Dismissed

Dr. Nagesha Shivanna v. Dr. Rati Kunte

Karnataka HC19 Jan 2026MFA/9120/2025

Case brief

AI extract

What is this about?

On an appeal against an interim maintenance order in divorce proceedings, the High Court held that the appeal was not maintainable as it challenged an interlocutory order passed under Section 24 of the Hindu Marriage Act. Relying on Section 19(1) of the Family Courts Act, 1984, the appeal regarding the stay was dismissed.

What did the court decide?

Stay of the operation and enforcement of the interim maintenance order dated 09.09.2025 was denied with the appeal dismissed.

Dr. Nagesha Shivanna Vs Dr. Rati Kunte — Maintenance and Alimony | Karnataka HC (2026)

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NC: 2026:KHC:2671-DB MFA No. 9120 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19^TH DAY OF JANUARY, 2026

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PRESENT

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THE HON'BLE MR. JUSTICE JAYANT BANERJI

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AND

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THE HON'BLE MR. JUSTICE T.M.NADAF MISCELLANEOUS FIRST APPEAL NO. 9120 OF 2025 (FC)

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BETWEEN:

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DR. NAGESHA SHIVANNA, MALE AGED ABOUT 42 YEARS, S/O LATE MR. SHIVANNA. M., R/O NO. G-01, BLOCK OLIVE, SANKALP CENTRAL PARK, JAWA MAIN ROAD, YADAVAGIRI, MYSURU - 570 020. MOBILE: 98867 55320 E-MAIL: [email protected]

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…APPELLANT

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Digitally Signed by REKHA R Location : High Court of Karnataka

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(BY SRI. SRIPAD S., ADVOCATE) AND:

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DR. RATI KUNTE, FEMALE AGED ABOUT 42 YEARS, W/O DR. NAGESHA SHIVANNA, R/O NO. G-01, BLOCK OLIVE, SANKALP CENTRAL PARK, JAWA MAIN ROAD, YADAVAGIRI, MYSURU - 570 020. MOBILE: 78297 13031

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…RESPONDENT

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(BY SRI. MAHADEVA DESHAK AND SRI. MOHAMMAD ZABIULLA KHAN, ADVOCATES)

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NC: 2026:KHC:2671-DB MFA No. 9120 of 2025

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HC-KAR

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THIS MFA IS FILED UNDER SECTION 19(1) OF FAMILY COURT ACT 1984, READ WITH SECTION 28 OF HINDU MARRIAGE ACT 1955, PRAYING TO STAY THE OPERATION AND ENFORCEMENT OF THE IMPUGNED ORDER DT. 09.09.2025 IN MC.NO. 61/2025 AND STAY ALL FURTHER PROCEEDINGS AND COERCIVE STEPS IN EX.PETITION NO. 93/20205, INCLUDING ISSUANCE OF WARRANTS, ATTACHMENT ORDERS OR ANY OTHER MEASURES U/S 28-A OF THE HINDU MARRIAGE ACT, 1955.

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THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE JAYANT BANERJI

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and

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HON'BLE MR. JUSTICE T.M.NADAF

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ORAL JUDGMENT

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(PER: HON'BLE MR. JUSTICE JAYANT BANERJI)

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Heard learned counsel for the appellant.

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There is an office objection regarding

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maintainability of this appeal, as it is stated to be against an interlocutory order passed by the Family Court.

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The matter relates to proceedings for divorce, in

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which an application I.A.Nos.2 and 4, were filed by the petitioner/respondent-wife for paying interim maintenance and

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3 - NC: 2026:KHC:2671-DB MFA No. 9120 of 2025

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HC-KAR

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educational expenses of minor children. An amount of Rs.75,000/- per month has been directed to be paid towards that effect, in addition to a sum of Rs.20,000/- to be paid towards interim litigation expenses as a one time payment.

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It is evident that the order impugned is interlocutory in nature, being passed in exercise of jurisdiction under Section 24 of the Hindu Marriage Act. Therefore, given the provision of Section 19 of the Family Courts Act, 1984, the instant appeal is not maintainable, being against the interlocutory order. The appeal is therefore, dismissed .

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Sd/(JAYANT BANERJI) JUDGE

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Sd/(T.M.NADAF) JUDGE

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TMP

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List No.: 1 Sl No.: 3 ct-vn

Dr. Nagesha Shivanna v. Dr. Rati Kunte

Case brief

What is this about?

What did the court decide?

Dr. Nagesha Shivanna v. Dr. Rati Kunte

Case brief

What is this about?

What did the court decide?

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