- 1 - HC-KAR NC: 2026:KHC:4530 WP No. 2909 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA WRIT PETITION NO.2909 OF 2023 (GM-FC) BETWEEN: SRI ILYAZ PASHA @ ELYAS PASHA S/O. FAYAZ PASHA AGED ABOUT 43 YEARS R/A NO.572, ARABIA HOUSE IST A MAIN IST CROSS BHUNESHWARI NAGAR R. T. NAGAR BENGALURU-560 032 …PETITIONER (BY SRI RAVINDRANATH K., ADVOCATE, (THROUGH VC)) AND: 1. AYAAN PASHA S/O. ILYAZ PASHA AGED ABOUT 14 YEARS 2. ALIAN HUNAIN D/O. ILYAZ PASHA AGED ABOUT 8 YEARS Digitally signed by SOWMYA DODDAMARAIAH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:4530 WP No. 2909 of 2023 BOTH ARE RESIDING WITH THEIR MOTHER AT NO.155, 2ND MAIN ROAD BHUNESHWARINAGAR R. T. NAGAR BENGALURU-560 032 BOTH ARE REPRESENTED BY THEIR MOTHER-SMT. HASEENA TAJ 35 YEARS NO.155, 2ND MAIN ROAD BHUNESHWARINAGAR R. T. NAGARw BENGALURU-560 032 …RESPONDENTS (BY SRI G. S. RAJESH, 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 THE ENTIRE RECORDS FROM THE FILE OF LEARNED IV ADDITIONAL JUDGE, FAMILY COURT, AT BENGALURU IN CRL.MIS NO.703/2021 AND SET ASIDE THE IMPUGNED INTERIM ORDER OF MAINTENANCE VIDE ORDER DATED 21/07/2022 BY THE LEARNED IV ADDITIONAL JUDGE FAMILY COURT AT BENGALURU IN CRL.MIS NO. 703/2021 AT ANNX-A. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA - 3 - HC-KAR NC: 2026:KHC:4530 WP No. 2909 of 2023 ORAL ORDER Heard Sri.Ravindranath.K learned counsel for the petitioner who appears through video conference. Also heard Sri.G.S.Rajesh learned counsel for respondents who appears before this Court physically. 2. Being aggrieved by the order passed by the Court of IV Additional Principal Judge, Family Court, Bengaluru on I.A.No.II in Crl.Misc.No.703/2021 dated 21.07.2022, present writ petition is filed. 3. Respondents herein, who are the minor children of the petitioner, filed an interlocutory application seeking interim maintenance of Rs.50,000/- per month besides Rs.25,000/- towards litigation expenses. 4. It is not in dispute that respondent No.1 who is the son of petitioner was aged around 14 years and respondent No.2 who is the daughter of petitioner was aged around 8 years as on the date of filing of the petition seeking interim maintenance. Their version is that petitioner - 4 - HC-KAR NC: 2026:KHC:4530 WP No. 2909 of 2023 herein is running a car garage in the name and style 'Safe Cabs' and is earning Rs.5,00,000/- per month, he is also having a travel agency by name 'Limo Cabs India Pvt. Ltd.' at Bengaluru through which he runs around 350 vehicles and thereby earns Rs.20,00,000/- per month, also in real estate business and earns Rs.1,00,000/- per month besides having several properties in and around Bengaluru and gets about Rs.2,00,000/- rent. The Court through the impugned order directed the petitioner to pay a sum of Rs.10,000/- per month to each of the respondents besides school fee for the academic year 2021-2022. 5. Learned counsel for the petitioner submits that petitioner does not own any such properties as projected by the respondents and indeed he was a mechanic. Petitioner met with an accident recently and as of now he is not earning anything. Learned counsel submits that the petitioner is unable to pay any sum towards maintenance and therefore, the impugned order is liable to be set aside. - 5 - HC-KAR NC: 2026:KHC:4530 WP No. 2909 of 2023 6. Vehemently opposing the submission thus made, learned counsel for the respondents contends that the petitioner contacted three more marriages and all the ladies left him. Learned counsel further submits that petitioner being the father of the respondents is under obligation to maintain his children and therefore, the impugned order is valid in all aspects. 7. Contradicting the submission thus made by learned counsel for the respondents, learned counsel for the petitioner states that after dissolution of his marriage with the mother of respondents, petitioner married another woman and gave birth to two children and thereby he is under obligation to maintain his wife and those two children. 8. The Court in the impugned order observed that documents were produced which shows connection between the petitioner and Limo Cabs India Pvt. Ltd. However, no substantive proof whatsoever is produced by respondents in proof of their version that petitioner earns such exorbitant amount as contented by them. But, fact remains is that - 6 - HC-KAR NC: 2026:KHC:4530 WP No. 2909 of 2023 liability vests upon petitioner to look after the welfare of his children i.e., respondents herein. In case petitioner had no confidence that he can maintain his family members, he could not have contacted another marriage and gave birth to two more children. That apart, no proof is produced to show that petitioner met with an accident and thereby became disabled either permanently or partially to do work. Therefore, this Court is of the view that there are no grounds whatsoever to interfere with the findings given by the Court in the impugned order and the liability fixed upon petitioner to pay maintenance to respondents at the rate fixed by the Court, pending disposal of the main case. Therefore, ultimately this Court holds that the writ petition lacks merits. Resultantly, the writ petition stands dismissed. Sd/- (DR.CHILLAKUR SUMALATHA) JUDGE DS CT:VC List No.: 1 Sl No.: 16