Karnataka High Court
Sri Nagaraju A ( Nagaraja A) vs Smt Harshitha C on 6 January, 2026
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NC: 2026:KHC:508
WP No. 24820 of 2024
C/W WP No. 24709 of 2024
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF JANUARY, 2026
BEFORE
THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
WRIT PETITION NO. 24820 OF 2024 (GM-FC)
C/W
WRIT PETITION NO. 24709 OF 2024 (GM-FC)
IN WP No. 24820/2024:
BETWEEN:
1. SMT HARISHITHA C.,
AGED ABOUT 31 YEARS,
W/O NAGARAJU. A, R/A 1929/19,
21ST CROSS, VIDYANAGAR,
DAVANAGERE- 577 005.
2. KU. SHREYA. H. N (CHILD)
REPRESENTED BY HER MOTHER
SMT. HARSHITHA,
AGED ABOUT 3 YEARS 11 MONTHS
D/O. NAGARAJU. A, R/AT NO.1929/19,
21ST CROSS, VIDYANAGAR,
Digitally signed
by AASEEFA DAVANAGERE - 577 005.
PARVEEN ...PETITIONERS
Location: HIGH (BY SMT. THEJESWINI, ADVOCATE FOR
COURT OF SRI. CHANDAN R.,ADVOCATE)
KARNATAKA
AND:
SRI NAGARAJU,
S/O APPAJIGOWDA,
R/AT 1794/68, 68P SHRISHAILA,
1ST CROSS SIDDAVEERAPPA BADAVANE,
DAVANGERE - 577 005
...RESPONDENT
(BY SRI. MAHESHA B C., ADVOCATE)
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NC: 2026:KHC:508
WP No. 24820 of 2024
C/W WP No. 24709 of 2024
HC-KAR
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL
FOR RECORDS ON THE FILE OF HONBLE FAMILY COURT AT
DAVANAGERE IN CRL.MISC.NO.36/2023.
IN WP NO. 24709/2024:
BETWEEN:
SRI. NAGARAJU A. ( NAGARAJA A.)
AGED ABOUT 37 YEARS,
S/O APPAJI GOWDA B M,
R/O NO 20, BHUVI,
9TH CROSS, BASAVESHWARA HBCS LAYOUT,
CHANDRA LAYOUT, 2ND STAGE,
BENGALURU - 560040
ALSO AT: 1794/68P " SRISHAILA",
1ST CROSS, SIDDAVEERAPPA BADAVANE,
DAVANAGERE-577004.
...PETITIONER
(BY SRI. MAHESHA B C.,ADVOCATE)
AND:
1. SMT HARSHITHA C.,
AGED ABOUT 31 YEARS,
W/O NAGARAJU A,
R/O 1929/19, 21ST CROSS,
VIDYANAGAR,
DAVANAGERE - 577005.
2. SHREYA H. N.
CHILD,
AGED ABOUT 4 YEARS
D/O. NAGARAJU A,
R/O. 1929/19, 21ST CROSS,
VIDYANAGAR,
DAVANAGERE - 577 005.
...RESPONDENTS
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NC: 2026:KHC:508
WP No. 24820 of 2024
C/W WP No. 24709 of 2024
HC-KAR
(BY SMT. THEJASWINI, ADVOCATE FOR
SRI. CHANDAN R., ADVOCATE FOR R1;
(R2 IS MINOR REPRESENTED BY R1)
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF
THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE ANNX-A
THE ORDER DATED 07/09/2023 IN CRL. MISC. NO. 36/2023
PASSED BY THE PRL. FAMILY COURT AT DAVANAGERE ON
APPLICATION OF INTERIM MAINTENANCE FILED BY THE
RESPONDENTS AND ETC.
THESE PETITIONS ARE COMING ON FOR PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
ORAL ORDER
Heard Ms.Tejaswini who represents Sri.Chandan R., learned counsel on record for the writ petitioners in Writ Petition No.24820/2024, who is also representing the respondents in the connected writ petition i.e. Writ Petition No.24709/2024. Also heard Sri.Mahesha B.C., learned counsel for the respondent in Writ Petition No.24820/2024, who is also representing the petitioner in Writ Petition No.24709/2024.
2. For the sake of convenience of discussion, the parties to the proceedings in both the writ petitions will hereinafter be referred to as the husband, wife and child. -4-
NC: 2026:KHC:508 WP No. 24820 of 2024 C/W WP No. 24709 of 2024 HC-KAR
3. Wife and child filed a petition under Section 125 Cr.PC claiming maintenance from the husband. They also moved an application seeking interim maintenance pending disposal of the main case. The Family Court, Davanagere, which heard the interim maintenance petition i.e. IA No.II rendered orders on 07.09.2023 granting interim maintenance of Rs.6,000/- per month to the wife and Rs.4,000/- per month to the child.
4. Projecting that the said sum granted is on lower side, the wife and child filed Writ Petition No.24820/2024. Raising a contention that he is not liable to pay any maintenance and thereby seeking to set aside the order passed on IA No.II, the husband filed Writ Petition No.24709/2024.
5. The version of the wife and child is that, they are unable to maintain themselves and the husband is working as Engineer in Mercedes Benz Private Limited, Bangalore and earning Rs.96,000/- per month and thereby he is capable to pay maintenance to the extent claimed.
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NC: 2026:KHC:508 WP No. 24820 of 2024 C/W WP No. 24709 of 2024 HC-KAR
6. The contention of the husband is that the wife is a B.E. graduate, working in a Multinational Company, getting handsome salary, out of the ancestral property earning Rs.40,00,000/- per annum, her father is a retired employee getting pension of Rs.80,000/- per month besides rental income and thereby the wife and child are not entitled for any maintenance.
7. Arguing the matter, learned counsel who represents the wife and child submits that the wife requires a sum of Rs.35,000/- per month and the child requires Rs.25,000/- per month towards maintenance. But The trial Court granted very meager sum and therefore they filed writ petition seeking enhancement. She also submits that the husband who is an Engineer is earning more than a lakh per month and he has got other properties too and thus the amount granted towards interim maintenance is too meager. Learned counsel thereby seeks to allow the writ petition filed by the wife and child and enhance the sum to the extent claimed.
8. Vehemently opposing the submission thus made, learned counsel who represents the husband submits that due -6- NC: 2026:KHC:508 WP No. 24820 of 2024 C/W WP No. 24709 of 2024 HC-KAR to the harassment of his wife, he left the job and now he is penniless. Learned counsel also states that the wife is gainfully employed, has got ancestral properties, is having good assistance from her parents and thereby she is independent financially. Learned counsel also states that the husband left the job due to the harassment of his wife and thus he is unable to pay any amount as of now towards maintenance. Learned counsel further submits that he is willing to take the custody of the child also. Learned counsel by stating thus seeks to allow the writ petition filed by the husband and thereby to set aside the impugned order.
9. It is not in dispute that the child aged around five years, is under the custody of her mother. No material whatsoever is on record to show that the husband, who is the father of the child, has paid any amount towards maintenance of the said child till the date of impugned order by which interim maintenance was granted. Learned counsel who represents the husband stressed on the point that the husband resigned from the job due to the harassment of the wife. Learned counsel tried to produce before this Court a photostat -7- NC: 2026:KHC:508 WP No. 24820 of 2024 C/W WP No. 24709 of 2024 HC-KAR copy of the document which shows that the employer has accepted the resignation letter. However said photostat copy cannot be taken into account, as its genuineness is required to be verified and decided by the trial Court. That apart, no material is on record to show that the husband filed any such document before the trial Court to show that he is out of job. In the same manner there is no material on record to show that the wife is employed, received ancestral property from her parents, that she is in possession of such property and that she is deriving income from such property.
10. Basing on the facts and circumstances of the case and pending disposal of the petition filed for grant of maintenance, the trial Court granted interim maintenance of Rs.6,000/- per month in favour of the wife and to Rs.4,000/- per month in favour of the child to be payable by the husband. In the absence of any substantive proof with regard to the earnings of the husband as projected by the wife and the earnings of the wife as projected by the husband, this Court is of the view that the interim maintenance granted in favour of the wife and child can neither be enhanced as sought for by -8- NC: 2026:KHC:508 WP No. 24820 of 2024 C/W WP No. 24709 of 2024 HC-KAR them, nor be nullified or reduced as sought for by the husband. The reasons assigned for arriving at a decision to grant interim maintenance to the extent granted are convincing. Therefore, this Court is of the view that neither the writ petition filed by the wife and child nor the writ petition filed by the husband are tenable.
Therefore, both the writ petitions stand dismissed.
Sd/-
(DR.CHILLAKUR SUMALATHA) JUDGE AP CT:TSM List No.: 1 Sl No.: 72