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NC: 2026:KHC:5316

WP No. 5136 of 2025

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 30^TH DAY OF JANUARY, 2026

BEFORE

THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA

WRIT PETITION NO. 5136 OF 2025 (GM-FC)

BETWEEN:

MR. SRINIDHI S

S/O. SRINIVASA. V,

AGED ABOUT 37 YEARS,

RESIDING AT NO. 18,

BASAVESHWARA TEMPLE ROAD,

DODDAMARAGODANA HALLI,

MYSORE - 570 026.

…PETITIONER

Digitally signed by

SOWMYA

(BY SRI. RAMU V, ADVOCATE FOR

DODDAMARAIAH

Location: HIGH SRI. SUNIL S NARAYAN, ADVOCATE)

COURT OF

KARNATAKA

AND:

MRS. POOJA M.D,

W/O. SRINIDHI. S,

AGED ABOUT 26 YEARS,

RESIDING AT NO. 2610,

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NC: 2026:KHC:5316

WP No. 5136 of 2025

HC-KAR

4TH CROSS, K.G. KOPPAL,

MYSORE - 570 009.

…RESPONDENT

(BY SRI. M.G. NAVEEN KUMAR, ADVOCATE FOR

SRI. K SHASHIKANTH PRASAD, ADVOCATE)

THIS WP IS FILED UNDER ARTICLES 226 AND 227

OF THE CONSTITUTION OF INDIA PRAYING TO

QUASH/SET ASIDE THE ORDER DATED- 07/12/2024 ON

IA.NO.2 PASSED IN MC.NO.524/2024 ON THE FILE OF THE

PRINCIPAL JUDGE, FAMILY COURT, MYSORE, AT

ANNEXURE-E AND ETC.,

THIS PETITION, COMING ON FOR ORDERS, THIS

DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA

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NC: 2026:KHC:5316

WP No. 5136 of 2025

HC-KAR

ORAL ORDER

Heard Sri. Ramu.V who represents Sri.Sunil S

Narayan learned counsel for the petitioner as well as

Sri.Naveen Kumar M.G who represents Sri.K.Shashikanth

Prasad learned counsel on record for the respondent.

2. Seeking the Court to issue a writ of certiorari or

other appropriate writ and to quash the order that is

rendered by the Court of Principal Judge, Family Court,

Mysore on I.A No.II in M.C.No.524/2024 dated 07.12.2024

this writ petition is filed.

3. The relationship between the parties is not in

dispute and thus it is clear that the petitioner herein is the

husband of the respondent.

4. Respondent herein filed a petition under Section

13(1)(ia) of the Hindu Marriage Act seeking a decree of

divorce. She also moved an interlocutory application i.e.

I.A No. II seeking the Court to grant interim maintenance

and litigation expenses.

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NC: 2026:KHC:5316

WP No. 5136 of 2025

HC-KAR

5. The Court through the impugned order directed

the petitioner herein to pay a sum of Rs.10,000/- per

month to respondent herein as interim maintenance.

6. Learned counsel for the petitioner states that the

petitioner has no source of earning and on the other hand

respondent has got her own source of earning. Learned

counsel submits that the amount ordered to be paid as

interim maintenance is exorbitant.

7. Per contra, learned counsel for the respondent

submits that even if the respondent resides with the

petitioner, petitioner is bound to maintain her and

furthermore the sum awarded towards interim

maintenance is justifiable.

8. As per the version of respondent, petitioner works

as DTH Service Operator and earns Rs.1,00,000/- per

month. The version of the petitioner herein is that his wife

i.e. the respondent herein is a partner in a business run by

her family members and through the juice shop they run

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WP No. 5136 of 2025

HC-KAR

and also she by doing tailoring work has got independent

source of income. Admittedly both parties failed to

produce any proof in support of their contentions. Making

an observation that the petitioner herein is an able bodied

person capable of earning and he is under legal and moral

obligation to maintain his wife and son, the Court directed

the petitioner to pay a sum of Rs.10,000/- towards interim

maintenance. However considering the fact that there is

absence of proof with regard to the earnings of the

petitioner herein and to meet the ends of justice, this

Court is of the view that the impugned order is required to

be modified directing the petitioner herein to pay interim

maintenance of Rs.8,000/- per month till the disposal of

the main petition.

9. Thus the writ petition is disposed of with the

following:-

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NC: 2026:KHC:5316

WP No. 5136 of 2025

HC-KAR

ORDER

i. The order rendered by the Court of Principal

Judge, Family Court, Mysore on

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