- 1 - HC-KAR NC: 2026:KHC:256 WP No. 36277 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA WRIT PETITION NO. 36277 OF 2024 (GM-FC) BETWEEN: ADARSH B. N., S/O NINGEGOWDA, AGED ABOUT 30 YEARS, R/O BANDIHALLY VILLAGE, SAKALESHPURA TALUK, HASSAN DISTRICT - 573134 …PETITIONER (BY SRI. SHIVAKUMAR S.V., ADVOCATE) AND: MANASA M. L. W/O ADARSHA B.N., AGED ABOUT 24 YEARS, R/O SRIRAMANAGARA, BEHIND RTO OFFICE, ARASIKERE ROAD, HASSAN CITY - 573201. …RESPONDENT (BY SMT. SHWETHA NAYAK N., ADVOCATE FOR SRI. HARSHA KUMAR GOWDA H R., ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ANNEXURE-A THAT IS THE ORDER DATED 21-11- 2024 PASSED ON I.A.NO.2 IN M.C.NO.1/2024 PASSED BY THE SENIOR CIVIL JUDGE AND JMFC AT SAKALESHPURA. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by AASEEFA PARVEEN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:256 WP No. 36277 of 2024 CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA ORAL ORDER Heard Sri.Shivakumar S.V., learned counsel for the petitioner as well as Ms.Swetha Nayak, who represents Sri.Harsha Kumar Gowda H.R., learned counsel for the respondent. 2. This writ petition is the outcome of the order that is rendered by the Court of Senior Civil Judge, Hassan on IA No.2 in MC No.1/2024 dated 21.11.2024. On the application filed by the respondent/wife for grant of interim maintenance, the Court through the impugned order directed the petitioner/husband to pay the respondent/wife a sum of Rs.15,000/- per month towards interim maintenance till the disposal of the case and aggrieved by the same the present writ petition is filed. 3. Learned counsel for the petitioner submits that the petitioner is working in Indian Army and he is getting around Rs.60,000/- per month as salary. Out of the said amount, the petitioner is paying a sum of Rs.19,369/- towards EMI for the loan obtained. Thus, the petitioner is receiving a sum of - 3 - HC-KAR NC: 2026:KHC:256 WP No. 36277 of 2024 Rs.40,000/- only on hand. Out of the said amount the petitioner is required to maintain himself and his family members. Therefore, the petitioner is not in a position to pay a sum of Rs.15,000/- per month as maintenance to the respondent/wife. Without considering the financial capacity and capability of the petitioner, the Court directed him to pay a sum of Rs.15,000/- per month as maintenance and aggrieved by the same the present petition is filed. Learned counsel states that the petitioner can pay not more than Rs.6,000/- to Rs.7,000/- per month as interim maintenance. Learned counsel further submits that the respondent is working as teacher and is earning and therefore the respondent as a matter of fact is not entitled for any such benefits. 4. Learned counsel for the respondent on the other hand submits that the respondent is pursuing her B.Ed course and she has not completed her education. Her entire education expenses are being borne by her parents. The parents of the respondent are under obligation to look after their son i.e., the brother of the respondent. Therefore, her parents are not in a position to maintain the respondent. Learned counsel further submits that the petitioner owns a car and further his father is - 4 - HC-KAR NC: 2026:KHC:256 WP No. 36277 of 2024 in possession of landed property. There is no requirement for the petitioner to maintain either his father or other family members. On the other hand the respondent has no source of earnings and therefore the petitioner being her husband is under obligation to maintain her. Hence, the Trial Court rightly granted interim maintenance at the rate of Rs.15,000/- per month and thus the writ petition is not maintainable. 5. There is no denial of the fact that the petitioner is working in Indian Army. Even as per the version of the petitioner he is earning Rs.60,000/- and odd per month. No material whatsoever is on record to show the purpose for which the petitioner obtained loan. The Court at paragraph ten of the impugned order held that the respondent is entitled for interim maintenance of Rs.20,000/- per month. However, ultimately the Court granted a sum of Rs.15,000/- per month towards interim maintenance. The sum granted as interim maintenance is not exorbitant in the opinion of this Court. The petitioner failed to establish his obligations, if any, apart from maintaining his wife. Therefore this Court is of the view that there are no grounds whatsoever to interfere with the well reasoned order of the Trial Court. - 5 - HC-KAR NC: 2026:KHC:256 WP No. 36277 of 2024 Thus, the writ petition stands dismissed. Sd/- (DR.CHILLAKUR SUMALATHA) JUDGE AP CT:TSM List No.: 1 Sl No.: 47