Statutory obligation to maintain a spouse and minor child takes precedence over personal financial liabilities, and allegations regarding the spouse's income must be supported by cogent evidence to justify the denial of interim maintenance.

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS IN CRL. MISC 563/2021 ON THE FILE OF THE HONBLE 6TH ADDL. FAMILY COURT JUDGE, AT BENGALURU AND QUASH THE ORDER DTD 11.11.2024 (ANNX-A) PASSED BY THE HONBLE 6TH ADDL. FAMILY COURT JUDGE, AT BENGALURU, IN CRL. MISC. NO. 563/2021, BY ISSUING A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, DIRECTION OR ORDER. GRANT COSTS OF THE PETITION.

THIS PETITION HAVING BEEN HEARD AND RESERVED FOR ORDERS ON 25.03.2026 AND COMING ON FOR PRONOUNCEMENT THIS DAY, THE COURT MADE THE FOLLOWING:

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

CAV ORDER

This petition is filed by the petitioner being aggrieved by the order dated 11.11.2024 passed by the VI Additional Principal Judge, Family Court, Bengaluru in Crl.Misc.No.563/2021 (hereinafter referred to as ‘Family Court’) whereby the Family Court has directed the petitioner to pay interim maintenance of Rs.7,500/- each to the respondents.

The brief facts of the case are as follows:

2. The petitioner/husband married the respondent No.1/wife on 19.06.2011 at Shri.Kannika Mahal, Ramanagara. After the marriage, the petitioner and respondent lived together as husband and wife. Subsequently, the respondent alleged that the petitioner had subjected her to harassment and assault. On the basis of the said allegations, the respondent filed a petition seeking maintenance in Crl.Misc.No.563/2021 before the VI Addl. Principal Judge, Family Court, Bengaluru. The wife and daughter filed I.A.No.II under Section 125(1) of Cr.P.C. seeking interim maintenance of Rs.15,000/- per month.

3. After hearing the learned counsel appearing for the parties, the Family court, by order dated 11.11.2024 allowed I.A.No.II and directed the petitioner to pay interim maintenance of Rs.7,500/- each per month to the respondents. Respondent No.1 is the wife and respondent No.2 is the minor daughter of the petitioner aged about 12 years, who is pursuing her education. Petitioner contends that the Family Court without considering the fact that he is permanent employee in the Department of Social Welfare as a Head Cook and earning a sum of Rs.26,271/- per month and he has to look after his mother aged 83 years, it has granted exorbitant interim maintenance of Rs.7,500/- to the respondents. He further contends that considerable expenditure has been incurred towards the house rent, payment of personal loan at State Bank India, Ramanagara Branch, medical expenses of his mother and his unmarried sister and his medical expenses and livelihood.

4. This Court has granted an interim order dated 01.07.2025 on the condition that the petitioner shall continue to pay maintenance of an amount of Rs.7,500/- per month to the respondents and also shall pay the arrears within a period of eight weeks from the date of receipt of copy of the order. But the petitioner – husband has failed to comply the said interim order.

5. Learned counsel for the petitioner submits that his daughter is studying at Government School and there is no expenditure towards her education. The respondent No.1 – wife is working at SLN HP Gas Grameena Vitharaka Distributors, Jalamangala, Ramanagar and is drawing good amount of salary and hence, she is able to maintain herself. Hence, prays to allow the petition and quash the impugned order of the Family Court.

6. Learned counsel for the respondents submits that she has produced affidavit of assets and liabilities before the Family Court, which di