Interim maintenance must be realistic-reflective of financial capacity and actual needs, while judicial interference in child custody visitation orders is permissible only upon findings of manifest illegality, perversity, or failure to prioritize the welfare of the minor children.

IN WP No.10663/2025

BETWEEN:

THRESI EMMANUEL RAMAPURAM

WIFE OF MATHEN THOMAS THOPPIL,

AGED ABOUT 44 YEARS,

RESIDING AT NO.802,

SILVERLAKE TERRACE APARTMENT,

167 (OLD NO.55),

RICHMOND ROAD,

NEAR TRINITY CIRCLE,

ASHOKNAGAR

BENGALURU-560 025.

…PETITIONER

(BY SRI. SIDDANT S.DARIRA FOR

SRI. ARUN GOVINDARAJ.,ADVOCATES)

AND:

MATHEN THOMAS THOPPIL

SON OF THOMAS VARGHESE,

AGED ABOUT 49 YEARS,

RESIDING AT 902,

NITESH FLUSHING MEADOWS APARTMENT,

WHITEFIELD,

BENGALURU – 560 067.

…RESPONDENT

(BY SMT. ASHIKA GURUNATH FOR

SRI. TEJAS AND SUHAS G.,ADVOCATES)

IN WP NO.21426/2024

BETWEEN:

SRI. MATHEN THOMAS THOPPIL

AGED ABOUT 47 YEARS

S/O SRI. THOMAS VARGHESE

RESIDING AT: 902,

NITESH FLUSHING MEADOWS APARTMENT,

WHITEFIELD,

BANGALORE - 560 067.

...PETITIONER

(BY SMT. ASHIKA GURUNATH FOR

SRI. SUHAS G.,ADVOCATES)

AND:

SMT. THRESI EMMANUEL RAMAPURAM,

AGED ABOUT 41 YEARS

W/O SRI. MATHEN THOMAS THOPPIL,

RESIDING AT: 802,

SILVER TERRACE APARTMENT,

167,(OLD NO.55), RICHMOND ROAD,

NEAR TRINITY CIRCLE, ASHOK NAGAR,

BANGALORE-560 025.

...RESPONDENT

(BY SRI.SIDDANT S. DARIRA FOR

SRI. ARUN GOVINDARAJ.,ADVOCATES)

IN WP NO.21834/2024

BETWEEN:

SRI MATHEN THOMAS THOPPIL

AGED ABOUT 48 YEARS,

S/O SRI. THOMAS VARGHESE,

RESIDING AT:902,

NITESH FLUSHING MEADOWS APARTMENT,

WHITEFIELD,

BANGALORE-560 067.

...PETITIONER

(BY SMT. ASHIKA GURUNATH FOR

SRI. SOMANATHA H.,ADVOCATES)

AND:

SMT THRESI EMMANUEL RAMAPURAM

AGED ABOUT 41 YEARS,

W/O SRI. MATHEN THOMAS THOPPIL,

RESIDING AT:802,

SILVER TERRACE APARTMENT,

167,(OLD NO.55),

RICHMOND ROAD,

NEAR TRINITY CIRCLE,

ASHOK NAGAR,

BANGALORE-560 025.

...RESPONDENT

(BY SRI.SIDDANT S DARIRA FOR

SRI.ARUN GOVINDRAJ, ADVOCATES)

THESE PETITIONS HAVING BEEN HEARD AND RESERVED FOR ORDERS ON 10.03.2026 AND COMING ON FOR PRONOUNCEMENT THIS DAY, THE COURT MADE THE FOLLOWING:

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

CAV ORDER

The W.P.10663 is filed by the wife seeking to issue writ of certiorari to quash the order dated 02.07.2024 passed in G & WC.No.120/2023 on I.A.No.X passed by the I Additional Principal Judge, Family Court, Bengaluru,(‘the Family Court’ for short) and further seeks issuance of a writ of mandamus directing the husband to pay a sum of Rs.30,000/- per month to each of the minor sons towards maintenance, apart from educational expenses at actuals to be paid directly to the educational institution.

The W.P.No.21426/2024 is filed by the husband seeking to issue writ of certiorari to quash the impugned order dated 02.07.2024 passed on I.A.No.X in G & WC.No.120/2023 passed by the Family Court on the ground that the same is excessive, arbitrary and unsustainable.

The W.P.No.21834/2024 is filed by the father seeking to issue writ of certiorari quashing the impugned orders dated 02.07.2024 (Annexure A) passed in I.A.No.III and dated 27.04.2024 (Annexure B) passed in I.A.No.XI by the Family Court in G & WC.No.120/2023, and to grant such other reliefs as this Hon’ble Court deems fit in the facts and circumstances of the case, in the interest of justice and equity.

2. The petitioner / wife / mother in W.P.No.10663/2025 is the respondent in W.P.21426/2024 and W.P.No.21834/2024 and the respondent/husband/father in W.P.No.10663/2025 is the petitioner in W.P.21426/2024 and W.P.No.21834/2024.

3. For convenience of reference, the parties are referred as husband/father and wife/mother.

4. The common facts in all the writ petitions are that:-

The husband/father and the wife/mother were married on 02.09.2006 at Chennai in accordance