Suraj Sriram Vs Vijayashree R — Karnataka HC (2026) — LawSathi Research

Suraj Sriram Vs Vijayashree R — Karnataka HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Revision petition disposed of: the First Appellate Court's award of interim maintenance of Rs.10,000/- per month to the respondent-wife upheld; petitioner No.1 to pay arrears within one month, failing which the revision petitioners' defence may be struck off; Trial Court to dispose of the main matter within six months; respondent's I.A.Nos.1/2026 and 2/2026 for restoration/recall dismissed.

Issue for consideration

Whether the First Appellate Court erred in reversing the Trial Court's rejection and awarding interim maintenance of Rs.10,000/- per month to the respondent-wife notwithstanding her qualifications and tuition earnings. +2 more

Court's answer

Interim maintenance is only a stop-gap arrangement for the livelihood of the wife; whether she is entitled to interim maintenance and the quantum on merits cannot be decided by this Court at this juncture.

Ratio / Principle

No error in the First Appellate Court's order of interim maintenance of Rs.10,000/- per month: it is the bounden duty of the husband to maintain the unemployed wife; her being a postgraduate cannot come in the way; her unemployment is undisputed, there is no detail of her tuition earnings, and whatever tuition income she earns is to be considered only when the application is decided on merits.

Key takeaways

The contention that interim maintenance of Rs.10,000/- per month is exorbitant cannot be accepted; the Court must take note of the present cost of living, particularly as the respondent-wife stays with her father and the maintenance is only for her livelihood; her salary of Rs.45,000/- per month is not disputed by the petitioners.ratio¶66
No reason to restore the respondent's revision petition (Crl.R.P.No.1013/2025) by condoning the delay of 171 days or to recall the order dated 15.12.2025; I.A.No.1/2026 and I.A.No.2/2026 are dismissed.ratio¶36

Detailed headnote1 paragraphs

Maintenance — Interim maintenance — Stop-gap arrangement — Karnataka High Court (H.P.Sandesh, J.) in CRL.RP No.843 of 2025 (filed under S.397 r/w 401 Cr.P.C.): revision by husband and his parents against the First Appellate Court's judgment dated 03.05.2025 in Criminal Appeal No.1651/2024, which reversed the Trial Court (5th MMTC, order dated 12.09.2024 in Crl.Misc No.146/2023) and granted the wife interim maintenance of Rs.10,000/- per month. Held: (i) interim maintenance is only a stop-gap arrangement for the wife's livelihood; entitlement and quantum are to be decided when the application is taken up on merits; (ii) it is the bounden duty of the husband to maintain the wife who is unemployed — her being a postgraduate and earning some tuition income (Rs.500/- per hour, one student, no details of total earnings) cannot defeat the claim, such income being relevant only at the final stage; (iii) Rs.10,000/- per month is not exorbitant against the husband's undisputed declared salary of Rs.45,000/- per month, taking into account the present cost of living, the wife living with her father, and that the maintenance is solely for her livelihood. Directions: arrears of interim maintenance to be deposited within one month, failing which the revision petitioners' defence may be struck off and the Trial Court may proceed in accordance with law; Trial Court to dispose of the main matter, pending since 2023 with P.W.1's cross-examination concluded from September, 2024, within six months, with both sides and counsel to assist. The respondent-wife's cross-revision Crl.R.P.No.1013/2025 against quantum was not restored: I.A.No.1/2026 (condonation of 171 days' delay) and I.A.No.2/2026 (recall of order dated 15.12.2025) dismissed, the matter having been listed fourth time without compliance of office objections. Revision petition disposed of.