- 1 - HC-KAR NC: 2026:KHC:5609 WP No. 19418 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JANUARY, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 19418 OF 2024 (GM-FC) BETWEEN: SRI.MADHUSUDAN PUJARI S/O LATE BOGRA POOJARI AGED ABOUT 52 YEARS R/AT BALLEMANE, HEBRI TALUK, HEBRI HOBLI, UDUPI - 576 112 …PETITIONER (BY SMT.UMERA KHAN, ADVOCATE FOR SRI. HEGDE VEENA SRIKANT, ADVOCATE) AND: SMT.VEENA W/O MADHUSUDAN POOJARI, D/O JANARDHANA SUVARNA AGED ABOUT 46 YEARS R/AT NO 454/1, 10TH MAIN ROAD, 7TH CROSS, NEAR GOOD YEAR SCHOOL, Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:5609 WP No. 19418 of 2024 HENNUR MARUTHI LAYOUT, KALYANANAGAR POST BENGALURU – 560 043 …RESPONDENT (BY SRI. GAURAV SUBRAMANYAM, ADVOCATE) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASHING THE IMPUGNED ORDER VIDE ANNEXURE A DATED 19-02-2024 PASSED BY THE HONBLE PRINCIPAL 4TH ADDL. FAMILY JUDGE COURT, AT BANGALORE ON IA NO.5 U/S 24 OF HINDU MARRIAGE ACT IN M.C.4602/2022 BY SETTING ASIDE THE ORDER GRANTING MAINTENANCE OF RS.12,000/- PER MONTH. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI - 3 - HC-KAR NC: 2026:KHC:5609 WP No. 19418 of 2024 ORAL ORDER Aggrieved by the order passed in I.A.No.5 in M.C.No.4602/2022 dated 19.02.2024 by the IV Addl. Principal Judge, Family Court, Bengaluru, the husband is before this Court. 2. The parties are referred to as husband and wife for the sake of convenience. 3. It is the case that the husband had filed M.C.No.4602/2022 seeking divorce. In that, IA.No.5 is filed by the wife under Section 24 of the Hindu Marriage Act seeking interim maintenance of an amount of Rs.50,000/- per month to her and to her son and also litigation expenses of an amount of Rs.30,000/-. The marriage between the parties had taken place on 31.12.1997. The wife had filed M.C.No.1097/2018 seeking restitution of conjugal rights and the same came to be decreed on 18.01.2023, but the husband had not joined the wife and he had filed a petition seeking divorce. It is the case of the wife that she is not in a position to maintain herself. The husband is working and is having enough resources, in spite of that he has failed to maintain the wife. The Family Court had considered - 4 - HC-KAR NC: 2026:KHC:5609 WP No. 19418 of 2024 the bank statement and also the fact that there is a regular inflow of money of an amount of Rs.25,000/- from SRNOME Pvt. Ltd. every month and there is an amount of Rs.61,600/- transferred from one Sachin Kumar and the husband has not produced any details with regard to these transactions. The Family Court had observed that there is constant transfer of fund of an amount of Rs.25,500/- every month and that has to be taken as income of the husband. His bank balance in Canara Bank till August 2023 was Rs.2,03,606.95/-. If it is only agricultural income of Rs.5,000/- after spending for the medical expenses and other expenses of his dependent mother, this amount of deposit which every month the husband receives is not explained. It is stated that he has sold the property, but he has not produced any document, hence an adverse inference has to be drawn with regard to the income of the husband. The husband had stated that the wife is running a fancy store, but no document is produced in that regard. The Family Court had observed that the wife had stated that she was doing tailoring work in the ground floor of the cloth shop of the husband earlier. The Family Court had also observed that she can continue the same profession through which she was deriving - 5 - HC-KAR NC: 2026:KHC:5609 WP No. 19418 of 2024 income, but she cannot remain idle merely for the reason that her husband had not taken her back in spite of the decree. The Family Court had further observed that if not the wife, the husband has a responsibility to take care of the child. Considering all these aspects, the Family Court had granted maintenance of an amount of Rs.12,000/- per month and an amount of Rs.15,000/- towards litigation expenses. 4. Learned counsel appearing for the petitioner/ husband submits that though there is no material on record with regard to the exact income of the husband, in spite of that, the Family Court had granted maintenance of an amount of Rs.12,000/- per month. It is submitted that the wife is doing tailoring work and having sufficient income which was not considered by the Family Court. It is further submitted that the wife who is having the income is not entitled for maintenance. It is further submitted that the amount of maintenance that is granted by the Family Court is on the higher side and the same needs to be set aside. 5. Learned counsel appearing for the respondent/wife submits that though decree of restitution was passed the - 6 - HC-KAR NC: 2026:KHC:5609 WP No. 19418 of 2024 husband had not taken the wife back. It is submitted that the wife is not having any source of income and there is nothing on record to show that she is having any income much less sufficient income. It is further submitted that it is the duty of the husband to take care of the wife and child when they are not in a position to take care of themselves, the Family Court had rightly granted the maintenance basing on the evidence to show that there is regular inflow of specified amount in the account of the husband and there are no grounds to interfere with the well considered order passed by the Family Court. 6. Having heard the learned counsels on either side, perused the material on record. Though it is the case of the husband that he is not having any specific income, the Family Court had considered the statement of the bank account that is placed before the Court which shows there is a constant flow of regular income in his account for which the husband could not state from where that amount is coming to the said account. Considering the said aspect and also he has a responsibility to take care of the child, the Family Court had granted maintenance of an amount of Rs.12,000/- per month. Further, - 7 - HC-KAR NC: 2026:KHC:5609 WP No. 19418 of 2024 the child is aged about 16 years and the wife is unemployed. Considering the educational expenses and the other maintenance, an amount of Rs.12,000/- per month that is granted towards maintenance and Rs.15,000/- towards the litigation expenses is a reasonable amount and this Court do not find any reasons to interfere with the well considered order passed by the Family Court. Hence, this Court is passing the following: ORDER i. Accordingly, the writ petition is dismissed. ii. All I.As., in the writ petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE BN List No.: 1 Sl No.: 2