- 1 - HC-KAR NC: 2026:KHC:3468 WP No. 16670 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JANUARY, 2026 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA WRIT PETITION NO. 16670 OF 2025 (GM-FC) BETWEEN: 1. SMT. LAKSHMI V W/O SRI SRINIVAS D/O VENKATASWAMY AGED ABOUT 36 YEARS 2. MASTER. CHINMAY S AGED ABOUT 15 YEARS S/O SRINIVASA C 3. MASTER NUTHAN S S/O SRI. SRINIVAS AGED ABOUT 11 YEARS PETITIONERS 2 AND 3 ARE BEING MINORS REPRESENTED BY PETITIONER NO.1 AS THEIR MOTHER AS A NATURAL GUARDIAN ALL ARE RESIDING AT NO.47, 3RD FLOOR, 5TH MAIN, HVR LAYOUT HOUSING BOARD, BENGALURU NORTH BENGALURU - 560 079 …PETITIONERS (BY SRI. VENKATESH SOMAREDDY, ADVOCATE FOR SRI. MUNIREDDY S, ADVOCATE) Digitally signed by SOWMYA DODDAMARAIAH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:3468 WP No. 16670 of 2025 AND: SRI. SRINIVAS C S/O LATE CINNASWAMY AGED 39 YEARS RESIDING AT 434, 1ST CROSS NEAR SOLLAPURADAMMA TEMPLE THIGALARAPALYA, BENGALURU - 560 058 …RESPONDENT (BY SRI. HEGDE S. RAMAKRISHNA, ADVOCATE) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 21.04.2025 PASSED ON IA NO. 2 IN CRL. MISC 830/2025 VIDE ANNEXURE -D PASSED BY THE COURT OF PRL. FAMILY JUDGE, FAMILY COURT AT BENGALURU AND CONSEQUENTLY ALLOW THE APPLICATION IA NO. 2 VIDE ANNEXURE-B AND GRANT INTERIM MAINTENANCE AS PRAYED IN THE APPLICATION. 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:3468 WP No. 16670 of 2025 ORAL ORDER Heard Sri. Venkatesh Somareddy who represents Sri. Munireddy.S learned counsel on record for the petitioners as well as Sri.S.Ramakrishna Hegde learned counsel for the respondent. Seeking a writ of certiorari and to quash the order that is rendered by the Court of Principal Judge, Family Court, Bangalore on I.A No.II in Crl.Misc.Case No.830/2023 dated 21.04.2025 the present writ petition is filed. 2. It is not in dispute that the first petitioner is the wife and petitioner Nos. 2 and 3 are the minor children of the respondent herein. The petitioners filed a petition under Section 125 of Cr.P.C. seeking maintenance. They also filed an interlocutor application i.e., I.A No.II seeking the Court to direct the respondent to pay them interim maintenance. The Court through the impugned order directed the respondent to pay petitioner Nos. 2 and 3 a sum of Rs.2,000/- each per month towards interim maintenance. The Court dismissed the petition so far as the first petitioner is concerned. 3. Arguing the matter, learned counsel for the petitioners submits that the Court without any valid reasons has dismissed - 4 - HC-KAR NC: 2026:KHC:3468 WP No. 16670 of 2025 the petition so far as petitioner No.1 is concerned and so far as petitioner Nos. 2 and 3 are concerned, granted very meagre sum towards interim maintenance. Learned counsel states that petitioner Nos.2 and 3 are school going children. The first petitioner has to incur huge expenses for their education, their food and nourishment. A sum of Rs.2,000/- is not sufficient. 4. On the other hand, learned counsel for respondent states that respondent has no means of earnings and considering the same, the Court rightly held that petitioner Nos. 2 and 3 are entitled not more than Rs.2,000/- each from the respondent as maintenance. So far as the claim of first petitioner is concerned, learned counsel submits that the first petitioner is leading adulteress life and perceiving the said fact, the Court rejected the application which was filed by her for grant of interim maintenance. 5. The plea taken by the respondent is that the first petitioner is leading adulteress life. At para 9 of the impugned order the Court held that a pen drive and some photographs were produced which reveals that the first petitioner is present with some other person, that they are standing in a public place - 5 - HC-KAR NC: 2026:KHC:3468 WP No. 16670 of 2025 and that the first petitioner is kissing the said person. Without expressing any definite opinion on the allegation levelled by the respondent regarding the adulteress life of the first petitioner, the Court held that interim relief cannot be granted in her favour. 6. As rightly observed by the trial Court only upon receiving all the cogent and convincing evidence, the Court can come to a conclusion with regard to the merits of the matter more particularly in respect to the alleged adulteress life of the first petitioner. However, as the respondent has taken a specific plea in that regard and produced prima facie material in support of his contention, this Court is of the view that the Court rightly held that no order of interim maintenance can be granted in her favour pending disposal of the main petition. A bare allegation is different from an allegation supported with certain proof. In the case on hand to establish his version, the respondent has produced certain prima facie material. Therefore, this Court does not find any grounds to interfere with the decision taken by the trial Court. - 6 - HC-KAR NC: 2026:KHC:3468 WP No. 16670 of 2025 7. So far as the interim maintenance granted in favour of petitioner Nos. 2 and 3 are concerned, as rightly contented by learned counsel for the petitioners a sum of Rs.2,000/- granted to each child will not be sufficient for them to maintain themselves and also to pursue their educational career. As per the version of the respondent, he is a taxi driver and he earns Rs.25,000/- per month. Thus, taking into consideration the financial status of the respondent, this Court is of the view that he should be directed to pay a sum of Rs.3000/- each to petitioner Nos.2 and 3 pending disposal of the main petition. Thus, the writ petition is disposed of with the following:- ORDER i. The writ petition so far as the 1st petitioner is concerned stands dismissed. ii. So far as petitioner Nos. 2 and 3 are concerned the writ petition is allowed in part, directing the respondent to pay them a sum of Rs.3,000/- each per month from the date of the application i.e., date of filing of I.A No.II till the disposal of the main case or till they attain the - 7 - HC-KAR NC: 2026:KHC:3468 WP No. 16670 of 2025 age of majority whichever is earlier, in addition to their educational expenses. Sd/- (DR.CHILLAKUR SUMALATHA) JUDGE VS List No.: 1 Sl No.: 56