Disposed

Yogish M S v. Smt. Jayashree M a

Karnataka HC8 Apr 2026RP/413/2025

Case brief

AI extract

What is this about?

Review of a writ order in a maintenance matter. The Court clarified that maintenance is payable from the date of the wife's application for maintenance (I.A. filed 2023), not from the date of filing of the husband's M.C. in 2016, and disposed of the review petition.

What did the court decide?

Clarification that maintenance runs from the date of the wife's maintenance application; pending I.As. closed.

Yogish M S Vs Smt. Jayashree M a — Maintenance and Alimony | Karnataka HC (2026)

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NC: 2026:KHC:19405 RP No. 413 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 8^TH DAY OF APRIL, 2026

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BEFORE

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THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI

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REVIEW PETITION NO. 413 OF 2025

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BETWEEN:

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YOGISH M.S., S/O LATE SUBBOJI RAO M.K., AGED ABOUT 38 YEARS NO. 2, AISHWARYA NILAYA 4^TH MAIN ROAD BALAJI LAYOUT BADRAPA LAYOUT MAIN ROAD BANGALORE -560 094

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…PETITIONER

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(BY SRI. SAILESH S KATAREY, ADVOCATE)

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AND:

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Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA

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SMT. JAYASHREE M.A., W/O YOGISH M.S., AGED ABOUT 33 YEARS COUNCILOR SIDDAMMA HOUSE LAKSHMIPURA ARSIKERE -573 103

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…RESPONDENT

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(BY SRI.LOKESH KUMAR K.S., ADVOCATE)

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THIS REVIEW PETITION FILED UNDER SECTION.114 R/W ORDER 47 RULE 1 OF CPC 1908, PRAYING TO REVIEW THE ORDER DATED 19.07.2024, WHICH WAS PASSED BY THIS HONBLE COURT AND IS PRODUCED AS ANNEXURE - A, IN THE INTEREST OF JUSTICE AND EQUITY.

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NC: 2026:KHC:19405 RP No. 413 of 2025

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HC-KAR

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI

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ORAL ORDER

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The present writ petition is filed seeking review of the order passed by this Court in WP.No.17506/2023 dated 19.07.2024, which reads thus:

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i. “Within one week from the date of receipt of copy of the order, the wife shall file the details of the amount that is received by her and the husband if at all wants to file any objections, within one week from there on, he shall file his objections.

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ii. If the arrears are cleared by the husband, M.C. shall be disposed off within a period of two months from the date the amounts are cleared.

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iii. Accordingly, the writ petition disposed off.”

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Learned counsel appearing for the petitioner/husband

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submits that the M.C petition is filed in the year 2016 and the I.A.No.1 is filed for maintenance on 10.01.2023. It is submitted

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that now as the order earlier passed by this Court is silent with regard to the date from which the wife is entitled to maintenance, now it is calculated from the date of filing of the MC. It is submitted that in the light of the settled law, the interim maintenance shall be granted from the date of filing of

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NC: 2026:KHC:19405 RP No. 413 of 2025

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HC-KAR

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the application but not from the date of filing of the divorce case.

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Learned counsel appearing for the respondent/wife submits that the wife had filed a criminal petition seeking maintenance and from the last 10 years they have not paid any maintenance. It is submitted that if any order is passed in this case, it would have an impact in the other case where in that case Trial Court has ordered maintenance from the date of petition. If any view is taken by this Court, it is going to have an impact on the recovery proceedings.

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Having heard the learned counsels on either side, perused the material on record. This Court has not interfered with the order of maintenance passed by the Family Court. But it is true that it is not mentioned in the order from which date

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the wife is entitled for maintenance. When the M.C is filed in the year 2016 and the wife files an I.A in the year 2023 she is entitled for maintenance from the date of application and not from the date of the M.C that is filed by the husband. This clarity is not there in the order. In the considered opinion of the

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NC: 2026:KHC:19405 RP No. 413 of 2025

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HC-KAR

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Court, that clarification is required in the order. In that view of the matter this Court is passing the following:

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ORDER

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i. Accordingly, the order passed in WP.No.17506/2023 dated 19.07.2024, it is clarified that the amount of maintenance is from the date of application filed by the wife seeking maintenance, but not from the date the MC is filed.

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ii. Accordingly, the review petition is disposed off. iii. Pending I.As. in the review petition shall stand closed.

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SD/(LALITHA KANNEGANTI)

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JUDGE

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List No.: 1 Sl No.: 10

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Yogish M S v. Smt. Jayashree M a

Case brief

What is this about?

What did the court decide?

Yogish M S v. Smt. Jayashree M a

Case brief

What is this about?

What did the court decide?

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