Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:3731 WP No. 20826 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JANUARY, 2026 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA WRIT PETITION NO.20826 OF 2025 (GM-FC)
BETWEEN:
SANTHOSH R.
S/O. RAJU AGED ABOUT 39 YEARS R/AT NO.807, 4TH MAIN 2ND CROSS, NGOS COLONY NEAR SHANKARNAG BUS STAND KAMALANAGAR BENGALURU-560 079 …PETITIONER (BY SRI CHANDRASHEKAR, ADVOCATE) AND:
SMT. SHANTHI W/O. SANTHOSH D/O. KRISHNAPPA AGED ABOUT 37 YEARS R/AT NO.84, 2ND FLOOR 1ST HOUSE, 4TH CROSS
Digitally signed by SOWMYA DODDAMARAIAH Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:3731 WP No. 20826 of 2025
LAXMINARAYANAPURA BENGALURU-560 021 …RESPONDENT (BY SRI S. B. N. PRAKASH, ADVOCATE FOR;
MISS. SHUBHA PRAKASH, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE ENTIRE RECORDS ON THE FILE OF V ADDL. PRL.
JUDGE, FAMILY COURT, BENGALURU IN M.C.NO.4562/2022 AND QUASH THE IMPUGNED ORDER DATED 07.02.2025 ON I.A.NO.III IN M.C.NO.4562/2022 PASSED BY THE V ADDL. PRL.
JUDGE, FAMILY COURT, BENGALURU VIDE ANNEXURE-G CONSEQUENTLY REJECT THE I.A.NO.III FILED BY THE RESPONDENT.
THIS PETITION, COMING ON FOR DICTATING ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
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HC-KAR NC: 2026:KHC:3731 WP No. 20826 of 2025
ORAL ORDER
Being aggrieved by the order that is passed by the Court of V Additional Principal Judge, Family Court, Bengaluru on IA No.III in MC No.4562/2022 dated 07.02.2025, thereby seeking the Court to quash the said
order, present writ petition is filed.
2. For the sake of convenience of discussion, parties to the proceedings will hereinafter be referred to as husband and wife. Their status is not in dispute.
3. Wife filed a petition under Section 24 of the Hindu Marriage Act seeking interim maintenance and the Court through the impugned order directed the husband to pay the wife a sum of ₹15,000/- per month towards interim maintenance and also to pay litigation expenses of ₹15,000/-.
4. Sri.Chandrasekhar, learned counsel for the writ petitioner and Dr.S.B.N.Prakash, learned counsel for respondent were heard.
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HC-KAR NC: 2026:KHC:3731 WP No. 20826 of 2025
5. The submission of
learned counsel who represents the husband is that, the husband has no financial capacity to pay such huge amount to his wife.
Learned counsel stated that the husband is a Tailor by profession and he earns around ₹15,000/- to ₹20,000/- per month. Out of the said amount he has to take care of his personal expenses. Learned counsel submitted that the wife is an employee and she is working at State Bank of India, Malleshwaram and thereby she earns handsome salary. Learned counsel also submitted that as the wife has got her own sources of earnings, husband is not liable to pay any sum towards maintenance.
6. Per contra, the submission that is made by
learned counsel who represents the wife is that she was working as cleaner on temporary basis at State Bank of India, Malleshwaram and she worked there only till
14.03.2023. Learned counsel submitted that she has got no sources of earnings after she was removed from the
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HC-KAR NC: 2026:KHC:3731 WP No. 20826 of 2025
said job and hence it is the liability of her husband to maintain her.
7. The version of the wife is that her husband is a qualified tailor, has employed four tailors to manage the tailoring work and earns ₹1,00,000/- to ₹1,50,000/- per month. However, no substantive proof to that effect was produced before the trial Court by her. Equally, husband has not produced any proof to show that wife was working and was earning by the date of application filed for grant of interim maintenance. However, having considered the fact that there is no authentic proof with regard to actual earnings of the husband and taking into consideration his profession and also taking into consideration the fact that the wife has not produced any proof to show that husband indeed owns a shop, this Court is of the view that the sum granted towards interim maintenance is excessive taking into consideration the financial status of the husband. Therefore, this Court is of the view that the sum granted
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HC-KAR NC: 2026:KHC:3731 WP No. 20826 of 2025
towards interim maintenance is required to be reduced from ₹15,000/- to ₹10,000/- per month.
8. Therefore, the writ petition is disposed of with the following
ORDER i) The writ petition is allowed in part.
ii) Monthly interim maintenance which the petitioner/husband is ordered to pay by the Court of V Additional Principal Judge Family Court, Bengaluru, through Orders on IA No.III in MC No.4562/2022 dated 07.02.2025 is reduced from ₹15,000/- to ₹10,000/-.
iii) Thus, the petitioner/husband shall pay the respondent/wife a sum of ₹10,000/- per month with effect from 14.08.2023 till the disposal of MC No.4562/ 2022.
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HC-KAR NC: 2026:KHC:3731 WP No. 20826 of 2025
iv) Further, he shall pay the litigation expenses of ₹15,000 to the respondent.
v) Petitioner/husband shall clear all arrears within a period of eight weeks.
Sd/-
(DR.CHILLAKUR SUMALATHA) JUDGE
AP List No.: 1 Sl No.: 22