- 1 - HC-KAR NC: 2026:KHC:3473 WP No. 18431 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.18431 OF 2025 (GM-FC) BETWEEN: SRI JAYANTH S. BERI AGED ABOUT 45 YEARS S/O. LATE SRIDHAR R/AT NO.GF-3 SUMUKHA COMFORTS 7TH CROSS ROAD AGS LAYOUT, AREHALLI CHIKKAKALLASANDRA BENGALURU-560 061 …PETITIONER (BY SRI TUMBIGI PRABHUGOUDA BASAVANTARAYAGOUDA, ADVOCATE) AND: 1. SMT. SHOBH K. AGED ABOUT 38 YEARS W/O. JAYANTH S. BERI D/O. RAGHUNATH K. Digitally signed by SOWMYA DODDAMARAIAH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:3473 WP No. 18431 of 2025 2. MASTER BHUWAN J. CHANDRA AGED ABOUT 14 YEARS S/O. JAYANTH S. BERI BOTH ARE R/AT NO.S2 SHIVAGANGA SHRESHTA 7TH CROSS, POORNAPRAGNYA LAYOUT KODLIPURA BENGALURU-560 061 …RESPONDENTS (BY SRI HITESH GOWDA B. J., ADVOCATE FOR R1 AND R2) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 20.02.2024 PASSED ON I.A.NO.II IN CRL.MISC.NO.425/2020 PENDING ON THE FILE OF THE HON'BLE VI ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, BENGALURU, PRODUCED VIDE ANNX-A AND CONSEQUENTLY DISMISS THE I.A.II FILED THEREIN BY THE RESPONDENTS IN ITS ENTIRETY PRODUCED VIDE ANNX-C. 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:3473 WP No. 18431 of 2025 ORAL ORDER Heard Sri.Prabhugoud B Tumbigi learned counsel for the petitioner who appears before this Court physically. Also heard Sri.Hitesh Gowda.B.J learned counsel for respondents who appears through video conference. 2. Seeking the Court to issue a writ of certiorari and to quash the order that is rendered by the Court of VI Additional Principal Judge, Family Court, Bengaluru on I.A.No.II in Crl.Misc.No.425/2020 dated 20.02.2024 this writ petition is filed. 3. Arguing the matter, learned counsel for the petitioner submits that the first respondent is the wife and the second respondent is the son of the petitioner. Learned counsel states that respondents filed a case under Section 125 Cr.P.C. seeking maintenance from the petitioner herein and they also moved an interlocutory application i.e. I.A.No.II seeking interim maintenance. The Court rejected the claim of the first respondent but - 4 - HC-KAR NC: 2026:KHC:3473 WP No. 18431 of 2025 directed the petitioner to pay a sum of Rs.15,000/- per month for the maintenance of the second petitioner till he attains the age of majority. Learned counsel contends that the petitioner was working in a real estate company till 2020 and while he had earnings, he spent all his earnings for purchase of a house in which the respondents are now residing. The petitioner also took care of the educational expenses of the second respondent. As he lost his job, he has now got no sources of earnings and therefore, he is unable to pay the amount as ordered by the Court and therefore, the present writ petition is filed. 4. On the other hand, learned counsel for the respondents submits that a sum of Rs.15,000/- is required for the child to meet the educational expenses as well as the expenditure for his diet and nourishment and therefore, the writ petition is not maintainable. 5. As per the version of the petitioner herein, he has no sources of earnings. - 5 - HC-KAR NC: 2026:KHC:3473 WP No. 18431 of 2025 6. The Court at para 16 of the impugned order observed that the respondents herein did not produce any document regarding the income of the petitioner herein. Thus, without there being any proof of the income of the petitioner, directing him to pay huge sum of Rs.15,000/- per month to the second respondent towards maintenance appears to be unreasonable. However, the fact remains is that the petitioner has got every obligation to maintain his son. Therefore, this Court is of the view that in case the petitioner is directed to pay a sum of Rs.10,000/- per month to petitioner No.2 towards his maintenance till he attains the age of majority or till the disposal of the case, it would meet the ends of justice. Therefore, the writ petition is disposed of with the following: ORDER (i) The writ petition is allowed in part. (ii) The order that is rendered by the Court of VI Additional Principal Judge, Family Court, - 6 - HC-KAR NC: 2026:KHC:3473 WP No. 18431 of 2025 Bengaluru on IA No.II in Crl.Misc.No.425/2020 dated 20.02.2024 is modified. (iii) The petitioner/respondent is directed to pay second respondent/petitioner No.2 a sum of Rs.10,000/- per month towards maintenance from the date of filing of IA No.II till the disposal of the case or till he attains the age of majority, whichever is earlier. (iv) Permission is granted to second respondent who is being represented by first respondent to withdraw the amount in deposit. (v) Time for eight weeks is granted to the petitioner to pay the arrears. Sd/- (DR.CHILLAKUR SUMALATHA) JUDGE DS CT:VC List No.: 1 Sl No.: 58