Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:8652 WP No. 19160 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA WRIT PETITION NO. 19160 OF 2025 (GM-FC) BETWEEN:
PRASHANTH S., S/O SRINIVAS AGE 43 YEARS, R/O NO 33, 8TH MAIN J.C.NAGAR, MAHALAKSHMIPURAM BENGALURU -86 …PETITIONER (BY SMT. SUMANGALA G., ADVOCATE FOR SRI. GURUDEV I GACHCHINAMATH.,ADVOCATE) AND:
1.
SMT. POOJASHREE R W/O PRASHANTH S AGED ABOUT 25 YEARS
2.
MASTER. HIMADEEP.P S/O PRASHANTH S AGED ABOUT 5 YEARS MINOR SINCE REPRESENTED BY HIS NATURAL GUARDIAN Digitally signed by AASEEFA PARVEEN Location:
HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:8652 WP No. 19160 of 2025 AND MOTHER POOJASHREE BOTH THE PETITIONERS ARE RESIDENTS OF NO 2051-36/1 GROUND FLOOR,, 8TH MAIN ROAD, SUBRAMANYANAGAR, BENGALURU - 560010. …RESPONDENTS (BY SRI. YOGESH., ADVOCATE FOR SRI. MANJUNATHA V., ADVOCATE FOR R1 ( R2 IS MINOR)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS IN RESPECT OF THE IMPUGNED ORDER DATED 14.02.2025 CRL. MISC. NO.744/2023 PASSED BY THE PRL.
FAMILY COURT, BENGALURU IN I.A. NO. II AND SET ASIDE THE IMPUGNED ORDER AT ANNX-E DATED 14.02.2025 MADE IN CR. MISC NO.744/2023 PASSED BY THE PRL. JUDGE, FAMILY COURT, BENGALURU BY ISSUE OF WRIT OF CERTIORARI OR ANY OTHER SUITABLE WRIT OR ORDER OR DIRECTIONS AND FURTHER REJECT IA NO. II U/S 125(1) Cr.P.C.
THIS PETITION, COMING ON FOR UNDER THE CAPTION
"PART HEARD", THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
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HC-KAR NC: 2026:KHC:8652 WP No. 19160 of 2025 ORAL ORDER Heard Ms. Sumangala.G who represents Sri. Gurudev I Gachchinamath learned counsel for the petitioner as well as Sri. Yogesh who represents Sri.Manjunatha.V learned counsel for respondents.
2. Being aggrieved by the order passed by the Court of VI Additional Principal Judge, Family Court, Bengaluru on I.A. No.II in Criminal Miscellaneous Case No.744/2023 dated 14.02.2025, this writ petition is filed.
3. Respondent No.1 being the wife and respondent No.2 being the minor son of the petitioner herein filed I.A No. II seeking interim maintenance of Rs.30,000/- from the petitioner herein. Family Court through the impugned
order directed the petitioner herein to pay respondents a sum of Rs.20,000/- per month towards interim maintenance.
4. Learned counsel for the petitioner submits that petitioner has got a female child through his first wife. He
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HC-KAR NC: 2026:KHC:8652 WP No. 19160 of 2025 has to maintain said child also. Further he has to maintain his aged parents. Petitioner bought a car by obtaining loan and he has to pay EMIs. Petitioner is under obligation to pay rent to his house and incur other household expenditure. Petitioner is earning around Rs.99,000/- per month. Meeting all those obligations, there will be nothing left to him to pay maintenance to the respondents.
Learned counsel also states that first respondent is also working and she can as well maintain the second respondent.
5. Learned counsel for respondents on the other hand states that respondent No.1 joined job just one month back and she is drawing around Rs.10,000/- per month. Second respondent is aged around 5 years and he is taken care by the first respondent. First respondent was without any job as on the date of filing of interlocutory application seeking maintenance.
Learned counsel thereby states that the order rendered by the Family Court is valid on all aspects.
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HC-KAR NC: 2026:KHC:8652 WP No. 19160 of 2025
6. No material whatsoever is on record to show that first petitioner was on employment as on the date of filing of I.A.II. That apart it is the obligation of the petitioner being father to look after the welfare of his son i.e., the second respondent herein. However, considering the submission that is made by
learned counsel for the petitioner that the petitioner has to look after his daughter born through first wife and his parents, this Court is of the view that the interim maintenance granted through the impugned
order is required to be reduced from Rs.20,000/- to Rs.15,000/- per month. Hence the writ petition is disposed of with the following:-
ORDER i. The
order rendered by the Court of VI Additional Principal Judge, Family Court, Bengaluru on I.A No.II in Criminal Miscellaneous Case No.744/2023 dated 14.02.2025 is modified.
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HC-KAR NC: 2026:KHC:8652 WP No. 19160 of 2025 ii. Interim maintenance granted in favour of respondents that is Rs.20,000/- is reduced to Rs.15,000/-. iii. The writ petition is accordingly disposed of. In the light of the disposal of writ petition, the proceedings in I.A No.1/2025 are closed. Sd/- (DR.CHILLAKUR SUMALATHA) JUDGE VS List No.: 1 Sl No.: 24