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2026 DAILYLAW 5936 (KAR)

SRI KUMAR v. SMT RATHNA

WP/20461/2024 · 2026-02-13

Chillakur Sumalatha

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:8889 WP No. 20461 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA WRIT PETITION NO.20461 OF 2024 (GM-FC) BETWEEN: SRI.KUMAR, S/O RANGEGOWDA, AGED ABOUT 46 YEARS, R/AT MARATIKYATHANAHALLI VILLAGE, JAYAPURA HOBLI, MYSURU TALUK, MYSURU - 570026. …PETITIONER (BY SRI. ROOPESHA B., ADVOCATE) AND: 1. SMT. RATHNA, W/O KUMAR, AGED ABOUT 40 YEARS, 2. SANJANA K., D/O. KUMAR, AGED ABOUT 21 YEARS, 3. SANJAY K., S/O KUMAR, AGED ABOUT 17 YEARS, SINCE RESPONDENT NO.3 IS MINOR, REPRESENTED BY THE NATURAL GAURDIAN/MOTHER I.E., RESPONDENT NO.1 RATHNA. Digitally signed by AASEEFA PARVEEN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:8889 WP No. 20461 of 2024 ALL ARE RESIDING AT R/AT: MARATIKYATHANAHALLI VILLAGE, JAYAPURA HOBLI, MYSURU TALUK, MYSURU - 570026. …RESPONDENTS (BY SRI. RAGASHAYANA M.E., ADVOCATE FOR SRI. BHARGAVA D. BHAT, ADVOCATE FOR R1-R3) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS IN CRL MISC NO.636/2023 FROM THE FILE OF THE HON'BLE I ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT AT MYSURU AND SET ASIDE THE IMPUGNED ORDER DATED 17.05.2024 PASSED ON I.A.No.II FILED UNDER SECTION 125(1) OF Cr.P.C. VIDE ANNEXURE-E IN C.MISC.NO.636/2023 PENDING BEFORE THE HON'BLE I ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT AT MYSURU. THIS PETITION, COMING ON FOR PRELIMINARY HEARING B-GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA - 3 - HC-KAR NC: 2026:KHC:8889 WP No. 20461 of 2024 ORAL ORDER Heard Sri.Roopesha.B learned counsel for the petitioner as well as Sri.Raagashayana who represents Sri.Bhargava D Bhat learned counsel on record for the respondents. 2. Aggrieved by the order passed by the Court of I Additional Principal Judge, Family Court, Mysuru on I.A.No.II in Crl.Misc.No.636/2023 dated 17.05.2024, this writ petition is filed. 3. Learned counsel for the petitioner submits that Family Court directed petitioner to pay a sum of Rs.6,000/- each per month as interim maintenance to respondent Nos.1 and 3 and this Court through order dated 31.07.2024 granted an order of stay of all further proceedings pursuant to the impugned order subject to petitioner paying respondent Nos.1 and 3 a sum of Rs.6,000/- per month besides educational expenses. Learned counsel submits that consensus was arrived at - 4 - HC-KAR NC: 2026:KHC:8889 WP No. 20461 of 2024 between both the parties and therefore, the writ petition may be disposed of directing petitioner to pay respondent Nos.1 and 3 a sum of Rs.3,000/- each per month towards interim maintenance. 4. Learned counsel who represents the respondent states that the Family Court has stalled the proceedings basing on an order of stay granted by this Court. Learned counsel states that respondents intends to put an end to the litigation and therefore, they have no objection to modify the impugned order and thereby direct petitioner to pay respondent Nos.1 and 3 a sum of Rs.3,000/- each per month towards interim maintenance besides educational expenses. Having considered the submission thus made, the writ petition is disposed of with the following: ORDER (i) The order rendered by the Court of I Additional Principal Judge, Family Court, Mysuru on - 5 - HC-KAR NC: 2026:KHC:8889 WP No. 20461 of 2024 I.A.No.II in Crl.Misc.No.636/2023 dated 17.05.2024 is modified. (ii) Petitioner is directed to pay respondent Nos.1 and 3 a sum of Rs.3,000/- each per month towards their interim maintenance from the date of application i.e., 24.07.2023 till the disposal of case pending before the Family Court. (iii) Petitioner shall also pay respondent Nos.2 and 3 entire educational expenses from the academic year 2023 to 2024 till the disposal of the case. (iv) All other conditions imposed by the Family Court are confirmed. Sd/- (DR.CHILLAKUR SUMALATHA) JUDGE DS CT:TSM List No.: 1 Sl No.: 20