- 1 - HC-KAR NC: 2026:KHC:1544 WP No. 14037 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA WRIT PETITION NO. 14037 OF 2023 (GM-FC) BETWEEN: 1. SMT. ROOPA K.N. W/O SRI. KIRAN KUMAR R, D/O NAGARAJU, AGED ABOUT 37 YEARS, OCCUPATION: HOUSE WIFE, R/AT NO.16, BETWEEN A.D.S. EXPORTS AND ROYAL HERITAGE APARTMENT, OLD MADRAS ROAD, SHAKTINAGAR, BENGALURU - 560 016. 2. MASTER SUHAS K S/O KIRAN KUMAR R AND SMT. ROOPA K.N, AGED ABOUT 14 YEARS, R/AT NO.16, BETWEEN A.D.S. EXPORTS AND ROYAL HERITAGE APARTMENT, OLD MADRAS ROAD, SHAKTINAGAR, BENGALURU - 560 016. (REPRESENTED BY HIS MOTHER Digitally signed by SOWMYA DODDAMARAIAH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:1544 WP No. 14037 of 2023 AND NATURAL GUARDIAN, SMT. ROOPA K.N) …PETITIONERS (BY SRI. HARIPRASAD M.B, ADVOCATE) AND: 1. KIRAN KUMAR R S/O SRI. RAJU, AGED ABOUT 30 YEARS, R/AT NO.16, BETWEEN A.D.S. EXPORTS AND ROYAL HERITAGE APARTMENT, OLD MADRAS ROAD, SHAKTINAGAR, BENGALURU - 560 016. …RESPONDENT (VIDE ORDER DATED 06.12.2024, NOTICE TO RESPONDENT IS HELD SUFFICIENT) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS CRL.MISC.NO.239 OF 2018 ON THE FILE OF THE HONBLE JUDGE, IV ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, AT BENGALURU AND ETC., 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:1544 WP No. 14037 of 2023 ORAL ORDER Heard Sri. Hariprasad M.B, learned counsel for the writ petitioners. Though notice was served upon the respondent, respondent did not choose to contest. 2. Seeking the Court to set aside the order passed by the Court IV Additional Principal Judge, Family Court, Bangalore on I.A No.II, in Crl.Misc.Case No.239/2018 dated 23.02.2023, the present writ petition is filed. 3. By the material that is brought on record it is clear that the first petitioner is the wife and the second petitioner is the son of the respondent herein. The petitioners filed a petition under Section 125 of Cr.P.C. against the respondent seeking maintenance. They also moved an interlocutory application vide I.A No.II seeking the Court to grant interim maintenance of Rs.15,000/- per month until final disposal of the case. The Court through the impugned order directed the respondent to pay petitioner No.2 a sum of Rs.4,000/- per month - 4 - HC-KAR NC: 2026:KHC:1544 WP No. 14037 of 2023 towards interim maintenance. The Court failed to pass any such order so far as petitioner No.1/wife is concerned. 4. Learned counsel for the petitioners submits that the first petitioner who is under obligation to look after the second petitioner is not doing any work and thereby she has no sources of income. Respondent filed a petition seeking a decree of dissolution of marriage and without proper service of notice upon the first petitioner, an ex-parte decree was passed. Learned counsel also states that respondent earns Rs.25,000/- per month. He further contends that only because the respondent remarried, the Court with an observation that he has to maintain his wife whom he married after decree of divorce and the child born through the said marriage, failed to award any sum as maintenance in favour of the first petitioner herein. Learned counsel thereby seeks to grant some amount towards maintenance of the first petitioner till the disposal of the main petition. - 5 - HC-KAR NC: 2026:KHC:1544 WP No. 14037 of 2023 5. Gone through the contents of the impugned order. No material in certainty was produced by the respondent to show when he married another woman and when said woman gave birth to a child. That a part, there is no averment with regard to the employment or occupation if any of that woman. Further respondent failed to produce any material to show that the first petitioner has got her independent sources of income so that she can maintain herself. Though it is contented that the respondent is earning Rs.25,000/- per month, there is an observation of the trial Court that the salary of the respondent for the month of December 2021 is Rs.18,194/-. Already Rs.4,000/- is granted towards interim maintenance in respect of petitioner No.2. Therefore, this Court is of the view that the respondent can be directed to pay a sum of Rs.3,000/- per month insofar as the first petitioner is concerned towards interim maintenance. Therefore, the writ petition is disposed of with the following:- - 6 - HC-KAR NC: 2026:KHC:1544 WP No. 14037 of 2023 ORDER i. The writ petition is allowed in part. ii. The impugned order is modified directing respondent to pay interim monthly maintenance of Rs.3,000/- to petitioner No.1 from the date of filing of I.A No.II. iii. Arrears of maintenance shall be deposited by the respondent within 4 months. iv. As the Criminal Miscellaneous Case is pending since 2018, the trial Court is directed to take steps for expeditious disposal of the matter preferably within a period of 3 months from the date of receipt of copy of this order. Sd/- (DR.CHILLAKUR SUMALATHA) JUDGE VS List No.: 1 Sl No.: 17