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2026 Supreme(Online)(Kar) 22677
THE HIGH COURT OF KARNATAKA
K. Manmadha Rao, J
Thresi Emmanuel Ramapuram – Appellant
Versus
Mathen Thomas Thoppil – Respondent
WRIT PETITION NO.10663 OF 2025 (GM-FC)|WRIT PETITION NO.21426 OF 2024 (GM-FC)|WRIT PETITION NO.21834 OF 2024 (GM-FC)
Important Points
Subject
Family Law - Guardianship and Maintenance
Act Referred
Headnote
(B) Custody and visitation - Supervisory jurisdiction - Court will not interfere with discretionary orders of Family Court unless findings are perverse or arbitrary - Welfare of minor is the paramount consideration. (Paras 26, 27, 33)
Facts of the case:
Parties are locked in matrimonial litigation involving claims for dissolution of marriage, restitution of conjugal rights, and custody of two minor children. The Family Court passed an interim order regarding maintenance and visitation, which was challenged by both parties as either inadequate, excessive, or restrictive.
Findings of Court:
Court modified the maintenance component to Rs.15,000/- per child and Rs.40,000/- for the wife and ordered payment of educational expenses at actuals directly to institutions. The court upheld the visitation order, finding no perversity in the Family Court's exercise of discretion regarding minor welfare.
Issues: Determining the adequacy of interim maintenance, the legitimacy of artificial caps on educational expenses, and the scope of interference in custody/visitation arrangements.
Ratio Decidendi: Maintenance calculations must prioritize human dignity and actual needs over rigid caps, while appellate interference in custody matters is limited to cases of proven illegality or perversity for the welfare of the child.
Result: Petitions disposed of with modifications to maintenance and direction for expeditious trial.
For the Appellants/Petitioners: Siddant S. Darira, Arun Govindarajan, Ashika Gurunath, Tejas, Suhas G., Somanatha H.
For the Respondents: Ashika Gurunath, Tejas, Suhas G., Siddant S. Darira, Arun Govindaraj, Somanatha H.
| Table of Content |
|---|
| 1. procedural background and history of matrimonial and custody litigation. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8) |
| 2. contentions regarding maintenance calculations, financial suppression, and visitation rights. (Para 9 , 10 , 11 , 12 , 13 , 14 , 15) |
| 3. legal standard for interim maintenance: realistic, just, and addressing actual educational expenses. (Para 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25) |
| 4. limited appellate jurisdiction under article 227 regarding minor welfare and visitation discretion. (Para 26 , 27 , 28 , 29 , 30 , 31 , 32 , 33 , 34 , 35) |
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
