The Writ Petitioner challenged an order fixing interim maintenance at ₹12,000 per month and litigation expenses at ₹5,000 for the Respondent wife. The Court found the Quantum meager and the reasons cogent, rejecting the petition.
The Writ Petition was rejected without issuing notice to the respondent.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
WP No. 2223 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF FEBRUARY, 2023
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 2223 OF 2023 (GM-FC)
BETWEEN:
SRI K.S.MAHESH S/O T.SHIVANNA AGED ABOUT 48 YEARS R/AT NO.KT-87, 6TH CROSS MARIGOWDA EXTENSION MANDYA CITY – 571 401.
…PETITIONER
(BY SRI. B.M.GIRISH KUMAR, ADVOCATE)
AND:
Digitally signed by PADMAVATHI B K Location: HIGH COURT OF KARNATAKA
SMT. MANJULA J., W/O K.S.MAHESH D/O JAYANNA AGED ABOUT 40 YEARS R/AT NO.58, 9TH CROSS CHAMUNDESHWARINAGAR MANDYA CITY – 571 401.
…RESPONDENT
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF
THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DTD 17.12.2022 VIDE ANNEXURE-A PASSED IN M.C.NO.164/2020 ON I.A.NO.1/2021 FILED U/S 151 OF THE
WP No. 2223 of 2023
CODE OF CIVIL PROCEDURE, 1908 BY THE PRINCIPAL SENIOR CIVIL JUDGE AND CJM, MANDYA AND ETC.,
THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioner is before this Court calling in question order dated 17-12-2022 passed by the Principal Senior Civil Judge & CJM at Mandya in M.C.No.164 of 2020 on I.A.No.1 filed by the respondent under Section 24 of the Hindu Marriage Act seeking interim maintenance and grant of interim maintenance at 12,000/- per month and 5,000/- towards litigation expenses.
The petitioner is the husband and respondent is the wife. The two get married on 17-02-2002. After about 18 years of marriage, the respondent/wife leaves the matrimonial house on
WP No. 2223 of 2023
several disputes and cases were filed against each other, one of which is the petitioner instituting case in M.C.No.164 of 2020 seeking a decree of divorce. The said proceeding was instituted on 22-12-2020. In the said proceeding, the respondent/wife files an application on 22-09-2021 under Section 24 of the Hindu Marriage Act seeking interim maintenance. The concerned Court in terms of its order dated 17-12-2022 allows the application and directs payment of monthly maintenance of 12,000/- per month and 5,000/- as one time litigation expenses. The petitioner calls in question the said order.
WP No. 2223 of 2023
between the two takes place on 17-02-2002 and from the wedlock the couple have two children – first is the daughter and second the son. The daughter is pursuing her degree and the son is in 10th Standard and they are in the custody of the mother. The Court records these facts and then grants maintenance of 12,000/- per month as interim maintenance and 5,000/- as litigation expenses. This Court is of the considered view that the reason rendered by the concerned Court does not warrant any interference as they are cogent and the amount of maintenance that is awarded is not so exorbitant that the petitioner cannot pay it.
WP No. 2223 of 2023
`5,000/- as litigation expenses is negligible for the petitioner to
challenge the same and knock at the doors of this Court.
rejection and is accordingly rejected.
SD/JUDGE
BKP
List No.: 1 Sl No.: 57
2 issues framed by the court
Whether the High Court should interfere with the order fixing interim maintenance at ₹12,000 per month and litigation expenses at ₹5,000 under Section 24 of the Hindu Marriage Act.
Whether the quantum of interim maintenance awarded to the wife is exorbitant given the petitioner's claim of supporting his aged parents.
Sri K.S. Mahesh
Smt. Manjula J.
M. Nagaprasanna
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
