPELLANT (BY SRI DIPAK THAKUR, PARTY-IN-PERSON) AND: 1. SUNITA THAKUR AGED 54 YEARS D/O DAULAT RAM KHACHI REGISTERED ADDRESS: 152, 1ST FLOOR DEFENCE ENCLAVE GEDLAHALLI, HENNUR ROAD BANGALORE - 560 077 …RESPONDENT THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE IMPUGNED ORDER OF 17.04.2026 PASSED BY THE SINGLE LEARNED JUDGE IN W.P.No.37271/2025 AND ALLOW THE MUTATIS MUTANDIS PROPORTIONATE REDUCTION OF INTERIM MONTHLY Digitally signed by K P SWETHA Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010567302026 NC: 2026:KHC:48536-DB WA No. 1942 of 2026 MAINTENANCE FROM Rs.20,000 TO THE ACTUAL ABOUT 7000, EFFECTIVE FROM EMPLOYMENT LOSS DATE OF 01/10/2025 & ETC. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MRS. JUSTICE K.S. HEMALEKHA ORAL JUDGMENT (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE) 1. The appellant has filed the present appeal impugning an order dated 17.04.2026 passed by the learned Single Judge in W.P.No.37271/2025 (GM-FC). 2. The said petition was preferred by the appellant under Article 227 of the Constitution of India, inter alia, praying that the order dated 11.11.2025 passed by the learned IV Additional Principal Judge, Family Court, Bengaluru in M.C.No.5860/2021 be modified to reduce the monthly interim maintenance from `20,000/- to `7,000/- and further to direct the respondent, who is the appellant's wife, to shift to a two room residence for herself which costs about `10,000/- instead of a house measuring 2,400 square feet which costs the rental of `45,000/-. - 3 - HC-KAR CNR: KAHC010567302026 NC: 2026:KHC:48536-DB WA No. 1942 of 2026 3. Prima facie, the present appeal is not maintainable in view of Section 4 of the Karnataka High Courts Act, 1961, which reads as under: "4. Appeals from decisions of a single Judge of the High Court.-An appeal from a judgment, decree, order or sentence passed by a single Judge in the exercise of the original jurisdiction of the High Court under this Act or under any law for the time being in force, shall lie to and be heard by a Bench consisting of two other Judges of the High Court." 4. The impugned order has not been rendered in exercise of the original jurisdiction of this Court, but it has been passed under the supervisory jurisdiction of this Court under Article 227 of the Constitution of India. 5. The appeal is accordingly dismissed. However, all rights and contentions of the parties are reserved. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (K.S. HEMALEKHA) JUDGE KPS List No.: 2 Sl No.: 11