Jawahar R S Vs Savitha Sarangapani — Writ and Judicial Review | Karnataka HC (2026)

Jawahar R S Vs Savitha Sarangapani — Writ and Judicial Review | Karnataka HC (2026)

What the court decided

AI extract

Outcome

Writ Petition No.23302/2025 allowed: the Family Court order dated 02.12.2024 on I.A.No.VI in M.C.No.7145/2022 modified — visitation venue clause replaced with 'at any public place at Bengaluru or at the house of petitioner/father', and the father granted custody of the children every day 10.00 a.m. to 05.00 p.m. for one week during summer vacation 2026; proceedings in I.A.No.1/2025 closed. Writ Petition No.23269/2025 (interim maintenance challenge) dismissed, the Family Court's order of `20,000/- per month interim maintenance being upheld.

Issue for consideration

Whether the interim maintenance of `20,000/- per month directed by the Family Court (on I.A.No.III in M.C.No.7145/2022) towards the maintenance of the respondent/wife and the children suffers from any infirmity, considering the financial status and constraints of both parties. +1 more

Court's answer

The High Court found no infirmity in the Family Court's decision directing the petitioner/husband to pay interim maintenance of `20,000/- per month towards the maintenance of his wife and children; consequently, the challenge to that order in Writ Petition No.23269/2025 failed.

Ratio / Principle

Writ Petition No.23302/2025 was allowed and the Family Court's order dated 02.12.2024 on I.A.No.VI in M.C.No.7145/2022 was modified: at points 2 and 3 of the operative portion of the impugned order, the venue clause 'at any public place near the house of petitioner' was substituted with 'at any public place at Bengaluru or at the house of petitioner/father'.

Key takeaways

The petitioner/father was permitted to have the custody of the children every day from 10.00 a.m. to 05.00 p.m. for a period of one week during the summer vacation of the year 2026.ratio¶76
Writ Petition No.23269/2025 (challenge to the interim maintenance order on I.A.No.III) was dismissed.ratio¶77
In light of the disposal of Writ Petition No.23302/2025, the proceedings in I.A.No.1/2025 were closed.obiter

Detailed headnote1 paragraphs

Karnataka High Court (Dr. Justice Chillakur Sumalatha), order dated 11.02.2026 — Twin writ petitions under Article 227 of the Constitution (GM-FC) by a husband against orders dated 02.12.2024 of the II Additional Principal Judge, Family Court, Bengaluru, on I.A.No.III and I.A.No.VI in M.C.No.7145/2022. (1) Interim maintenance: the Family Court had allowed I.A.No.III in part, directing `20,000/- per month towards maintenance of the wife and children plus `30,000/- one-time litigation expenses (against a claim of `81,000/- per month and `1,00,000/-). Considering the rental income of the wife (`60,000/- per month, not denied) and the husband's constraints (home-loan EMIs, school fees), the High Court found no infirmity in the maintenance order and DISMISSED W.P.No.23269/2025. (2) Visitation: the Family Court had confined visits to public places near the wife's residence; with the respondent's counsel conceding no objection to visits to the father's house or anywhere in Bengaluru, the High Court ALLOWED W.P.No.23302/2025 and modified the impugned order — substituting 'at any public place near the house' with 'at any public place at Bengaluru or at the house of petitioner/father' — and granted the father custody of the children every day from 10.00 a.m. to 05.00 p.m. for one week during summer vacation 2026. Proceedings in I.A.No.1/2025 closed.

NC: 2026:KHC:8422 WP No. 23269 of 2025 C/W WP No. 23302 of 2025

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HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 11^TH DAY OF FEBRUARY, 2026

BEFORE

THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA WRIT PETITION NO.23269 OF 2025 (GM-FC) C/W WRIT PETITION NO.23302 OF 2025 (GM-FC)

IN WP No. 23269/2025:

BETWEEN:

JAWAHAR R. S., SON OF R SIVARAMAN, AGED ABOUT 49 YEARS, NO. 23, TOOTH DENTAL CLINIC, ASHOKA ROAD, ST. THOMAS TOWN, BANGALORE - 560 084.

Digitally signed PRESENTLY AT: by AASEEFA PARVEEN "BETHEL" NO. 40, FIRST FLOOR, Location: HIGH COURT OF HUTCHINS ROAD, 6TH CROSS, KARNATAKA ST. THOMAS TOWN POST, BANGALORE - 560 084. …PETITIONER

(BY SRI. THIMMAIAH, ADVOCATE FOR SRI. JOSHUA HUDSON SAMUEL, ADVOCATE)

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AND:

SAVITHA SARANGAPANI, WIFE OF MR. JAWAHAR R. S., DAUGHTER OF SARANGAPANI M, AGED 50 YEARS, RESIDING AT NO. 23, TOOTH DENTAL CLINIC, ASHOKA ROAD, ST. THOMAS TOWN, BANGALORE - 560 084.

…RESPONDENT

(BY SRI. RAJESH MOHANDAS, ADVOCATE FOR SMT.SONIA RAJESH, ADVOCATE)

THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF

THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS IN M.C.NO.7145/2022 ON THE FILE OF SECOND ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, BANGALORE AND AFTER EXAMINING THE LEGALITY AND VALIDITY OF THE ORDERS DATED 02.12.2024 PASSED ON I.A. NO.3, BE PLEASED TO QUASH THE ORDER DATED 02.12.2024 PASSED ON I.A. NO.3 IN M.C.NO.7145/2022 ON THE FILE OF SECOND ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, BANGALORE, PRODUCED AT ANNEXURE-A AND ETC.

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IN WP NO. 23302/2025:

BETWEEN:

JAWHAR R. S., SON OF R. SIVARAMAN, AGED ABOUT 49 YEARS, NO.23, TOOTH DENTAL CLINIC, ASHOKA ROAD, ST. THOMAS TOWN, BANGALORE - 560 084.

PRESENTLY AT: BETHEL NO.40, FIRST FLOOR, HUTCHINS ROAD, 6TH CROSS, ST. THOMAS TOWN POST, BANGALORE - 560 084.

...PETITIONER

(BY SRI. THIMMAIAH, ADVOCATE FOR SRI. JOSHUA HUDSON SAMUEL, ADVOCATE)

AND:

SAVITHA SARANGAPANI, WIFE OF MR. JAWAHAR R.S., DAUGHTER OF SARANGAPANI M., AGED ABOUT 50 YEARS, RESIDING AT NO.23, TOOTH DENTAL CLINIC,

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ASHOKA ROAD, ST. THOMAS TOWN, BANGALORE - 560 084.

...RESPONDENT

(BY SRI. RAJESH MOHANDAS, ADVOCATE FOR SMT.SONIA RAJESH, ADVOCATE)

THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS IN M.C. NO.7145/2022 ON THE FILE OF SECOND ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, BANGALORE AND AFTER EXAMINING THE LEGALITY AND VALIDITY OF THE ORDERS DATED 02.12.2024 PASSED ON I.A. NO.6, BE PLEASED TO SET ASIDE THE ORDER DATED 02.12.2024 PASSED ON I.A. NO.6 IN M.C. NO.7145/2022 ON THE FILE OF SECOND ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, BANGALORE, PRODUCED AT ANNEXURE-A AND ETC.

THESE PETITIONS ARE COMING ON FOR PRELIMINARY HEARING B-GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA

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ORAL ORDER

Heard Sri.Thimmaiah who represents Sri.Joshua Hudson Samuel, learned counsel on record for the petitioner in both the writ petitions, as well as Sri.Rajesh Mohandas who represents Ms.Sonia Rajesh, learned counsel on record for the respondent in both the writ petitions.

Husband has filed these two writ petitions against his wife. In Writ Petition No.23269/2025, he challenges the order that is rendered I.A.No.III, and in Writ Petition No.23302/2025, he challenges the order that is rendered on I.A.No.VI in M.C. No. 7145/2022 dated 02.12.2024.

I.A. No.III is filed by the respondent/wife

seeking the Court to direct the petitioner/husband to pay her a sum of 81,000/- per month towards interim maintenance besides litigation expenses of 1,00,000/-.

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I.A.No.VI is filed by the petitioner/husband

seeking visitation rights of his children, to spend 50% of the vacation with them, to connect the children through video calls and to spend time with them on their birthday and festivals.

The Court of II Additional Principal Judge, Family Court, Bengaluru, allowed I.A.No.III in part and directed the petitioner/husband to pay interim maintenance of 20,000/per month to the respondent/wife and her children. He was also ordered to pay one time litigation expenses of 30,000/-. Orders were also rendered on I.A.No.VI, permitting petitioner/husband

to connect with children through video calls on every Saturday between 08.00 p.m. and 09.00 p.m. and to visit children on every second and fourth Sunday from 10.00 a.m. to 05.00 p.m. at any public place near the house of respondent/wife. He was also permitted to celebrate children's birthday from 05.00 p.m. to 07.00 p.m. in any public place near the house of respondent/wife. He was

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also permitted to visit his children on 29.12.2024 from 11.00 a.m. to 05.00 p.m. at any public place to celebrate Christmas festival.

So far as grant of interim maintenance is concerned, learned counsel for the petitioner/husband submits that petitioner is looking after each and every necessity of the children and he is paying school fee too. Respondent/wife is getting rental income of more than 60,000/- per month and the said amount is sufficient for her to maintain herself as well as the children. On the other hand petitioner is required to pay EMIs. on the two home loans he obtained and thus on paying EMIs, and school fee to the children, not much will be left to him for his sustenance and therefore, he cannot pay a sum of 20,000/- again to respondent/wife and the children as interim maintenance.

Contradicting the said submission, learned counsel for respondent submits that though petitioner is

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paying the school fee, respondent is paying a sum of `21,000/- for the tuitions. Learned counsel states that besides that she is incurring huge expenditure at home for which purpose she even pledged her gold ornaments and took hand loans from the relatives.

There is no denial of the fact that respondent is receiving rental income of around `60,000/- per month. Also there is no denial of the fact that petitioner is taking care of the educational expenses of his children to the extent of paying school fee. The submission of learned counsel for the petitioner is that, petitioner is paying the required amount for transportation of children too. There is no material on record to show that respondent has got any other source of earnings apart from the said rental income. On the other hand petitioner as a Dentist and has got his own source of earnings.

Having considered the financial status of both

parties and the constraints of the petitioner/husband,

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though respondent/wife sought a sum of 81,000/- per month towards interim maintenance, Family Court directed him to pay a sum of 20,000/- only per month towards the maintenance of his wife and children. This Court does not find any infirmity in the decision thus taken by the Family Court.

Now coming to the visitation rights, learned counsel for the petitioner submits that petitioner being the father of the children should be given liberty to take the children either to his house or to any place as per his choice and the wish of children. The Family Court restricted the place of visit to any public place that too near the house of respondent/wife. Learned counsel for respondent states that respondent has no objection to permit the petitioner to take with him the children either to his house or anywhere within the city of Bengaluru. Learned counsel submits that the girl child however, intends to meet her father only if she is accompanied by her brother.

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HC-KAR

Thus, taking into consideration the submissions made by both the learned counsel, both the writ petitions are disposed of with the following

ORDER

i) Writ Petition No.23302/2025 is allowed and thereby the order that is rendered by the Court of II Additional Principal Judge Family Court, Bengaluru, on I.A.No.VI in M.C.No.7145/ 2022 dated 02.12.2024 is modified.

ii) At point No.2 and point No.3 of the operative portion of impugned order, 'at any public place near the house of petitioner', be substituted with 'at any public place at Bengaluru or at the house of petitioner/father'.

iii) Petitioner/father is permitted to have the custody of children on every day from 10.00 a.m. to 05.00 p.m. for a period of one week during summer vacation of the year 2026.

iv) Writ Petition No.23269/2025 is dismissed.

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In the light of disposal of Writ Petition No.23302/2025, the proceedings in I.A.No.1/2025 are closed.

Sd/(DR.CHILLAKUR SUMALATHA) JUDGE

AP CT:TSM List No.: 1 Sl No.: 47