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2026 DAILYLAW 46965 (KAR)

SMT. LAKSHMI SREERAM v. SRI SREEMA HARIHARA IYER

WP/6709/2025 · 2026-01-22

Chillakur Sumalatha

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Judgment text

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- 1 - HC-KAR NC: 2026:KHC:3718 WP No. 6709 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JANUARY, 2026 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA WRIT PETITION NO.6709 OF 2025 (GM-FC) BETWEEN: SMT. LAKSHMI SREERAM W/O. SREERAM HARIHARA IYER AGED ABOUT 46 YEARS R/AT E-105, BREN CELESTIA KAIKONDRAHALLI SARJAPUR ROAD BENGALURU-560 035 …PETITIONER (BY SRI C. V. SRINIVASA ,ADVOCATE) AND: SRI SREERAM HARIHARA IYER S/O. HARIHARA IYER R. AGED ABOUT 48 YEARS CURRENTLY RESIDING AT 33 BALES STREET, MONT WAVERLY VICTORIA-3149 AUSTRALIA Digitally signed by SOWMYA DODDAMARAIAH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:3718 WP No. 6709 of 2025 PERMANENT ADDRESS TC 72/143, TRSRA 190 SREEVARAHAM LANE, TRIVANDRUM KERALA-695 009 …RESPONDENT (BY SMT. ANITA ABRAHAM, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI TO ENHANCE THE INTERIM MAINTENANCE AWARDED VIDE ORDER DATED 21.12.2023 PASSED BY HON'BLE III ADDL. PRINCIPAL JUDGE, FAMILY COURT, BENGALURU IN I.A. NO.5 OF M.C.NO.3277/2022 PREFERRED BY PETITIONER HEREIN UNDER SECTION 24 OF HINDU MARRIAGE ACT, 1955, PRODUCED VIDE ANNX-A AND ETC. THIS PETITION, COMING ON FOR PART HEARD IN B-GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA - 3 - HC-KAR NC: 2026:KHC:3718 WP No. 6709 of 2025 ORAL ORDER Heard Sri.C.V.Srinivasa learned counsel for the petitioner as well as Ms.Anita Abraham learned counsel for the respondent. 2. Being aggrieved by the order that is rendered by the Court of III Additional Principal Judge Family Court, Bengaluru on IA No.V in MC No.3277/2022 dated 21.12.2023 this writ petition is filed. 3. The relief sought for is to enhance the sum that is awarded as interim maintenance through the impugned order. As the status of the parties is not in dispute, the petitioner will hereinafter be referred to as wife and the respondent as husband. The undisputed facts of the case are that the lawful wedlock between the parties resulted in birth of a child by name Master Adarsh Sreeram, who is aged about 15 years as on the date of filing of the application. - 4 - HC-KAR NC: 2026:KHC:3718 WP No. 6709 of 2025 4. The version of the wife is that they lived happily for considerable period both at India and Australia after the marriage. But subsequently, due to the attitude of her husband, she is forced to live in India taking care of the child. On the other hand, the version of the husband is that his wife voluntarily deserted him and caused much emotional and mental stress. She did not allow him to see the child and further kept entire documents relating to his property and the keys owned by him in her custody. Wife filed an interlocutory application i.e., IA No.V seeking maintenance of Rs.2,00,000/- for her sustenance as well as for the sustenance of their child. The Tribunal through the impugned order held that the husband is liable to pay a sum of Rs.30,000/- per month for the maintenance of his wife as well as for the child during the pendency of proceedings. 5. Arguing the matter, learned counsel who represents the wife submits that the wife is under obligation to look after the welfare of their child. Learned - 5 - HC-KAR NC: 2026:KHC:3718 WP No. 6709 of 2025 counsel states that wife is a B.com graduate and she has no independent source of income. On the other hand, husband is gainfully employed at Australia, has bought a car, a house and is living lavishly. Wife is paying a sum of Rs.41,000/- towards rent and she has to meet the required expenditure to maintain herself and the child apart from incurring travelling expenses for the child to go to school as well as to tuition and that apart, she is incurring huge sum for payment of fee etc. Learned counsel states that the wife therefore requires a sum of Rs.2,00,000/- per month. Learned counsel states that wife and children are entitled to live in the same standard of life as that of the husband and thus, to maintain the same status, she requires the amount claimed. On this regard learned counsel relied upon the decision of the Hon'ble Apex Court in the case between Dr.Rajiv Verghese and Rose Chakkrammankkil Francis in SLP(C) No.4109/2023. 6. Contradicting the submission thus made, learned counsel who represents the husband contends that - 6 - HC-KAR NC: 2026:KHC:3718 WP No. 6709 of 2025 the husband was willing to attend each and every requirement of his wife and child. But due to the attitude of his wife, he lost all the hope. Learned counsel also states that till recently husband was sending amount for the welfare of his child and also his wife. But as the wife started litigation and as she even refused to show the child to him, he could not do any favour whatsoever to them. Learned counsel also states that though the wife projects that the husband is earning huge sum by working in Australia but he was on probation for 6 months and later his job got confirmed. 7. On a query posed by this Court regarding the income of the husband as of now in Indian currency, learned counsel who represents the husband states that he is earning around Rs.4,50,000/- per month. Learned counsel also states that the cost of living is more in Australia and for his sustenance that is for payment of house rent and for his day to day necessities, he is incurring a sum of Rs.3,60,000/-. - 7 - HC-KAR NC: 2026:KHC:3718 WP No. 6709 of 2025 8. The version of the wife is that the husband is earning Rs.10,00,000/- per month. On the other hand, the contention of the husband is that he is earning around Rs.4,50,000/- per month. Even if it is taken that the husband earns Rs.4,50,000/- per month, it can be safely held that he will be in a position to pay more than Rs.30,000/- per month to his wife and child. The Court through the impugned order apart from granting Rs.30,000/- per month towards maintenance of his wife and child, ordered the husband to meet the entire educational expenses of the child during the pendency of the proceedings. 9. Having taken into consideration the financial status of the husband, the requirements that are projected by the wife which includes the house rent she is liable to pay and the sum required for attending day to day necessities, this Court is of the view that the husband can be directed to pay his wife and child a sum of Rs.45,000/- - 8 - HC-KAR NC: 2026:KHC:3718 WP No. 6709 of 2025 per month. Therefore, the writ petition is disposed of with the following: ORDER (i) The order rendered by the Court of III Addititonal Principal Judge, Family Court, Bengaluru on IA No.V in MC No.3277/2022 dated 21.12.2023 is modified. (ii) The amount which the respondent/husband was directed to pay through the impugned order for the maintenance of the petitioner/wife and the child during the pendency of the proceedings is enhanced from Rs.30,000/- to Rs.45,000/-. (iii) So far as order relating educational expenses is concerned, no interference is required. Sd/- (DR.CHILLAKUR SUMALATHA) JUDGE DS CT:VC List No.: 1 Sl No.: 24