Research › Search › Judgment

High Court of Karnataka · body

2026 DAILYLAW 51653 (KAR)

SRI. SATHISHA v. SMT. REVATHI

WP/37566/2025 · 2026-01-09

Chillakur Sumalatha

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:1280 WP No. 37566 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA WRIT PETITION NO. 37566 OF 2025 (GM-FC) BETWEEN: SRI. SATHISHA S/O SHEENA NAIK, AGED ABOUT 52 YEARS, R/A 1-3-25B, DODDANGUDDE, NEAR VISHNUMURTHI TEMPLE, UDUPI, KARNATAKA-576 102. …PETITIONER (BY SRI. RAJESH SHETTY, ADVOCATE) AND: SMT. REVATHI W/O SATHISHA, AGED ABOUT 47 YEARS, R/A SANTHOSH NAGAR, NEAR KRISHNA KRIPA, KARAMBALLI, KUNJIBETTU, UDUPI-576 102. …RESPONDENT (V/C/O DATED 09.01.2026, NOTICE TO RESPONDENT IS DISPENSED WITH) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 17.09.2025 PASSED ON I.A.NO.III, FILED BY THE RESPONDENT UNDER SECTION 24 AND 25 OF THE HINDU MARRIAGE ACT, IN M.C.NO.67/2025, BY THE LEARNED PRINCIPAL JUDGE, FAMILY COURT AT UDUPI VIDE ANNEXURE- A, AND REJECT I.A.NO.III. 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:1280 WP No. 37566 of 2025 CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA ORAL ORDER Heard Sri.Rajesh Shetty, learned counsel for the petitioner. 2. In the light of the facts and circumstances of the case, this Court is of the view that issuance of notice to the respondent is not necessary. 3. This writ petition is the outcome of the order that is rendered by the Court of Principal Judge, Family Court, Udupi on I.A.No.III in M.C.No.67/2025 dated 17.09.2025. 4. I.A.No.III was filed by the respondent herein seeking interim maintenance of Rs.20,000/- per month to her child and litigation expenses of Rs.50,000/-. The Court through the impugned order directed the petitioner to pay a sum of Rs.6,000/- per month to the respondent towards - 3 - HC-KAR NC: 2026:KHC:1280 WP No. 37566 of 2025 interim maintenance of the child and also to pay litigation expenses of Rs.10,000/-. 5. Learned counsel for the petitioner submits that the petitioner is working as attender in a college and is earning Rs.18,215/- per month. The respondent is working as Assistant Data Operator in a private company and is earning Rs.22,555/- per month. The respondent therefore has got sufficient means to maintain the child. On the other hand the petitioner is burdened to maintain his parents. Thus the amount ordered to be paid towards interim maintenance is exorbitant and therefore, the present writ petition is filed. 6. Admittedly both the parties are employees. However, the child in question is in the custody of the respondent and thereby the respondent is burdened with the duty to look after the child and also to attend her work to eke out the livelihood. No material whatsoever is on record to show that the petitioner till now has paid any - 4 - HC-KAR NC: 2026:KHC:1280 WP No. 37566 of 2025 amount towards maintenance of the child. That apart the petitioner has no such burden of taking care of the food and shelter of the child and her day to day activities. Also it is not the case that the petitioner is an un-employee or he has no sources of earnings. Basing on the earnings of the petitioner and the earnings of the respondent, the Court has rightly ordered the petitioner to pay a sum of Rs.6,000/- per month only towards interim maintenance of the child. Therefore, this Court does not find any grounds to entertain this writ petition. Thus the writ petition stands dismissed. Sd/- (DR.CHILLAKUR SUMALATHA) JUDGE NS CT:TSM List No.: 1 Sl No.: 22