IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27^TH DAY OF MARCH, 2026 BEFORE THE HON'BLE DR. JUSTICE K.MANMADHA RAO WRIT PETITION NO.38125 OF 2025 (GM-FC)

BETWEEN:

SRI. GIRISH KAMATH S/O RAMESH KAMATH, AGED ABOUT 50 YEARS, RESIDING AT:NO.3-34(2), ULIARGOLI, MAIN ROAD, KAUP, UDUPI DISTRICT – 574 106.

…PETITIONER (BY SRI. GOKUL M.G.,ADVOCATE)

AND:

SMT. DIVYA D/O K. SURENDRA NAYAK, W/O GIRISH KAMATH, AGED ABOUT 40 YEARS, RESIDING AT: NO.8, 7^TH CROSS, DEVEGOWDA ROAD, MOTHI NAGAR, R.T. NAGAR, BANGALORE - 560 032.

…RESPONDENT (BY SRI. BIMBADHARA.,ADVOCATE)

THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION, QUASHING THE IMPUGNED ORDER DATED 25.03.2023 PASSED ON INTERLOCUTORY APPLICATION NO.2 FILED UNDER SECTION 24 OF THE HINDU MARRIAGE ACT, 1955, IN M.C. NO.886/2022 BY THE HON'BLE 5^TH ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT AT BENGALURU (ANNEXURE-A).

THIS PETITION HAVING BEEN HEARD AND RESERVED FOR ORDERS ON 06.03.2026 AND COMING ON FOR PRONOUNCEMENT THIS DAY, THE COURT MADE THE FOLLOWING:

CORAM: HON'BLE DR. JUSTICE K.MANMADHA RAO

CAV ORDER

Being aggrieved by the order passed by the V Additional Principal Judge, Family Court, Bengaluru on I.A.No.2 in M.C.No.886/2022 dated 25.03.2023, thereby seeking the Court to quash the said order, present writ petition is filed.

2. For the sake of convenience, parties to the proceedings will hereinafter be referred to as husband and wife. Their status is not in dispute.

3. Wife filed a petition under Section 24 of the Hindu Marriage Act seeking interim maintenance and the Court through the impugned order directed the husband to pay the wife a sum of Rs.15,000/- per month towards interim maintenance as well as education of the child.

4. This Court has granted an interim order dated

17.12.2025. The husband has complied the said interim order only by way of paying regular maintenance of Rs.5,000/- per month and not arrears of maintenance. Moreover, three months time will be granted for payment of arrears of maintenance i.e., till 17.03.2026, but this Court has taken up the matter for ‘Final Hearing’ on 06.03.2026. Hence, there is no proof of payment of arrears of maintenance to the wife and the husband has not complied the interim order with regard to the payment of arrears of maintenance. The husband is directed to clear all the arrears within a period of four weeks.

5. Heard learned counsel appearing for both the parties.

6. The submission of learned counsel, who represents the husband is that, the husband has no financial capacity to pay such huge amount to his wife. He further submits that the wife obtained the impugned order suppressing the existence of two bank accounts and her true financial assets and she has failed to comply with the mandatory procedural framework laid down by the Hon’ble Apex Court in the case of Rajnesh vs. Neha reported in (2021) 2 SCC 324 by not filing the affidavit of assets and liabilities. He submits that the trial Court has failed to consider the proper assessment of the wife’s income, assets, liabilities and documentary record and rendered perverse conclusion. He further submits that the wife has remarried during the pendency of M.C.No.886/2022 and hence, is not entitled for maintenance. Learned counsel also submitted that as the wife has got her own sources of earnings, husband is not liable to pay any sum towards maintenance. Hence, prays for allowing the writ petition and set aside the impugned order of the trial Court.

7. Per contra, the submission made by learned counsel, who represents the wife is that husband and his father jointly doing furniture manufacturing as trading by name and style Sri.Kamakshi Traders and in the residential locality they had two oil mills and also doing coconut oil business and earning no less than Rs.75,000/-. The husband has failed to pay educational and medical expenses of the child and hence, husband is liable to pa