- 1 - HC-KAR NC: 2026:KHC-D:116 WP No. 102695 of 2023 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 7TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO.102695 OF 2023 (GM-FC) BETWEEN: ARUN S/O. GURUGOUDA PATIL, AGE. 50 YEARS, OCC. ASSISTANT PROFESSOR, R/O. GATE NO.720/1 AND 2, NAGAR ROAD, WAGHOLI, PUNE-412207. …PETITIONER (BY SRI. PRASHANT MATHAPATI, ADVOCATE) AND: HEMALATA W/O. ARUN PATIL, AGE. MAJOR, OCC. HOUSE WIFE, R/O. C/O. DR. P A PATIL, BASAVA COLONY, BAUXITE ROAD, BELAGAVI-590010. …RESPONDENT (BY SRI. SHIVARAJ S.BALLOLI, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUE A WRIT OF CERTIORARI QUASHING OF THE ORDER DATED 24-02-2023 PASSED BY THE FAMILY COURT BELAGAVI IN M.C. NO.344 OF 2018 WHICH IS PRODUCED AS ANNEXURE-D AND ETC.,. THIS WRIT PETITION, COMING ON FOR HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI YASHAVANT NARAYANKAR Digitally signed by YASHAVANT NARAYANKAR Date: 2026.01.09 10:54:54 +0530 - 2 - HC-KAR NC: 2026:KHC-D:116 WP No. 102695 of 2023 ORAL ORDER The writ petition is filed aggrieved by the order passed in I.A. No. II in M.C. No. 344/2018 by the Family Court, Belagavi whereby the Family Court had granted monthly maintenance of an amount of Rs.20,000/-. 2. The parties are referred to as wife and husband for the sake of convenience. 3. It is the case of the petitioner / husband that the marriage was solemnized on 05.05.2003. The wife had filed M.C. No. 324/2014 before the Family Court, Belagavi seeking divorce. The petitioner in the year 2015 has filed a petition for restitution of conjugal rights i.e. M.C. No. 27/2015 before the Senior Civil Judge, Gandhinglaj. On 27.10.2016 the Family Court had decreed the M.C. filed by the husband. The petition that is filed by the wife seeking divorce was dismissed on 15.02.2017. It is stated that the husband has made all efforts requesting the wife to join him but the wife without joining the husband again had filed the present M.C. i.e. M.C. No. 344/2018 on 18.06.2018 seeking divorce, in that she has filed an interim application seeking interim maintenance. - 3 - HC-KAR NC: 2026:KHC-D:116 WP No. 102695 of 2023 4. Learned counsel appearing for the petitioner submits that the wife is not entitled for maintenance when once her petition for divorce on the ground of desertion is dismissed and on the very same cause of action now second petition is filed on the ground of cruelty. The Family Court ought not to have entertained the petition and Court ought not to have granted monthly maintenance of an amount of Rs.20,000/-. It is submitted that the wife who has deserted the husband is not entitled for maintenance and the application that is filed U/s 24 of the Hindu Marriage Act, ought to have been dismissed by the Family Court. 5. Learned counsel appearing for the respondent submits that the wife can maintain a matrimonial case on the ground of cruelty. Earlier petition was filed on the ground of desertion. It is submitted that the wife is taking care of two children who are aged 15 and 17 years respectively. So far the husband has not paid any maintenance and he is failed to discharge his obligation to take care of the wife and children. It is submitted that the Family Court considering all these aspects had rightly passed the order and the wife is entitled for maintenance. - 4 - HC-KAR NC: 2026:KHC-D:116 WP No. 102695 of 2023 6. Having heard the learned counsels on either side perused the material on record. This Court has perused the order that is passed by the Family Court which has not considered any of the contentions that are raised by the petitioner. If according to the petitioner there is no cause of action for the wife to file a petition seeking divorce, the petitioner could have filed an appropriate application before the Family Court stating that the matrimonial case is not maintainable. Admittedly, no such application is filed by the petitioner/husband. Without even going into the aspect of relationship between the wife and the husband, the earlier litigation and all other aspects, the fact which remains is that in the wedlock he is blessed with two children. It is admitted that the husband is not contributing anything towards the welfare of the children who are aged about 15 and 17 years respectively. It is submitted that the husband’s income is Rs.80,000/- per month in the year 2023. He has an obligation to take care of the interest of the children irrespective of the dispute between the parties. Consequently, when all these contentions are raised, the Family Court ought to have considered all these aspects and should have passed a reasoned order. In the light of the above discussion, this Court is passing the following order. - 5 - HC-KAR NC: 2026:KHC-D:116 WP No. 102695 of 2023 ORDER (i) The petitioner is at liberty to file appropriate application before the Family Court with regard to the maintainability of the M.C. petition and the same is to be considered by the Family Court in accordance with law. (ii) Insofar as the maintenance aspect is concerned, considering the income of the husband, he shall pay an amount of Rs.20,000/- per month to the children from date of application. (iii) The maintenance amount of Rs.20,000/- per month as ordered by the Family Court to be payable to the wife is set aside and the Family Court shall consider the respective contentions of the parties and shall pass appropriate orders. Till such time the petitioner shall continue to pay an amount of Rs.20,000/- per month to the children. (iv) Arrears of maintenance shall be paid within a period of two months from the date of receipt of a copy of - 6 - HC-KAR NC: 2026:KHC-D:116 WP No. 102695 of 2023 this order. If the husband fails to pay the maintenance amount and the arrears, the wife is at liberty to file application before the Family Court u/S 151 of CPC. (v) Accordingly the writ petition is disposed off. (vi) All IAs in this petition shall stand closed. SD/- JUSTICE LALITHA KANNEGANTI BVV CT: UMD List No.: 1 Sl No.: 50