- 1 - HC-KAR NC: 2026:KHC:4000 WP No. 14022 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JANUARY, 2026 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA WRIT PETITION NO.14022 OF 2023 (GM-FC) BETWEEN: SRI VIJAY KUMAR S. S/O. SIDDAMALLAPPA AGED ABOUT 40 YEARS R/A NO.9, 3RD MAIN SRINIVASANAGARA BANASHANKARI I STAGE BENGALURU-560 050 …PETITIONER (BY SRI S. P. RAMESHA, ADVOCATE) AND: SMT. SUDHA W/O. VIJAY KUMAR S. AGED ABOUT 35 YEARS R/AT HALLAGAPURA VILLAGE Digitally signed by SOWMYA DODDAMARAIAH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:4000 WP No. 14022 of 2023 BANDAHALLI POST HANUR HOBLI, KOLLEGALA TALUK CHAMARAJANAGAR DISTRICT …RESPONDENT (BY SRI MANJUNATHA M., ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 25/08/2022 PASSED BY THE 1ST ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, BENGALURU ON I.A.NO.III AND IV FILED UNDER SECTION 24 OF HINDU MARRIAGE ACT IN M.C.NO.1300/2015 AT ANNEXURE-F TO THE WRIT PETITION. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA - 3 - HC-KAR NC: 2026:KHC:4000 WP No. 14022 of 2023 ORAL ORDER Heard Sri.S.P. Ramesha, learned counsel for the petitioner as well as Sri.Manjunatha M., learned counsel for respondent. 2. Seeking the Court to issue a writ in the nature of certiorari or any other appropriate writ and to quash the order that is rendered by the Court of I Additional Principal Judge, Family Court, Bangalore on IA Nos.III and IV in MC No.1300/2015 dated 25.08.2022, the present writ petition is filed. 3. On hearing both the learned counsel and upon perusal of the relevant material that is brought on record, it is clear that the petitioner herein is the husband of the respondent. The petitioner filed a petition seeking a decree of dissolution of marriage. In the said case, respondent filed two interlocutory applications i.e. IA.III seeking the Court to direct petitioner to pay a sum of ₹1,00,000/- towards legal and travel expenses and another petition i.e. - 4 - HC-KAR NC: 2026:KHC:4000 WP No. 14022 of 2023 IA No.IV seeking the Court to direct him to pay a sum of ₹30,000/- per month towards interim maintenance. 4. It is not in dispute that the parties to the proceedings gave birth to a child and the said child, who is aged around 12 years is in the custody of his mother i.e. respondent herein. 5. The Tribunal through the impugned order directed the petitioner herein to pay interim maintenance of ₹15,000/- per month to the respondent herein and also to pay a sum of ₹10,000/- per month for the maintenance of their son. 6. Arguing the matter, learned counsel for the petitioner contends that the petitioner is a driver by profession and he earns not more than ₹10,000/- per month. Learned counsel submits that with his earnings he has to look after himself and there will be nothing left to pay anything to his wife and child and therefore the impugned order is liable to be set aside. - 5 - HC-KAR NC: 2026:KHC:4000 WP No. 14022 of 2023 7. On the other hand land counsel who represents the respondent submits that the petitioner is earning huge sum both as driver and by doing real estate business. The sum granted by the Tribunal towards maintenance is highly justifiable and therefore this writ petition is not maintainable. 8. The Family Court disbelieved the statement of the petitioner herein that he earns ₹8,000/- only per month on the ground that as per his own version, he pays EMI of ₹20,000/- per month, the Court also observed that the petitioner obtained credit facility from ICIC Bank to a tune of ₹2,00,000/- on one occasion and ₹2,00,000/- on the other occasion. However, one fact which is clear is that neither the respondent produced any substantive proof with regard to the earnings of the petitioner nor the petitioner produced any proof with regard to his actual earnings and liabilities if any. However, there is no material on record to show that the respondent has got her own source of earnings. Also liability vests upon the - 6 - HC-KAR NC: 2026:KHC:4000 WP No. 14022 of 2023 petitioner to maintain his child. At the same time, this Court is of the view that the amount awarded towards interim maintenance is exorbitant in the light of the fact that there is no substantive proof with regard to the earnings of the petitioner, that too to the extent as contended by the respondent. Therefore, this Court is of the view that it would be justified if the petitioner herein is directed to pay interim maintenance of ₹5,000/- per month each to the respondent and to the child till the disposal of the main case or until the child attains the age of majority, so far as the amount granted to him towards interim maintenance is concerned. 9. Resultantly, the writ petition is disposed of with the following ORDER i) The common order that is rendered by the Court of I Additional Principal Judge, Family Court, Bangalore, on IA No.III and IA No.IV in MC No.1300/2015 dated 25.08.2022 is modified. - 7 - HC-KAR NC: 2026:KHC:4000 WP No. 14022 of 2023 ii) Petitioner herein is directed to pay a sum of ₹5,000/- per month towards interim maintenance to the respondent from the date of filing of the application for grant of interim maintenance till the disposal of the MC. iii) The petitioner is also directed to pay sum of ₹5,000/- per month towards interim maintenance to his son from the date of application for grant of interim maintenance till the disposal of the MC or till the said boy attains the age of majority, whichever is earlier. iv) All arrears to be paid within a period of two months. Sd/- (DR.CHILLAKUR SUMALATHA) JUDGE AP, List No.: 1 Sl No.: 29