Under Article 227 of the Constitution, the High Court will not interfere with a Family Court's order for interim maintenance under Section 24 of the Hindu Marriage Act unless the order is patently illegal or perverse, provided the quantum is reasonable and based on factual appreciation.

THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED 04.09.2025 PASSED ON IA NO. II IN MC NO. 101/2024 PENDING BEFORE THE HONORABLE PRL. JUDGE FAMILY COURT AT HASSAN ANNX-A.

THIS PETITION HAVING BEEN HEARD AND RESERVED FOR ORDERS ON 17.03.2026 AND COMING ON FOR PRONOUNCEMENT THIS DAY, THE COURT MADE THE FOLLOWING:

CAV ORDER

The present writ petition is filed seeking issuance of a writ of certiorari to set aside the order dated 04.09.2025 passed on I.A.No.2 in M.C.No.101/2024, which is pending before the learned Principal Judge, Family Court, Hassan (hereinafter referred to as ‘the Family Court’).

The petitioner herein-husband is the petitioner before the Family Court and the respondent herein-wife is the respondent before the Family Court.

The I.A.2 is filed under section 24 of the Hindu Marriage Act, 1955 by the respondent-wife against the petitioner (husband) seeking for interim maintenance and expenses of proceedings.

The brief facts leading to the filing of this petition are as follows:-

The marriage between the petitioner and the respondent was solemnized on 06.08.2020 at Holenarasipura Taluk as per Hindu rites and customs. It is the case of the petitioner that the respondent deserted him on 23.03.2021 and subjected him and his mother to mental and physical cruelty. The petitioner, who is stated to be a polio-affected person and physically handicapped since birth, claims that he is maintaining his aged mother and dependent family members. He has instituted M.C.No.101/2024 seeking dissolution of marriage under Section 13(1)(i-a) and (i-b) of the Hindu Marriage Act, 1955.

In the said proceedings, the respondent–wife filed I.A. No.2 under Section 24 of the Hindu Marriage Act seeking interim maintenance of Rs.25,000/- per month and additional expenses. The petitioner filed objections contending, inter alia, that the respondent is gainfully employed in a garment factory, running a petty shop, and is financially supported by her parents owning agricultural lands.

Based on the pleadings and material placed on record, the Family Court framed issues and has held that no material is placed on record to substantiate the contention that the respondent has independent income. Taking into consideration that the petitioner himself has instituted matrimonial proceedings and that the respondent requires financial support to effectively contest the same, the Family Court has awarded a sum of Rs.10,000/- per month towards interim maintenance and litigation expenses.

Learned counsel for the petitioner would contend that the impugned order is unsustainable as the Family Court has failed to properly consider the net income of the petitioner after deductions. It is further contended that the petitioner is a physically handicapped person having the responsibility of maintaining his aged mother and dependent sisters. It is also urged that the respondent is financially independent and has suppressed material facts regarding her previous marriage. It is further alleged that the respondent has suppressed her earlier marriage with one Sri Mahadeva of Dodahalli Village, Holenarasipura Taluk, and the fact that she had obtained divorce along with permanent alimony in the said marriage, thereby committing fraud upon the petitioner and his family.

Per contra, learned counsel for the respondent by supporting the impugned order, asserted absence of independent income and has sought maintenance to sustain herself and to effectively contest the matrimonial proceedings initiated by the petitioner.

Heard learned counsel appearing on either side.

This Court has considered the submissions made and perused the material on record.

The relationship between the parties and the fact that the petitioner has instituted proceedings for divorce in M.C.No.101/2024 are not in dispute. The application under Section 24 of the Hindu Marriage Act