Interim maintenance must be balanced between the claimant's need for sustenance and the payer's total financial liabilities, including debts and medical expenses of dependents, to avoid an exorbitant burden.

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE ORDER DATED 27.02.2026 (ANNEXURE-F) PASSED IN CRL.MISC. NO. 631/2024 ON I.A. NO. 3 BY THE PRINCIPAL JUDGE, FAMILY COURT, BENGALURU.

THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA

ORAL ORDER

Heard Sri.Anand.R.V learned counsel for the petitioner as well as Sri.B.J.Krishna learned counsel for the respondent.

2. Seeking a writ of certiorari and to quash the order passed by the Court of Principal Judge, Family Court, Bengaluru on I.A.No.III in Crl.Misc.No.631/2024 dated 27.02.2026, this writ petition is filed.

3. Respondent who is the wife of the petitioner filed I.A.No.III seeking interim maintenance of Rs.1,00,000/- per month from the petitioner/husband till the disposal of the main case. Family Court through the impugned order directed petitioner/husband to pay respondent/wife a sum of Rs.40,000/- per month towards interim maintenance from the date of application till the final disposal of the main case.

4. Learned counsel for the petitioner submits that respondent deserted the petitioner and left the matrimonial home voluntarily. Respondent married one Vijay. Said marriage was dissolved by a decree of divorce by mutual consent. Vijay paid a sum of Rs.12,50,000/- to respondent towards permanent alimony as full and final settlement of all her claims. After receiving such amount, respondent married the petitioner. She later deserted the petitioner. Respondent claimed a sum of Rs.1,00,000/- towards interim maintenance and the Family Court without looking into the financial status and obligations of the petitioner, directed the petitioner to pay respondent a sum of Rs.40,000/- towards interim maintenance. Learned counsel contends that petitioner was earning around Rs.1,80,000/- while he was on job. He resigned the job and he was out of job for certain period. Subsequently, he got employment. Petitioner is under obligation to look after his aged parents. He is also under obligation to clear the loans obtained. Thus, petitioner is not in a position to pay huge sum of Rs.40,000/- to the respondent. The amount granted towards interim maintenance is exorbitant and therefore, this writ petition is filed.

5. Learned counsel for the respondent, on the other hand, states that respondent studied upto II PUC only and she has no source of earnings. She cannot maintain herself. Therefore, Family Court rightly directed petitioner to pay the respondent a sum of Rs.40,000/- per month towards interim maintenance and thus, the writ petition is not maintainable.

6. In the statement of assets and liabilities petitioner has shown that he works as Senior Consultant at HCL and earns around Rs.1,86,000/- per month. He also mentioned that he obtained personal loan of Rs.28,26,000/- from Axis Bank, Flexi loan of Rs.17,04,193/- from Bajaj Finance, Car loan of Rs.13,54,761/- from HDFC, gold loan of Rs.2,00,000/- from PACCS, another gold loan of Rs.1,25,000/- from PACCS, education loan of Rs.80,541/- from HDFC and the credit card due to be paid to HDFC is Rs.69,017/-. It is also mentioned that his father suffers from seizure disorder caused due to brain stroke and that he is on medication. It is also mentioned that his mother has a thyroid condition, had undergone eye surgery, is experiencing severe knee imbalance and she is also under continuous medication.

7. Though, learned counsel for the respondent during the course of his submission stated that petitioner has got agricultural land and he derives a sum of Rs.50,000/-