Karnataka High Court
Sri R Vijay Babu Waghmare vs Smt S Dharani on 18 August, 2025
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NC: 2025:KHC:31920
WP No. 20914 of 2024
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 18TH DAY OF AUGUST, 2025
BEFORE
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
WRIT PETITION NO. 20914 OF 2024 (GM-FC)
BETWEEN:
1. SRI R VIJAY BABU WAGHMARE
S/O A RAMESH BABU WAGHMARE
AGED ABOUT 33 YEARS,
R/AT NO. 102, VARNIKA PRIYA
RESIDENCY, NEW PANATHUR EXTENSION,
NEW KAVERAPPA LAYOUAT,
Ist A CROSS,
PANATHUR BENGALURU-560103
WORKING ADDRESS,
WORKING AS SENIOR BUSINESS
ANALYST IDC, BANGALORE
PERMANENT ADDRESSS
R/AT NO. 144, PALANIPURAM
Ist STREET,
BAVANI,
Digitally signed by ERODE DISTRICT
MEGHA MOHAN TAMIL NADU-638301
Location: HIGH
COURT OF
KARNATAKA ...PETITIONER
(BY SMT.SHRIDEVI BHONSLE FOR SRI.AMAR CORREA., ADVOCATE)
AND:
1. SMT S DHARANI
W/O R VIJAYA BABU WAGHMARE
D/O SWAMI RAO SAMPATH
AGED ABOUT 32 YEARS,
R/AT NO. G3, PHASE-3
LAKE VIEW APARTMENTS,
KEREGUDDADADHALLI
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NC: 2025:KHC:31920
WP No. 20914 of 2024
HC-KAR
CHIKKABANAWARA POST,
L MARK GANGADHARAIAH,
KALYANA MANTAPA
BENGALURU-560090
...RESPONDENT
(BY SRI. T PRAKASH.,ADVOCATE)
THIS WRIT PETITION IS FILED PRAYING TO 1. ISSUE A WRIT
IN THE NATURE OF CERTIORARI AND QUASH THE ORDER DATED
02.04.2024 ON IA.NO.1 IN M.C.NO.418/2021, PASSED BY THE
PRINCIPAL SENIOR CIVIL JUDGE, BENGALURU RURAL, BENGALURU
RURAL DISTRICT, BENGALURU, THEREBY PARTLY ALLOWING THE
MAINTENANCE APPLICATION FILED BY THE RESPONDENT THEREIN
UNDER SECTION 24 OF THE HINDU MARRIAGE ACT, 1955 AND
DIRECTING THE PETITIONER TO PAY A SUM OF RS.15,000/-
MONTHLY MAINTENANCE TO THE PETITIONER THEREIN VIDE
ANNEXURE-A AND GRANT AN INTERIM ORDER TO STAY THE
OPERATION OF THE DATED 02.04.2024 ON IA.NO.1 IN
M.C.NO.418/2021 PASSED BY THE PRINCIPAL SENIOR CIVIL JUDGE,
BENGALURU RURAL, BENGALURU RURAL DISTRICT, BENGALURU,
THEREBY PARTLY ALLOWING THE MAINTENANCE APPLICATION FILED
BY THE RESPONDENT THEREIN UNDER SECTION 24 OF THE HINDU
MARRIAGE ACT, 1955 AND GRANTING RS.15,000/-, OF
MAINTENANCE TO THE PETITIONER THEREIN, VIDE ANNEXURE-A.
THIS WRIT PETITION, COMING ON FOR PRELIMINARY
HEARING-B GROUP, THIS DAY, ORDER WAS MADE THEREIN AS
UNDER:
CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
ORAL ORDER
Aggrieved by the order passed in I.A.No.1 in MC.No.418/2021 dated 02.04.2024 by the Principal Senior Civil Judge, Bengaluru Rural District, Bengaluru whereby the trial Court had granted maintenance of an amount of Rs.15,000/- -3-
NC: 2025:KHC:31920 WP No. 20914 of 2024 HC-KAR per month from the date of the petition till realization. The husband is before this Court.
2. Learned counsel appearing for the husband submits that the marriage lasted for 2 months and wife has filed a petition seeking divorce on the ground of impotency and the husband has filed a counter claim on the ground of cruelty.
3. It is the contention of the learned counsel appearing for the petitioner/husband that the wife has completed M.Tech in Biotechnology and earlier she was working in Neilsen India Private Limited. She has also filed a petition under the DV Act and trial Court had granted maintenance of an amount Rs.5,000/-p.m., which is being paid by the husband. Now, the trial Court had granted an amount of Rs.15,000/- as maintenance and the income of the husband is Rs.58,000/-. Learned counsel submits that the wife who has stayed with the husband for 3 months and thereafter, when she is very much qualified, she has not taken any step to secure the employment and one in DV and other in the I.A she is seeking maintenance and the trial Court had granted an amount of Rs.20,000/- per month. It is submitted that the wife is capable of earning and -4- NC: 2025:KHC:31920 WP No. 20914 of 2024 HC-KAR she cannot sit idle and depend upon the husband for maintenance.
4. Learned counsel appearing for the respondent/wife submits that as per the order passed by this Court what are the efforts made by the wife to secure the job, they have filed an affidavit before this Court. It is submitted that because of the harassment, strained relations and impotency of the husband, the wife is undergoing tremendous stress and she is not in a position to work. It is submitted that the society and the community in which she lives, second marriage is not an option and there is a social stigma attached to it. As such, she is not in a position to work and she could not make any efforts to secure the job.
5. Having heard the learned counsels on either side, perused the material on record. The wife and husband are qualified. Particularly, the wife has done M.Tech in Biotechnology and earlier she was working. Husband is a B.Tech and MBA Graduate. According to the husband the marriage has lasted for 2 months and according to the wife the marriage has lasted for 4 months. From the year 2021 they -5- NC: 2025:KHC:31920 WP No. 20914 of 2024 HC-KAR are separated. The reasons that are stated by the wife that she is not able to secure a job or she has not made any efforts to secure job that she is under tremendous pressure cannot be the ground for the wife to sit idle and seek maintenance from the husband when she is qualified to secure a job. In the considered opinion of this Court, the wife cannot depend upon the husband forever without even securing a job. For that reason, this Court wanted to know what are the efforts made by her for securing the job. It appears from the affidavit filed by the wife that no efforts are made and the reason for that is mental stress. In these circumstances, this Court is passing the following:
ORDER i. The husband shall continue to pay an amount of Rs.10,000/- to the wife and the wife shall make all her efforts to secure a job within 6 months from today.
ii. The husband is at liberty to approach the Family Court after 6 months to review this order and the wife shall also be given an opportunity to place before the Court what are the efforts -6- NC: 2025:KHC:31920 WP No. 20914 of 2024 HC-KAR made to secure the job. Based on that further orders shall be passed by the Family Court.
iii. Accordingly, the writ petition is disposed of.
iv. All pending I.As in the writ petition stands closed.
SD/-
(LALITHA KANNEGANTI) JUDGE RJ List No.: 1 Sl No.: 41