SRI BHAIRAPPA S/O SURYAKANT ANKALI v. SMT SHRUTI W/O BHAIRAPPA ANKALI
WP/105126/2025 · 2026-01-28
Lalitha Kanneganti
body2026
DailyLaw.ai
[ 2026 DAILYLAW 53224 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 53224 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
- 1 -
HC-KAR NC: 2026:KHC-D:1041 WP No. 105126 of 2025
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 28TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO.105126 OF 2025 (GM-FC) BETWEEN:
SRI. BHAIRAPPA S/O. SURYAKANT ANKALI, AGE. 37 YEARS, OCC. GOVT. SERVANT, R/O. VENKATESH NAGAR, SANKESHWAR, TQ. HUKKERI, DIST. BELAGAVI-591314. …PETITIONER
(BY SRI. SACHCHIDANAND BABAJI PATIL, ADVOCATE)
AND:
SMT. SHRUTI W/O. BHAIRAPPA ANKALI, AGE. 32 YEARS, OCC. PRIVATE SERVICE, R/O. C/O. RAMU CHOUGALA, (KRISHNA THOTHA) HIREKUDI, TQ. HUKKERI, DIST. BELAGAVI-591247. …RESPONDENT (BY SRI. B.M. PATIL, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF CONSTITUTION OF INDIA, PRAYING TO, I. ISSUE A WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER WRIT IN THE LIKE NATURE AND SET ASIDE THE ORDER DATED 05/07/2025 PASSED ON I.A.NO.1 IN M.C.NO.79/2023 PENDING ON THE FILE OF SENIOR CIVIL JUDGE, HUKKERI ITINERARY COURT AT SANKESHWAR COPY AS PER ANNEXURE-E AND/OR; II. PASS ANY OTHER ORDERS DEEMED FIT IN THE FACTS AND CIRCUMSTANCES OF CASE.
THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
Digitally signed by YASHAVANT NARAYANKAR Location: HIGH COURT OF KARNATAKA
- 2 -
HC-KAR NC: 2026:KHC-D:1041 WP No. 105126 of 2025
CORAM: THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
ORAL ORDER Aggrieved by the
order passed on I.A.No.1 in M.C.No.79/2023 dated 05.07.2025 by the Senior Civil Judge, Hukkeri, Itinerary Court At Sankeshwar, (for short ‘the Trial Court’) whereby the Trial Court had granted maintenance of an amount Rs.12,000/- to the wife and Rs.6,000/- to the daughter, the husband is before this Court.
2. The parties are referred to as wife and husband for the sake of convenience.
3. The husband has filed divorce petition in M.C.No.79/2023 and in the said case, the wife filed I.A.No.1 under Section 24 of the Hindu Marriage Act, 1955, seeking maintenance of an amount of Rs.25,000/- per month. The Trial Court by order impugned had granted an amount of Rs.18,000/-. While granting the maintenance, the Trial Court has observed that it is the duty of the husband to provide good health, wealth, education and shelter to the wife and child. Further, the Trial
- 3 -
HC-KAR NC: 2026:KHC-D:1041 WP No. 105126 of 2025
Court has observed that the husband is a government employee and he is having handsome salary since he is a Class-II officer and in the affidavit he himself stated that he is getting monthly income of Rs.80,000/-. No doubt it is his duty to take care of his parents but he cannot escape from his liability to maintain his wife and the daughter. The Trial Court also observed that the wife is not having any source of income and the daughter is studying. The Trial Court observed that both the daughter and the mother require financial assistance to maintain themselves and the husband is duty bound to provide financial assistance. Accordingly, the maintenance was granted.
4. The
learned counsel appearing for the petitioner/husband submits that the wife is well educated and in spite of that, she is not working. Further, the husband is having other responsibilities to take care of his parents and all these issues were not considered by the Trial Court and the maintenance of an amount of Rs.18,000/- awarded by the Trial Court is on the higher side.
- 4 -
HC-KAR NC: 2026:KHC-D:1041 WP No. 105126 of 2025
5.
Learned counsel appearing for the respondents submits that, when the husband is earning Rs.80,000/- per month, what the Trial Court has awarded is only Rs.18,000/- and there is no illegality with the said order and there are no grounds to interfere with the same.
6. Having heard the counsels on either side, perused the material on record.
7. The undisputed facts are that the husband's income is Rs.80,000/- per month. The wife is unemployed though educated. It is the responsibility of the husband to take care of both of them considering the fact that they have no income. Considering the income of the husband at Rs.80,000/-, the Trial Court had granted an amount of Rs.12,000/- to the wife and Rs.6,000/- to the daughter. In the considered opinion of this Court, the said amount granted as maintenance is a reasonable amount and there are no grounds to interfere with. Hence, this Court is passing the following:
- 5 -
HC-KAR NC: 2026:KHC-D:1041 WP No. 105126 of 2025
ORDER i) Accordingly, the writ petition is dismissed. ii) All I.As., in this writ petition stand closed.
Sd/- JUSTICE LALITHA KANNEGANTI
YAN CT: UMD List No.: 1 Sl No.: 119