- 1 - HC-KAR NC: 2026:KHC:6228 WP No. 17595 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA WRIT PETITION NO. 17595 OF 2024 (GM-FC) BETWEEN: SMT. ROOPASHREE K W/O K.P. PRASHANTH, C/O SURESH, AGED ABOUT 45 YEARS, R/AT SALEKOPPALLU, HALEYUR POST, CHUNCHUNAKATTE HOBLI, K.R. NAGARA TALUK, MYSURU DISTRICT-571 602. …PETITIONER (BY SRI. REVANASIDDAPPA H.K., ADVOCATE) AND: SRI. K.P. PRASHANTH S/O. SRI. PUTTASIDDASHETTY, AGED ABOUT 49 YEARS, R/AT NO.47, M BLOCK, ADI CHUNCHANAGIRI ROAD, NEAR BUS STAND, KUVEMPUNAGAR, MYSURU-570 023. …RESPONDENT (BY SRI. MILASH ARROL NORONHA, ADVOCATE FOR SRI. PANEESH KUMAR B., ADVOCATE) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO MODIFY THE ORDER ON IA NO.IV DATED 02.03.2023, PASSED BY THE HON'BLE III Digitally signed by MARKONAHALLI RAMU PRIYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:6228 WP No. 17595 of 2024 ADDL.PRL.JUDGE, FAMILY COURT AT MYSURU IN M.C. NO.62/2022 AS (ANNEXURE-E) AND ENHANCE THE INTERIM MAINTENANCE. 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 ORAL ORDER Heard Sri. Revanasiddappa H.K., learned counsel for the petitioner as well as Sri. Milash Arrol Noronha, learned counsel who represents Sri. Paneesh Kumar B, learned counsel on record for the respondent. 2. Seeking the Court to issue an appropriate writ and to modify the order that is rendered by the Court of III Additional Principal Judge, Family Court, Mysuru on I.A.No.IV in M.C.No.62/2022 dated 02.03.2023 this writ petition is filed. 3. Writ petitioner, being the wife of respondent, in the proceedings that were pending before the Court of III Additional Principal Judge, Family Court, Mysuru, filed an interlocutory application under Section 24 of the Hindu Marriage Act seeking interim maintenance. The Court through the impugned order directed respondent to pay petitioner a - 3 - HC-KAR NC: 2026:KHC:6228 WP No. 17595 of 2024 sum of Rs.6,000/- per month as interim maintenance, apart from Rs.10,000/- towards costs of litigation. The version of petitioner is that the said sum is on lower side. 4. Making his submission with regard to the merits of the matter, learned counsel for the petitioner submits that respondent is having huge property both movable and immovable. Apart from that he is running a school by name 'SMS School' which is located at Vivekananda Nagar, Mysuru. He is a rice merchant and owns a rice mill. He thereby derives a sum of Rs.3,00,000/- to Rs.4,00,000/- per month through all sources. Thus he has got sufficient means to maintain petitioner. On the other hand, petitioner has no sources of earnings and she is unable to maintain herself. Therefore, the Court may direct respondent to pay at least a sum of Rs.10,000/- to petitioner per month towards interim maintenance. 5. On the other hand, learned counsel for respondent states that the parties fell in love with each other and got married against the wish of the elders. After they gave birth to a child, elders of respondent allowed them to their house and - 4 - HC-KAR NC: 2026:KHC:6228 WP No. 17595 of 2024 thereafter they looked after petitioner very well. However, petitioner could not adjust and started raising trouble in the family. Ultimately the marital relationship broke and both are residing separately. Respondent took care to meet all the needs of the child, though he was not residing with petitioner. He purchased a two wheeler to his child and a car to petitioner. Respondent intended to purchase a property for which he took loan of Rs.25,00,000/- from his family members. However as the sale transaction failed, he returned the said amount. Respondent is a rice broker and he earns not more than Rs.25,000/- per month. Though petitioner alleged that respondent is in possession of vast extent of lands and other property, no proof was produced to that effect before the Family Court. Family Court taking into consideration the facts and circumstances of the case directed respondent to pay petitioner a sum of Rs.6,000/- per month as interim maintenance and respondent is paying the same. Thus, this writ petition is not maintainable. 6. Having gone through the pleadings of the parties and the statement of assets and liabilities filed by both sides, this Court is of the view that respondent is not as poor as - 5 - HC-KAR NC: 2026:KHC:6228 WP No. 17595 of 2024 projected by learned counsel for the respondent before this Court. As per his own version, respondent raised funds to an extent of Rs.25,00,000/- over a period of time to meet different necessities including purchase of a site regarding which he entered into an agreement of sale too. No material whatsoever is on record to show that the petitioner has got her own source of earnings and that she is earning anything. Hence taking into consideration the totality of facts and circumstances of the case, this Court is of the view that it would be wholly justifiable if respondent is ordered to pay petitioner a sum of Rs.8,000/- per month towards interim maintenance instead of Rs.6,000/- as ordered by the Family Court. 7. Therefore the writ petition is disposed of with the following: ORDER (i) The order that is rendered by the Court of III Additional Principal Judge, Family Court, Mysuru on I.A.IV in M.C. No. 62/2022 dated 02.03.2023 is modified. - 6 - HC-KAR NC: 2026:KHC:6228 WP No. 17595 of 2024 (ii) Respondent herein is directed to pay petitioner a sum of Rs.8,000/- per month towards interim maintenance from the date of application till disposal of the case or until further orders by the Family Court, Mysuru. (iii) The writ petition is accordingly disposed of. Sd/- (DR.CHILLAKUR SUMALATHA) JUDGE HJ List No.: 1 Sl No.: 22