Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:5316 WP No. 5136 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA WRIT PETITION NO. 5136 OF 2025 (GM-FC) BETWEEN:
MR. SRINIDHI S S/O. SRINIVASA. V, AGED ABOUT 37 YEARS, RESIDING AT NO. 18, BASAVESHWARA TEMPLE ROAD, DODDAMARAGODANA HALLI, MYSORE - 570 026. …PETITIONER (BY SRI. RAMU V, ADVOCATE FOR SRI. SUNIL S NARAYAN, ADVOCATE) AND:
MRS. POOJA M.D, W/O. SRINIDHI. S, AGED ABOUT 26 YEARS, RESIDING AT NO. 2610, Digitally signed by SOWMYA DODDAMARAIAH Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:5316 WP No. 5136 of 2025 4TH CROSS, K.G. KOPPAL, MYSORE - 570 009. …RESPONDENT (BY SRI. M.G. NAVEEN KUMAR, ADVOCATE FOR SRI. K SHASHIKANTH PRASAD, ADVOCATE)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH/SET ASIDE THE ORDER DATED- 07/12/2024 ON IA.NO.2 PASSED IN MC.NO.524/2024 ON THE FILE OF THE PRINCIPAL JUDGE, FAMILY COURT, MYSORE, AT ANNEXURE-E AND ETC.,
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
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HC-KAR NC: 2026:KHC:5316 WP No. 5136 of 2025 ORAL ORDER Heard Sri. Ramu.V who represents Sri.Sunil S Narayan learned counsel for the petitioner as well as Sri.Naveen Kumar M.G who represents Sri.K.Shashikanth Prasad learned counsel on record for the respondent. 2. Seeking the Court to issue a writ of certiorari or other appropriate writ and to quash the order that is rendered by the Court of Principal Judge, Family Court, Mysore on I.A No.II in M.C.No.524/2024 dated 07.12.2024 this writ petition is filed. 3. The relationship between the parties is not in dispute and thus it is clear that the petitioner herein is the husband of the respondent. 4. Respondent herein filed a petition under Section 13(1)(ia) of the Hindu Marriage Act seeking a decree of divorce. She also moved an interlocutory application i.e. I.A No. II seeking the Court to grant interim maintenance and litigation expenses. - 4 -
HC-KAR NC: 2026:KHC:5316 WP No. 5136 of 2025
5. The Court through the impugned order directed the petitioner herein to pay a sum of Rs.10,000/- per month to respondent herein as interim maintenance. 6. Learned counsel for the petitioner states that the petitioner has no source of earning and on the other hand respondent has got her own source of earning. Learned counsel submits that the amount ordered to be paid as interim maintenance is exorbitant. 7. Per contra, learned counsel for the respondent submits that even if the respondent resides with the petitioner, petitioner is bound to maintain her and furthermore the sum awarded towards interim maintenance is justifiable. 8. As per the version of respondent, petitioner works as DTH Service Operator and earns Rs.1,00,000/- per month. The version of the petitioner herein is that his wife i.e. the respondent herein is a partner in a business run by her family members and through the juice shop they run
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HC-KAR NC: 2026:KHC:5316 WP No. 5136 of 2025 and also she by doing tailoring work has got independent source of income. Admittedly both parties failed to produce any proof in support of their contentions. Making an observation that the petitioner herein is an able bodied person capable of earning and he is under legal and moral obligation to maintain his wife and son, the Court directed the petitioner to pay a sum of Rs.10,000/- towards interim maintenance.
However considering the fact that there is absence of proof with regard to the earnings of the petitioner herein and to meet the ends of justice, this Court is of the view that the impugned order is required to be modified directing the petitioner herein to pay interim maintenance of Rs.8,000/- per month till the disposal of the main petition. 9. Thus the writ petition is disposed of with the following:-
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HC-KAR NC: 2026:KHC:5316 WP No. 5136 of 2025
ORDER i. The order rendered by the Court of Principal Judge, Family Court, Mysore on I.A No.II in M.C No.524/2024 dated 07.12.2024 is modified. ii. Petitioner is directed to pay a sum of Rs.8,000/- per month to the respondent towards interim maintenance from the date of application till the final disposal of the main petition. Sd/- (DR.CHILLAKUR SUMALATHA) JUDGE VS List No.: 1 Sl No.: 21