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2026 DAILYLAW 6350 (KAR)

MRS. SHALINI D.S. v. MR. THEERTHA

WP/18936/2023 · 2026-02-10

Chillakur Sumalatha

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Judgment text

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- 1 - HC-KAR NC: 2026:KHC:7953 WP No. 18936 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA WRIT PETITION NO.18936 OF 2023 (GM-FC) BETWEEN: MRS. SHALINI D.S., AGED ABOUT 33 YEARS, W/O MR. THEERTHA, D/O SRI. D.G.SRINIVASA, NO. 8/2, PARIMALA NAGAR, NANDINI LAYOUT, BENGALURU - 560 096. …PETITIONER (BY SRI. TUMBIGI PRABHUGOUDA BASAVANTARAYAGOUDA, ADVOCATE) AND: MR. THEERTHA, AGED ABOUT 38 YEARS, S/O LATE SRI. GOPALSHETTY, WORKING AT HAL, EMPLOYEE ID - 74990-70 DEPT. AND PB NO. 9314/74990-70, Digitally signed by AASEEFA PARVEEN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:7953 WP No. 18936 of 2023 HST (CNC MACHINIST), PRITHVI CNC SHOP, AEROSPACE DIVISION, HAL, BENGALURU - 560 075. …RESPONDENT (BY SRI. BHARATH, ADVOCATE FOR SRI. P.B. RAJU, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DTD 30.06.2023 PASSED BY THE HONBLE V ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, BENGALURU ON I.A.NO.4 IN M.C.NO.1971/2019, PRODUCED VIDE ANNEXURE-A AND CONSEQUENTLY IN ENTIRETY ALLOW THE IA 4 FILED THEREIN BY THE PETITIONER PRODUCED VIDE ANNEXURE-D. 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:7953 WP No. 18936 of 2023 ORAL ORDER Heard Sri.Tumbigi Prabhugouda Basavantarayagouda, learned counsel for the petitioner as well as Sri.Bharath who represents Sri.P.B.Raju, learned counsel on record for respondent. 2. Seeking the Court to quash the order that is rendered by the Court of V Additional Principal Judge, Family Court, Bengaluru, on I.A.No.IV in M.C.No.1971/2019 dated 30.06.2023, this writ petition is filed. 3. The petitioner herein who is the wife of the respondent filed three Interlocutory Applications i.e. I.A. Nos.III to V seeking different reliefs. I.A.No.III is filed seeking the Court to issue direction to the respondent to add the name of the minor child Master Jashwanth Shetty in the Health Card. I.A.No.IV is filed seeking the Court to grant interim maintenance of ₹30,000/- per month to minor child apart from ₹30,000 towards litigation expenses. I.A.No.V came to be filed seeking the Court to - 4 - HC-KAR NC: 2026:KHC:7953 WP No. 18936 of 2023 issue directions to the respondent to pay ₹40,000/- towards school fee of the said child. The petitioner challenged the order on I.A.No.IV through this writ petition. 4. Learned counsel for the petitioner submits that respondent is earning a lot and in fact respondent/father has got sole responsibility to maintain his child. The Family Court granted meager sum of ₹5,000/- towards interim maintenance which is unjustifiable. Learned counsel thereby seeks for enhancement. 5. Per contra, learned counsel for respondent states that petitioner is earning more than the respondent. Respondent is willing to lead his life along with the petitioner and the child, but the petitioner is not coming forward. 6. Family Court at para 12 of the impugned order made a clear mention that on perusal of affidavits of assets and liabilities submitted by both parties and the - 5 - HC-KAR NC: 2026:KHC:7953 WP No. 18936 of 2023 documents, it is found that petitioner is earning more than ₹10,00,000/- per year and the income of the respondent is ₹26,500/-. Having perused the said order, the Family Court directed respondent herein to pay a petitioner a sum of ₹5,000/- per month towards maintenance of the minor child. This Court therefore does not find any infirmity in the decision taken by the Family Court. 7. Though learned counsel for the petitioner states that the sole responsibility vests on the father to look after the child, when the mother is equally earning and where she earns more than the father, both have to share the responsibility of looking after the welfare of the child. 8. Likewise though learned counsel for the petitioner submits that the respondent is earning around ₹80,000/- per month, even if it is taken into consideration, as the petitioner is also earning the same amount per month, the amount awarded as maintenance to the child - 6 - HC-KAR NC: 2026:KHC:7953 WP No. 18936 of 2023 to be payable by the father cannot be held to be on lower side. 9. Thus, viewed from any angle, this writ petition lacks merits. Resultantly, the writ petition stands dismissed. Respondent to clear all arrears within a period of three months Sd/- (DR.CHILLAKUR SUMALATHA) JUDGE AP CT:TSM List No.: 1 Sl No.: 43