IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 1^ST DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 102898 OF 2025 (GM-FC)

BETWEEN:

SMT. SUMMET S/O. SIDDARMAYYA GANGDHARMATH AGE: 36 YEARS, OCC: BHMS DOCTOR.

R/O: #460, PLOT NO. 12, LAST BUS STOP, VITTAL MARG, SHAHU NAGAR, BELAGAVI-590001.

…PETITIONER (BY SRI. ROHIT L. SHEELVANT, ADVOCATE)

AND:

1. SMT. SEEMA W/O. SUMEET GANGADHARMATH, AGE: 30 YEARS, OCC: PRIVATE SERVICE, R/O. C/O. RUDRAYYA HANCHIN, #92, LAXMI GALLI, MASTAMARDI HUKKERI, BELAGAVI-591124.

2. KUMAR VIDWATH S/O. SUMEET GANGADHARMATH, AGE: 05 YEARS, OCC: STUDENT, R/O. C/O. RUDRAYYA HAMCHIN, #92, LAXMI GALLI, MASTAMARDI, HUKKERI, BELAGAVI 591124.

Digitally signed by RAKESH S (SINCE MINOR R/BY HIS NATURAL GUARDIN HARIHAR MOTHER I.E. RESPONDENT NO. 1)

Location: High Court of Karnataka, …RESPONDENTS Dharwad Bench, Dharwad (BY SRI. ASHOK A. NAIK, ADVOCATE)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER WRIT, ORDER OR DIRECTION AND QUASH THE ORDER DATED 12/02/2025 PASSED BY THE 1ST ADDITIONAL, PRINCIPAL JUDGE, FAMILY COURT, BELAGAVI ON I.A.NO.II IN CRIMINAL.MISC NO.332/2024 AS DIRECTING THE PETITIONER HEREIN TO PAY MONTHLY INTERIM MAINTENANCE OF RS.4,000/- TO RESPONDENT NO.1 AND RS.3,000/- TO RESPONDENT NO.2 PRODUCED AT ANNEXURE-D, IN THE INTEREST OF JUSTICE.

THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING IN B GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

ORAL ORDER

(PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA)

1. The petitioner is before this Court seeking the following prayer:

“A. Issue a writ in the nature of certiorari or any other writ, order or direction and quash the order dated 12/02/2025 passed by the 1^st Additional, Principal Judge, Family Court, Belagavi on I.A.No.II in Criminal. Misc No.332/2024 as directing the petitioner herein to pay monthly interim maintenance of rs.4,000/- to respondent no.1 and rs.3,000/- to Respondent No.2 produced at Annexure-D, in the interest of justice.

B. Grant such other relief as deemed fit in the circumstances of the case and in the interest of justice and equity.”

2. The petitioner is the husband of the first respondent, the wife. The marriage between the two takes place on 21.11.2016 and a child is born from the wedlock. It transpires that the relationship between the petitioner and the respondent- wife flounders. On floundering of the relationship, several proceedings are instituted against each other. One such proceeding is before the Family Court. The issue in the lis is not with regard to the merit of the matter before the Family Court.

The wife files an application seeking interim maintenance. The concerned Court grants ₹4,000/- interim maintenance to the wife and ₹3,000/- to the child, in all ₹7,000/-.

3. The petitioner is before the Court on the score that he is not working and the wife is working. He is prepared to take care of the child and not the wife. The said submission is unacceptable. As the Interim maintenance that is granted is not that exorbitant for the petitioner to project that he is unemployed and he cannot take care of the wife. If indulgence is shown, it would run counter to the judgment of the Apex Court in the case of Anju Garg and Another Versus Deepak Kumar Garg, 2022 SCC OnLine SC 1314, wherein it is held as under:

“10. This Court had made the above observations as the Court felt that the Family Court in the said case had conducted the proceedings without being alive to the objects and reasons, and the spirit of the provisions under Section 125 of the Code. Such an impression has also been gathered by this Court in the case on hand. The Family Court had disregarded the basic canon of law that it is the sacrosanct duty of the husband to provide financial support to the wife and to the minor children. The husband is required to earn money even by physical labour, if he is an able-bodied, and could not avoid his