Karnataka High Court
Smt. Divyashree R vs Sri Harsha M on 4 August, 2025
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NC: 2025:KHC:30345
WP No. 32928 of 2024
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF AUGUST, 2025
BEFORE
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
WRIT PETITION NO. 32928 OF 2024 (GM-FC)
BETWEEN:
SMT. DIVYASHREE R.,
D/O RANGASWAMALAHA K.,
W/O HARSHA M.,
AGED ABOUT 31 YEARS,
R/AT NO. 65, 4TH CROSS,
MUNESHWARANAGARA,
HEROHALLI, VISHWANEEDAM,
BENGALURU -560 091
...PETITIONER
(BY SRI.NAGESH VINAY S., ADVOCATE FOR
SMT.DHANALAKSHMI Y., ADVOCATE)
AND:
SRI HARSHA M.,
S/O MAHADEVA K.,
Digitally signed
AGED ABOUT 32 YEARS,
by MEGHA R/AT NO. 616, 5TH MAIN ROAD,
MOHAN
5TH CROSS, RANGANATHAPURA,
Location:
HIGH COURT KAMAKSHIPALYA,
OF BENGALURU - 560 079
KARNATAKA
...RESPONDENT
(BY SRI. KARTHIK V., ADVOCATE)
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE
CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE IMPUGNED
ORDER ON IA NO. 3, DATED: 19.10.2024 AT ANNEXURE-A PASSED
IN MC NO. 5196/2024 ON THE FILE OF I ADDL. PRINCIPAL JUDGE,
FAMILY COURT, BENGALURU AND CONSEQUENTLY ALLOW IA NO. 3
FILED BY THE PETITIONER AS PRAYED FOR BEFORE THE HONBLE
TRIAL COURT.
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NC: 2025:KHC:30345
WP No. 32928 of 2024
HC-KAR
THIS PETITION, COMING ON FOR HEARING, THIS DAY, ORDER
WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
ORAL ORDER
Aggrieved by the orders passed on I.A.No.3 in M.C.No.5196/2023 dated 19.10.2024, whereby the Family Court had granted an amount of Rs.5,000/- per month as maintenance to the wife and denied the maintenance to the children. Further the Court had granted an amount of Rs.10,000/- towards litigation expenses, the wife is before this court.
2. Both the parties are referred to as wife and husband for the sake of convenience.
3. MC.No.5196/2023 is filed by the husband seeking restitution of conjugal rights. In that, the wife had filed I.A.No.3 seeking maintenance of an amount Rs.60,000/- per month towards interim maintenance of the respondent/minor children and also for herself. It is the case of the wife that the children are aged 7 and 5 years and she has to take care of the children. Though she is a BE graduate, she is not working and as such -3- NC: 2025:KHC:30345 WP No. 32928 of 2024 HC-KAR she requires maintenance and also she has to take care of the children. According to the wife, husband's income is Rs.1,50,000/- and he is in a position to maintain the wife and the children.
4. The husband has filed his objections stating that the wife has deserted the petitioner along with the minor children and living independently. She has never requested the husband for anything after leaving the matrimonial home. The wife and her parents were not allowing the husband to visit the children. Even after the wife deserted the husband, he has not removed or not missed in mentioning the wife and two children as his dependents or nominee in the record of employment, medical insurance and savings account in the bank. Wife is unnecessarily creating issues from the date of marriage for having separate house. Despite several conciliations, the wife has not changed her behavior and she is threatening the husband, his parental family members to end up the married life, if separate house is not provided.
5. According to the husband, he is drawing a salary of Rs.1,05,000/-. His general monthly expenses are about -4- NC: 2025:KHC:30345 WP No. 32928 of 2024 HC-KAR Rs.80,000/- and he spends Rs.45,000/- per month towards medical and other expenses of the dependent parents. He submits that the wife is competent to take care of herself and therefore she is not entitled to maintenance.
6. The court by order impugned held that under Section 24 of the Hindu Marriage Act, the children are not entitled for maintenance and the wife was employed and the reasons that are stated for not working are not convincing and accordingly rejected the case of the children and granted Rs.5,000/- to the wife.
7. The learned counsel appearing for the petitioner/wife submits that there are convincing reasons why the wife is not working, considering the age of children who are 7 and 5 yeas. Further family court went wrong in observing that under Section 24 the children are not entitled for maintenance. He submits that the said issue is no more res-integra and the Hon'ble Apex Court in Jasbir Kaur Sehgal Vs. District Judge, Dehradun and others 1 the Court has observed that Section 24 of the Act, no doubt talks about the maintenance of the wife during 1 (1997) 7 SCC 7 -5- NC: 2025:KHC:30345 WP No. 32928 of 2024 HC-KAR the pendency of the proceeding, but this section cannot be read in isolation and cannot be given a restricted meaning to hold that, it is the maintenance of the wife alone and no one else. The Hon'ble Apex Court has observed that her right to claim maintenance would include her own maintenance and that of the daughter. Relying on this judgment the learned counsel submits that the order passed by the court needs to be set aside.
8. This matter has come up before this Court on several occasions. On every occasion, the matter came up, learned counsel for the respondent/husband has sought for time. On 23.07.2024, this court has adjourned the matter at the request of learned counsel for the respondent. On 23.07.2025, directed that the matter to be listed again on 25.07.2025. Then again when the matter came up on 25.07.2025 asked for a passover and as due to paucity of time, the matter could not be taken up. Again the matter was directed to be listed on 28.07.2025. Then again 28.07.2025 this matter was directed to be listed on the top of the list. Then on 29.07.2025 when the matter came up, this Court has heard the learned counsel appearing for the petitioner and as there was no representation on behalf of the -6- NC: 2025:KHC:30345 WP No. 32928 of 2024 HC-KAR respondent/husband, directed the matter to be listed as part heard on 30.07.2025. On 30.07.2025 again a request is made for adjournment. Accordingly the matter was directed to be listed finally on 04.08.2025, if there is no representation on behalf of the respondent on 04.08.2025, the petition will be allowed with costs of Rs.50,000/-. When the matter is listed under the head 'part heard' today again a request is made for a pass-over. Though the learned counsel for the petitioner has opposed, considering the submission made on behalf of the respondent, the matter is passed over, again in the afternoon there is no representation on behalf of the respondent. It appears that the respondent time and again is seeking adjournment and taking the judicial process for granted and these kind of tactics will not work. Hence, having given sufficient opportunity as discussed above, this Court is inclined to pass orders on the merits of it.
9. Having heard the learned counsel for the petitioner, perused the entire material on record. There is no dispute about the fact that as the husband himself agrees that his salary is Rs.1,05,000/-. His general monthly expenses are about Rs.80,000/-. He spends Rs.45,000/- per month towards medical -7- NC: 2025:KHC:30345 WP No. 32928 of 2024 HC-KAR and other expenses of the dependent parents. The court has observed that the wife is B.E in Electrical Engineering and there is no convincing reason why she is not earning. When the disputes arise between the parties and the parties are living separately, when a mother has to take care of the children who are aged 7 and 5 years. The circumstances require that she has to stay back at home and take care of the children. In those circumstances, the court cannot come to such a conclusion that there are no convincing reasons for the wife for not working and the finding of the court cannot be sustained. Then under Section 24 of the Hindu Marriage Act, children are not entitled. In the light of the law laid down in the case of Jasbir Kaur Sehgal reported supra, this Court is of the view that when the mother is taking care of the expenses of the children, the children's expenses can also be sought in an application filed under Section 24 of the Hindu Marriage Act.
10. In the light of above discussion, this court is passing the following:
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NC: 2025:KHC:30345 WP No. 32928 of 2024 HC-KAR ORDER i. Accordingly, the orders passed on I.A.No.3 in M.C.No.5196/2023 dated 19.10.2024 passed by I Additional Principal Judge, Family Court, Bengaluru is modified by granting an amount of Rs.15,000/- to the wife and Rs.15,000/- to the children. ii. Accordingly, the writ petition is disposed of with costs of Rs.50,000/- to be payable to the wife within 4 weeks from today.
iii. All pending I.As., in the petition shall stand closed.
SD/-
(LALITHA KANNEGANTI) JUDGE TS List No.: 1 Sl No.: 14