Disposed¶34

Hamsa R v. Siddalingaprasad

Karnataka HC20 Mar 2025WP/31494/2024

Case brief

AI extract

What is this about?

Enhancement of interim maintenance; Section 24 Hindu Marriage Act; Article 227 writ petition (GM-FC); M.C.No.36/2023, Addl. Sr. Civil Judge & JMFC, Gubbi; divorce decree in husband's favour renders enhancement petition non-surviving; Rs.50,000 per month claimed versus Rs.3,000 per month litigation expenses awarded; all contentions and liberties kept open; petitioner at liberty to challenge maintenance order in appropriate proceedings; Karnataka High Court, Pradeep Singh Yerur J, 20.03.2025; petition disposed of.

What did the court decide?

The present petition for enhancement of interim maintenance does not survive, as the main petition for dissolution of marriage has been allowed and decreed in favour of the respondent/husband. ¶25

Hamsa R Vs Siddalingaprasad — Matrimonial and Divorce | Karnataka HC (2025)

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1 - NC: 2025:KHC:11790 WP No. 31494 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 20^TH DAY OF MARCH, 2025

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BEFORE

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THE HON'BLE MR JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO. 31494 OF 2024 (GM-FC)

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BETWEEN:

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HAMSA R, W/O SIDDALINGAPRASAD, AGED ABOUT 43 YEARS, R/AT KAIPETE, GUBBI TOWN, GUBBI TALUK, TUMKUR DISTRICT.

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…PETITIONER

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(BY SRI. PURUSHOTHAMA H.E, ADVOCATE)

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AND:

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Digitally signed by JYOTHI MANJUNATH Location: High Court of Karnataka

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SIDDALINGAPRASAD, S/O LATE GURULINGAPPA, AGED ABOUT 49 YEARS, R/AT KAIPETE, GUBBI TOWN, GUBBI TALUK, TUMKUR DISTRICT.

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…RESPONDENT (BY SMT. SHAMALA, ADVOCATE FOR SRI. V.R. BALARAJ, ADVOCATE FOR C/R)

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THIS WP IS FILED UNDER ARTICLE 227 OF THE

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CONSTITUTION OF INDIA PRAYING TO WRIT AND TO MODIFYING THE ORDER DATED 20.09.24 PASSED IN M.C NO. 36/23 ON IA NO. 1 BY THE ADDL. SR. CIVIL JUDGE AND JMFC

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2 - NC: 2025:KHC:11790 WP No. 31494 of 2024

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AT GUBBI VIDE ANNEXURE-D AND TO ENHANCE THE INTERIM MAINTENANCE AS DEEMED FIT BY THIS HONBLE COURT.

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE PRADEEP SINGH YERUR

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ORAL ORDER

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Learned counsel for the petitioner files a memo along with copy of the judgment in M.C.No.36/2023, which was initiated by the respondent against the petitioner seeking dissolution of their marriage. The petition came to be allowed and marriage of the petitioner and respondent solemnized on 20.10.1997 at Veerashaiva Kalyana Mantapa, J.C. Road, Tumkur District came to be dissolved.

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During the pendency of the divorce petition, the petitioner herein had preferred an application I.A.No.1 under Section 24 of Hindu Marriage Act, seeking interim maintenance against the husband for a sum of Rs.50,000/- per month and litigation expenses. The said application came to be partly

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NC: 2025:KHC:11790 WP No. 31494 of 2024

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allowed only awarding litigation expenses of Rs.3,000/- per month, which is challenged before this Court.

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In view of the main petition for dissolution of marriage being allowed, the present petition for enhancement of interim maintenance would not survive as the main petition itself is decreed in favour of he respondent/husband.

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Learned counsel for the petitioner submits that he would challenge and question the order in the appropriate proceedings before this Court.

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The memo and documents submitted by learned

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counsel for the petitioner are taken into record.

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Learned counsel for the respondent is present. In view of the respondent being present, she does not dispute the judgment and decree of divorce granted by the Addl. Senior Civil Judge & JMFC., Gubbi.

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