Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:5056 WP No. 374 of 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA WRIT PETITION NO. 374 OF 2026 (GM-FC)
BETWEEN:
SRI. SANDEEP SHENOY BHAMY S/O. DINESH SHENOY, AGE 39 YEARS, R/AT FLAT NO.503, SHAKTHI EMPIRE, BARKE ROAD, MANNAGUDDA, MANGALURU, D.K.DISTRICT - 575 003. …PETITIONER (BY SRI. PRASANNA V.R, ADVOCATE) AND:
MRS. SHEETAL HEGDE D/O. SRINIVAS HEGDE, AGE 35 YEARS, R/AT HEGDE'S COMPOUND, MAIN ROAD, KARKALA - 574 104. …RESPONDENT (BY SRI. AKASH B. SHETTY, ADVOCATE)
THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE ORDER DATED 06.12.2025 ON IA NO.I IN MC NO.83/2025 PASSED BY THE LEARNED SENIOR CIVIL JUDGE AND ACJM., KARKALA, VIDE ANNEXURE-A AND ETC.,
Digitally signed by SHARADAVANI B Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:5056 WP No. 374 of 2026
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
ORAL ORDER Heard Sri. Prasanna V.R learned counsel for the petitioner as well as Sri. Akash B Shetty learned counsel for the respondent.
2. Seeking the Court to issue a writ of certiorari and to quash the order rendered by the Court of Senior Civil Judge, Karkala on I.A No. I in M.C. No. 83/2025 dated 06.12.2025, this writ petition is filed.
3. Arguing the matter, learned counsel for the petitioner submits that petitioner is the husband of the respondent. Their marriage was solemnized in the year 2013 and they gave birth to a male child in the year 2017. Subsequently disputes arose between them and hence they started residing separately. Learned counsel submits that the petitioner filed a petition seeking a decree of divorce. Respondent filed I.A No.I seeking the Court to
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HC-KAR NC: 2026:KHC:5056 WP No. 374 of 2026
grant interim maintenance of Rs.2,00,000/- per month for her sustenance as well as for the sustenance of her child.
Learned counsel further submits that the petitioner obtained a house loan for purchase of flat and out of his earnings, he is paying Rs.1,30,000/- per month towards EMI. With the meager amount left, he has to look after himself and his parents. Therefore he is unable to pay a sum of Rs.50,000/- towards interim maintenance as ordered by the Court. The Learned counsel also states that respondent completed her post graduation and she is doing PhD. Further she earns around Rs.15,000/- to Rs.20,000/- per month by taking tuitions. But without considering her earnings, the trial Court directed the petitioner to pay huge sum towards interim maintenance. 4. Per contra learned counsel for the respondent, states that respondent resides at a small town and she has no source of earning. Learned counsel also states that it is the liability of the petitioner to maintain the respondent as well as their child. Learned counsel further submits that
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HC-KAR NC: 2026:KHC:5056 WP No. 374 of 2026
respondent sought Rs.2,00,000/- per month towards interim maintenance for herself and her child. But the Court granted a sum of Rs.50,000/- only. Learned counsel thereby seeks to dismiss the writ petition. 5. In reply to the said submission, learned counsel for the petitioner states that respondent sought permanent alimony of Rs.10 Crores besides monthly maintenance of Rs.2 Lakhs and compensation of Rs.2 Crores which itself reveals the greediness of the respondent. 6. In the statement of assets and liabilities filed by the petitioner herein before the Family Court, he mentioned that he is working as Deputy General Manager at Vensar Constructions Co. Ltd., Hyderabad and he earns Rs.2,00,000/- per month. He also made a mention that he obtained loan of Rs.22,40,000/-. However he failed to state in clear terms the amount he is paying to the bank per month towards EMI. Equally no material is brought on record by the petitioner to show that respondent has got
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HC-KAR NC: 2026:KHC:5056 WP No. 374 of 2026
her own source of earning and that she earns Rs.15,000/- to Rs.20,000/- per month through tuitions as contended. Therefore, liability vests upon the petitioner to maintain the respondent and their child. However having considered the financial status of the petitioner this Court is of the view that the amount ordered to be paid towards interim maintenance is on higher side.
Taking into consideration the standard of living of the parties as projected by them through their pleadings, this Court is of the view that the petitioner can only be directed to pay a sum of Rs.20,000/- per month each to the respondent and their child. Thus totally Rs.40,000/-. Therefore the writ petition is disposed of with the following:-
ORDER i. The order rendered by the Court of Senior Civil Judge, Karkala on I.A No.I in M.C. No.83/2025 dated 06.12.2025 is modified. ii. Petitioner is
directed to pay a sum of Rs.20,000/- per month each to the respondent
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HC-KAR NC: 2026:KHC:5056 WP No. 374 of 2026
and their child totalling Rs.40,000/- from the date of application until further orders by the concerned Court.
Sd/- (DR.CHILLAKUR SUMALATHA) JUDGE
VS List No.: 1 Sl No.: 8