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Monika M a Vs Nithan G K. — Matrimonial and Divorce | Karnataka HC (2026)

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Karnataka HC
2026
Monika M a Vs Nithan G K.Monika M a v. Nithan G K.

Dismissed¶¶36

Monika M a v. Nithan G K.

Karnataka HC6 Jul 2026WP/35772/2025

Case brief

AI extract

What is this about?

Single-judge oral order, High Court of Karnataka at Bengaluru, Hon'ble Mrs. Justice P Sree Sudha, dated 06-07-2026, Writ Petition No. 35772 of 2025 (GM-FC): wife's (Monika M.A.) challenge to the Senior Civil Judge & JMFC Virajpet order dated 02.08.2025 (I.A.No.II in M.C.No.44/2023, husband's divorce petition) refusing her Rs.25,000/- per month interim maintenance under Section 24, Hindu Marriage Act, 1955 r/w Section 151, C.P.C fails; writ dismissed and trial Court order confirmed, both spouses being earners (wife Rs.40,000 p.m. as Store Manager; husband Rs.29,380/- p.m. per May 2020 service certificate; husband also stated to own coffee estate with alleged annual income over Rs.10 lakhs). Minor child already receives Rs.5,000/- p.m. with 5% yearly escalation plus Rs.50,000/- educational expenses under order dated 20.06.2024 in Cr.M.C.No.193/2019 (Ponnampet), stated to be complied with. Relevant searches: interim maintenance where wife has independent income; Section 24 HMA; GM-FC writ; Virajpet/Ponnampet family courts.

What did the court decide?

The fact that both the petitioner/wife and the respondent/husband are earning was not in dispute, and accordingly the maintenance application filed by the petitioner/wife in M.C.No.44/2023 stood dismissed by the trial Court. ¶¶35

What the court decided

AI extract

Outcome

Dismissed

Issue for consideration

Whether the order dated 02.08.2025 passed by the Senior Civil Judge & JMFC, Virajpet dismissing I.A.No.II filed by the petitioner/wife for interim maintenance of Rs.25,000/- per month in M.C.No.44/2023 (under Section 24 of the Hindu Marriage Act, 1955 r/w Section 151 of C.P.C) should be set aside and the application allowed.

Court's answer

The fact that both the petitioner/wife and the respondent/husband are earning was not in dispute, and accordingly the maintenance application filed by the petitioner/wife in M.C.No.44/2023 stood dismissed by the trial Court.

Ratio / Principle

This Court finds no reason to interfere with the trial Court's order dismissing the interim maintenance application.

Detailed headnote1 paragraphs

Writ petition dismissed — High Court of Karnataka (Hon'ble Mrs. Justice P Sree Sudha, single judge, 06-07-2026) declines to interfere with the order dated 02.08.2025 of the Senior Civil Judge & JMFC, Virajpet dismissing I.A.No.II filed by the wife in M.C.No.44/2023 (divorce suit instituted by the husband) seeking interim maintenance of Rs.25,000/- per month under Section 24 of the Hindu Marriage Act, 1955 r/w Section 151 of C.P.C. The Court proceeded on the footing that the fact both spouses are earning was not in dispute — the trial Court had recorded the wife's salary of Rs.40,000 per month as Store Manager and the husband's income of Rs.29,380/- per month — and found no reason to interfere with the dismissal. Earlier, in Cr.M.C.No.193/2019, the Ponnampet Court had by order dated 20.06.2024 granted the minor child Rs.5,000/- per month with 5% yearly enhancement and Rs.50,000/- towards educational expenses, which the husband is stated to be regularly complying with.

A

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NC: 2026:KHC:34026 WP No. 35772 of 2025

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 6^TH DAY OF JULY, 2026

BEFORE

THE HON'BLE MRS. JUSTICE P SREE SUDHA WRIT PETITION NO. 35772 OF 2025 (GM-FC)

BETWEEN:

MONIKA M.A., W/O NITHAN G.K, AGED ABOUT 34 YEARS, PRESENTLY R/AT DOOR NO.1246, CHAITHRA NILAYA, CHRISTIANS COLONY, RAJEEV NAGAR, SECOND STAGE, UDAYAGIRI POST, MYSORE DISTRICT, KARNATAKA - 570 019. …PETITIONER (BY SRI. DHANANJAY KUMAR., ADVOCATE) AND:

NITHAN G K., Digitally S/O KUTTAPPA G.P, signed by AGED ABOUT 36 YEARS, PADMASHREE R/AT BIRUNANI POST, SHEKHAR DESAI HUDIKERI HOBLI, PONNAMPET TALUK, Location: High KODAGU DISTRICT, Court of Karnataka KARNATAKA - 571 249. …RESPONDENT (BY SRI. MOHANA CHANDRA P., ADVOCATE)

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED 02.08.25 PASSED BY THE SENIOR CIVIL JUDGE AND JMFC VIRAJPET ON I.A. NO.2 FILED BY THE PETITIONER

2 - NC: 2026:KHC:34026 WP No. 35772 of 2025

HC-KAR

HEREIN UNDER SECTION 24 OF THE HINDU MARRIAGE ACT, 1955 R/W SECTION 151 OF C.P.C IN M.C.NO.44/2023 VIDE ANNEXURE-A AND ALLOW THE SAID APPLICATION AND ETC.,

THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA

ORAL ORDER

This writ petition is filed against the order dated 02.08.2025, passed on I.A.No.II by the Senior Civil Judge & JMFC., Virajpet (for short 'trial Court'), in M.C.No.44/2023. Petitioner/wife has filed an application before the trial Court seeking interim maintenance of Rs.25,000/- per month. The trial Court considering the entire evidence on record, dismissed the application. Being aggrieved by the said order, wife/petitioner preferred this writ petition.

Learned counsel for the petitioner submits that the marriage of the petitioner with the respondent was performed on 01.06.2014 and they are blessed with a female child on 20.09.2016. Due to the harassment and ill-treatment by the

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NC: 2026:KHC:34026 WP No. 35772 of 2025

HC-KAR

respondent, petitioner gave complaint against respondent on 16.09.2019 and from then onwards, they are residing separately and the minor child is residing with her/wife.

Further, the petitioner/wife filed

Cr.M.C.No.193/2019, before learned Civil Judge & J.M.FC., Ponnampet. By the order dated 20.06.2024, the said Court directed the respondent/husband to pay maintenance of Rs.5,000/- per month to the minor child from the date of the petition, with yearly enhancement of 5% on the maintenance of preceding year, to beat the inflation and also directed to pay Rs.50,000/- towards educational expenses. It is stated that the respondent/husband is complying with the said order. Now, the petitioner is requesting this Court to set aside the order.

It is also stated that respondent/husband is a Government employee, working in Revenue Department. Apart from that, he also owns coffee estate and earns annual income of more than Rs.10 lakhs. It is further stated that petitioner is suffering from PCOD, thyroid problem and is taking regular treatment but trial Court dismissed the said application without appreciating the facts properly.

4 - NC: 2026:KHC:34026 WP No. 35772 of 2025

HC-KAR

The respondent/ husband also filed a divorce petition in M.C.No.44/2023. In the present petition, the petitioner/wife has requested for stay of proceedings in M.C.No.44/2023.

In Crl.M.C.No.193/2019, filed by the petitioner/wife claiming maintenance to herself and child, the trial Court has observed that the petitioner is drawing a salary of Rs.40,000 per month by working as a Store Manager. It directed the respondent/husband to pay Rs.5,000/towards the maintenance of minor child and Rs.50,000/towards educational expenses. It is stated that he is regularly complying the said order. It is also stated that the respondent/husband is paying Rs.7,000/to his parents. As the petitioner/wife is having independent source of income and support, the application is rightly dismissed by the trial Court.

The trial Court in paragraph No.29 of the order passed in Cr.M.C.No.193/219 has mentioned regarding the previous work of the petitioner/wife wherein, it is stated that she was working in Mahindra Retail Company Ltd. and earning

5 - NC: 2026:KHC:34026 WP No. 35772 of 2025

HC-KAR

Rs.26,011/- per month, whereas, the respondent/husband is getting Rs.29,380/- per month as per service certificate of May 2020. Since both of them are working, maintenance was granted only to the minor child.

Be that as it may, the fact that both of them are earning was not in dispute, and accordingly, the maintenance application filed by the petitioner/wife in M.C.No.44/2023 was dismissed by the trial Court. This Court finds no reason to interfere with the said order.

In the result, writ petition is dismissed by confirming the

order dated 02.08.2025, passed on IA.No.II in M.C.No.44/2023, by the trial Court.

Sd/(P SREE SUDHA) JUDGE

PSJ

List No.: 2 Sl No.: 34

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether the order dated 02.08.2025 passed by the Senior Civil Judge & JMFC, Virajpet dismissing I.A.No.II filed by the petitioner/wife for interim maintenance of Rs.25,000/- per month in M.C.No.44/2023 (under Section 24 of the Hindu Marriage Act, 1955 r/w Section 151 of C.P.C) should be set aside and the application allowed.¶¶11
The court held
The fact that both the petitioner/wife and the respondent/husband are earning was not in dispute, and accordingly the maintenance application filed by the petitioner/wife in M.C.No.44/2023 stood dismissed by the trial Court.ratio¶¶35

Statutes considered

3 provisions across 3 enactments

AI extract

Constitution of IndiaArticle 226; Article 227¶¶11
Hindu Marriage Act, 1955Section 24¶¶14
SECTION 151 OF C.P.CSection 151¶¶14

Procedural history

How this case reached the court

AI extract

Order under challenge
Dismissal of I.A.No.II filed by the petitioner/wife seeking interim maintenance of Rs.25,000/- per month under Section 24 of the Hindu Marriage Act, 1955 r/w Section 151 of C.P.C in M.C.No.44/2023¶¶18
Senior Civil Judge & JMFC, Virajpet · 02.08.2025
Prior proceeding
Marriage of the petitioner and respondent performed on 01.06.2014; a female child born on 20.09.2016.¶¶19
Prior proceeding
After the petitioner's complaint dated 16.09.2019, the spouses have been residing separately; the minor child resides with the mother.¶¶23
Prior proceeding
Maintenance case Cr.M.C.No.193/2019 before the Civil Judge & JMFC, Ponnampet: by order dated 20.06.2024 the respondent/husband was directed to pay the minor child Rs.5,000/- per month from the date of the petition, with yearly enhancement of 5%, and Rs.50,000/- towards educational expenses; the respondent is stated to be complying with the order.¶¶25
Prior proceeding
The respondent/husband filed a divorce petition in M.C.No.44/2023 — the same case in which the petitioner's interim-maintenance application (I.A.No.II) was made and dismissed.¶¶29
Prior proceeding
Per paragraph 29 of the trial Court's order in Cr.M.C.No.193/2019, the petitioner's previous work was at Mahindra Retail Company Ltd. with monthly earnings of Rs.26,011/-, while the respondent/husband was getting Rs.29,380/- per month per service certificate of May 2020.¶¶34
Prior proceeding
In Cr.M.C.No.193/2019, because both spouses were working, maintenance was granted only to the minor child.¶¶34

Parties & counsel

AI extract

petitioner
MONIKA M.A.¶¶9
Dhananjay Kumar
respondent
NITHAN G K.¶¶10
Mohana Chandra P.

Coram

AI extract

P Sree Sudhaauthor¶¶16

Case details

As recorded by the court registry

Court: Karnataka HC
Decided on: 6 Jul 2026 · July
Registered: 26 Nov 2025
Case no.: WP/35772/2025
CNR: KAHC010764442025
Topic: Matrimonial and Divorce
Bench: P Sree Sudha
Disposal: DISMISSED
Case type: WRIT PETITION

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Cite this judgement

Monika M a v. Nithan G K., WP/35772/2025 (KA), decided on 6 July 2026.

The High Court of Karnataka publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes3

Constitution of IndiaArticle 226; Article 227
Hindu Marriage Act, 1955Section 24
SECTION 151 OF C.P.CSection 151

View all statutes

Procedural history7

Dismissal of I.A.No.II filed by the petitioner/wife seeking interim maintenance of Rs.25,000/- per month under Section 24 of the Hindu Marriage Act, 1955 r/w Section 151 of C.P.C in M.C.No.44/2023Senior Civil Judge & JMFC, Virajpet · 02.08.2025
Marriage of the petitioner and respondent performed on 01.06.2014; a female child born on 20.09.2016.
After the petitioner's complaint dated 16.09.2019, the spouses have been residing separately; the minor child resides with the mother.

View full history

Bench / Coram

P Sree Sudha

Parties & counsel