Prashanth S Vali Vs Smt Vishala (Bhagya) — Maintenance and Alimony | Karnataka HC (2025)

Prashanth S Vali Vs Smt Vishala (Bhagya) — Maintenance and Alimony | Karnataka HC (2025)

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NC: 2025:KHC:29900 WP No. 27725 of 2024

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 1^ST DAY OF AUGUST, 2025

BEFORE

THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI

WRIT PETITION NO.27725 OF 2024 (GM-FC)

BETWEEN:

PRASHANTH S VALI S/O VALI SHIVAYOGI AGED ABOUT 43 YEARS RESIDING AT NO.236, 12^TH MAIN JNANABHAATHI LAYOUT 2^ND STAGE, BENGALURU SOUTH BENGALURU - 560056

WORKING PALACE SHOWN IN PETITION Syrve NO. 88/3, 88/4 BASAVANAHALLI, KASABA HOBLI NELMANGALA TALUK BENGALURU - 562 123

Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA

(BY SRI G J SUNKAPUR, ADVOCATE)

AND:

…PETITIONER

SMT VISHALA (BHAGYA) W/O PRASHANTH S VALI D/O BANDEPPA KATAGI AGED ABOUT 37 YEARS R/AT NO.2257/2, MCC ‘A’ BLOCK CHURCH ROAD, DAVANAGERE - 577 004 AND NO.935, 3^RD CROSS, 1^ST PHASE CHANDRA LAYOUT BEHIND SKYLINE APARTMENT BENGALURU - 560001

…RESPONDENT

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NC: 2025:KHC:29900 WP No. 27725 of 2024

HC-KAR

THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF IDNAI PRAYING TO SET ASIDE THE IMPUGNED ORDER DTD. 03.05.2024 ON I.A.NO.2 IN CRL. MISC.NO.826/2022 PASSED BY THE IV ADDL. PRL. JUDGE, FAMILY COURT AT BENGALURU AT ANNEXURE-G AND ETC.

THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI

ORAL ORDER

The present writ petition is filed aggrieved by the order passed on I.A.No.II in Crl. Misc. No.826/2022 dated 03.05.2024 by the IV Additional Principal judge, Family Court, Bangalore. Whereby, the Court had granted maintenance of an amount of Rs.10,000/- per month.

It is the case of the husband that wife is living in adultery. As such, she is not entitled for maintenance. While granting maintenance to the wife, the Court has observed that at this stage, there is no material to make out that the wife is having illicit relationship or there is any document to make out that she has sufficient source of income. Accordingly, the Family Court has granted maintenance of an amount of Rs.10,000/- per month.

3 - NC: 2025:KHC:29900 WP No. 27725 of 2024

HC-KAR

Learned counsel for the petitioner submits that

there is enough material before the Court to show that the wife is living in adultery. Learned counsel submits that as the wife is living in adultery, she is not entitled for maintenance and these aspects were not considered by the Court.

On perusal of the records, it discloses that the husband has already filed MC petition seeking divorce on the ground of adultery and cruelty and the same is pending consideration. The wife had filed criminal miscellaneous petition seeking maintenance. In the criminal miscellaneous under Section 125(1) of Cr.P.C., the proceedings are summary in nature. In those proceedings, the Court will not be deciding about the adultery or the other factors as that would be decided by way of full-fledged trial in the pending MC. In that case, the Court had passed an order granting maintenance of an amount of Rs.10,000/- to the wife. In those circumstances, this Court cannot find fault with the said order.

It is always open to the parties to adjudicate all these issues in the pending MC. In view of the matter, this Court finds no reason to interfere with the well considered

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NC: 2025:KHC:29900 WP No. 27725 of 2024

HC-KAR

order passed by the Family Court. Accordingly, this Court is

passing the following:

ORDER

i. The writ petition is dismissed.

ii. All I.As. in this writ petition shall stand closed.

SD/(LALITHA KANNEGANTI) JUDGE

SN

List No:1/Sl.No.:22