- 1 - HC-KAR NC: 2026:KHC:954 WP No. 4180 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA WRIT PETITION NO.4180 OF 2023 (GM-FC) BETWEEN: 1. MRS. PRIYANKA ROY, W/O TANMAY ROY, AGED ABOUT 48 YEARS 2. MASTER TAHAGATA ROY S/O TANMAY ROY AGED ABOUT 16 YEARS REP BY NATURAL GUARDIAN AND MOTHER: SMT. PRIYANKA ROY, BOTH ARE R/AT: NO 1310, PRATHAM CASA SERENA, S M ROAD, T DASARAHALLI, BENGALURU - 560076. …PETITIONERS (BY SRI. MASKOOR HASHMI M.D., ADVOCATE FOR SMT. SHAHIDA KHANAM J.,ADVOCATE) Digitally signed by SOWMYA DODDAMARAIAH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:954 WP No. 4180 of 2023 AND: MR TANMAY ROY, S/O LATE CHINMOY ROY, AGED ABOUT 50 YEARS, R/AT NO G-111 PREMIER GRIHALAXMI APT, S M ROAD, JALAHALLI WEST, BENGALURU - 560015. AND ALSO R/AT: ROMAS ELECTRIC PVT LTD., NO PLOT NO 29-30, SURVEY NO 158, JHANVI INDUSTRIAL LAYOUT, HANCHIPURA VILLAGE, NELAMANGALA TALUK, BENGALURU - 562123 …RESPONDENT (BY SRI. K R PARASHURAM, ADVOCATE (VC)) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET-ASIDE THE IMPUGNED ORDER PASSED BY THE VI ADDL.FAMILY JUDGE AT BENGALURU IN CRL.MISC NO.158/2021 IN I.A.NO. II DATED 09/12/2021 UNDER THE ORIGINAL OF ANNEXURE-F. THIS PETITION, COMING ON FOR PRELIMINARY HEARING B-GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA - 3 - HC-KAR NC: 2026:KHC:954 WP No. 4180 of 2023 ORAL ORDER Heard Sri.Maskoor Hashmi.M.D who appears physically before this Court and represents Smt.Shahida Khanam.J, learned counsel on record for the writ petitioners. Also heard Sri.K.R.Parashuram learned counsel for the respondent who appears through video conference. 2. The interlocutory application that was disposed of by the Court of VI Additional Principal Judge, Family Court, Bangalore i.e., I.A.No.II in C.Misc.No.158/2021 dated 09.12.2022 resulted in filing of the present writ petition. 3. First petitioner is the wife and the second petitioner is the minor son of the respondent. Petitioners filed a case under Section 125 of Cr.P.C. seeking maintenance from the respondent. In the said case they moved an interlocutory application seeking the Court to grant interim maintenance pendente lite. The Court through the impugned order directed the respondent to - 4 - HC-KAR NC: 2026:KHC:954 WP No. 4180 of 2023 pay interim maintenance of ₹10,000/- per month to the first petitioner and ₹20,000/- per month to the second petitioner pendente lite from the date of filing of the said interlocutory application. Contending that the amount granted is grossly low, the present writ petition is filed. 4. Learned counsel for the petitioners submits that the respondent holds 90% shares in a private limited company and the remaining 10% shares are held by his mother. By maintaining the said company, he is earning a huge sum. Also the respondent is getting rental income which runs to lakhs of rupees. For the sustenance of first petitioner she require minimum sum of ₹1,00,000/- per month. Likewise, the second petitioner, who is pursuing his B.Tech, requires substantial amount for his education and maintenance. The respondent, to evade his liability, gave false declaration in his statement of assets and liabilities. Without considering the necessities and day-to- day requirements of the petitioners, the Court granted very meager sum as interim maintainance. Learned - 5 - HC-KAR NC: 2026:KHC:954 WP No. 4180 of 2023 counsel thereby seeks to allow the writ petition awarding interim maintenance of ₹80,000/- per month in favour of the first petitioner and ₹3,10,000/- per annum in favour of the second petitioner pendente lite. 5. Objecting seriously the submission that is made by learned counsel for the petitioners, learned counsel for the respondent states that the first petitioner is gainfully employed and she filed her statement of assets and liabilities, wherein there is a clear mention that she is getting salary of ₹75,000/- per month. Learned counsel contends that the said amount is sufficient for the first petitioner to maintain herself. However, the Court granted a sum of ₹10,000/- per month towards interim maintenance in her favour. 6. During the course of submission, learned counsel for the petitioners contended that the first petitioner is burdened to pay huge sum to the educational institution where the second petitioner is studying and the - 6 - HC-KAR NC: 2026:KHC:954 WP No. 4180 of 2023 first petitioner is unable to pay the same. Learned counsel for the respondent states that the first petitioner is not furnishing the necessary particulars and in case necessary particulars are furnished, respondent will pay the entire fee for the education of the second petitioner. 7. Learned counsel for the petitioners admitted that the first petitioner filed her statement of assets and liabilities showing her monthly income as ₹75,000/- per month. However, he contends that the said amount is not sufficient for her to maintain herself. The Court through the impugned order granted a sum of ₹10,000/- per month in favour of the first petitioner towards interim maintenance. Through the amount she is earning i.e., ₹75,000/- and the sum which the respondent was ordered to pay as interim maintenance i.e., ₹10,000/-, this Court is of the view that the first petitioner can maintain herself in a decent manner. Taking into consideration the financial status of the respondent this Court is of the view that the respondent has got sufficient means to pay a sum of - 7 - HC-KAR NC: 2026:KHC:954 WP No. 4180 of 2023 ₹35,000/- per month towards maintenance of the second petitioner pendente lite. Indeed, learned counsel for the respondent during the course of arguments submitted that the respondent will not object to pay an amount of ₹35,000/- per month towards the maintenance of the second petitioner if ordered by this Court. Therefore, the writ petition is disposed of with the following: ORDER (i) Interim maintenance granted in favour of second petitioner by the court of VI Additional Principal Judge, Family Court, Bangalore through orders on I.A.No.II in C.Misc.No.158/2021 dated 09.12.2022 is enhanced from ₹20,000/- to ₹35,000/- payable from the date of filing of I.A.No.II till the disposal of the case or till he attains the age of majority whichever is earlier. (ii) Respondent to pay the educational expenses of the second petitioner pendente lite and credit the same to the account of the Institution where the second petitioner is studying on the - 8 - HC-KAR NC: 2026:KHC:954 WP No. 4180 of 2023 petitioners providing particulars of payment to the respondent in time. Sd/- (DR.CHILLAKUR SUMALATHA) JUDGE DS CT:TSM List No.: 1 Sl No.: 77