Cross writ petitions by husband and wife against Family Court order granting interim monthly maintenance of Rs.10,000/- each to wife and child in pending divorce proceedings under Section 24 of the Hindu Marriage Act. High Court held wife continued earning while husband earned more and both petitions were dismissed.
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NC: 2026:KHC:25661 WP No. 5911 of 2026 C/W WP No. 39816 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF JUNE, 2026
BEFORE
THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA WRIT PETITION NO. 5911 OF 2026 (GM-FC)
C/W
WRIT PETITION NO. 39816 OF 2025 (GM-FC) IN WP No. 5911/2026
BETWEEN:
SRI. H. UMASHANKAR AGED ABOUT 50 YEARS, S/O. SRI. HULLURAIAH, R/A. NO. 8, 80 FEET ROAD, CHANDRA LAYOUT, BANGALORE - 560 040.
…PETITIONER
Digitally signed by AASEEFA PARVEEN Location: HIGH COURT OF KARNATAKA
(BY SRI. PRATHYUSHA M. SHANUBOG, ADVOCATE)
AND:
SMT. MANJULA B.R., AGED ABOUT 45 YEARS, D/O. RUDRAMADAIAH, NO. 10, 'G' STREET, 1ST MAIN ROAD, NEW GUDDADAHALLI, BANGALORE - 560 026.
…RESPONDENT
(BY SRI. MUNI REDDY M.N, ADVOCATE)
NC: 2026:KHC:25661 WP No. 5911 of 2026 C/W WP No. 39816 of 2025
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THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 06/11/2025 PASSED ON IA NOS. 19 IN MC NO. 5052/2014 BY THE LEARNED II ADDL. FAMILY JUDGE, BENGALURU ANNX-E AND TO GRANT INTERIM STAY OF THE OPERATION OF THE SAID ORDER AND ETC.,
IN WP NO. 39816/2025
BETWEEN:
SMT. MANJULA D/O SRI. RURAMADAIAH W/O SRI. UMASHANKAR AGED ABOUT 37 YEARS R/AT NO. 10, "G" STREET 1ST MAIN ROAD, NEW GUDDADAHALLI BANGALORE - 560 026.
...PETITIONER
(BY SRI. MUNI REDDY M.N, ADVOCATE)
AND:
SRI. H. UMASHANKAR S/O SRI. HULLURAIAH AGED ABOUT 42 YEARS R/AT NO. 8, 80 FEET ROAD CHANDRA LAYOUT BANGALORE - 560 040.
...RESPONDENT
(BY MISS. PRATHYUSHA M. SHANUBOG, ADVOCATE)
THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 06.11.20 PASSED ON IA NO. 19 IN M.C. NO. 5052/2014 ON THE FILE OF COURT OF IIND ADDITIONAL PRL. JUDGE, BANGALORE IN SO FAR AS NOT GRANTING THE MAINTENANCE TO BOTH PETITIONER AND THE CHILD,
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AS PER ANNEXURE - A AND ETC.,
THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
ORAL ORDER
Heard Sri. Prathyusha.M Shanubog learned counsel for the petitioner in writ petition No.5911/2026 who is also representing the respondent in the connected matter. Also heard Sri.Muni Reddy M.N learned counsel for the respondent in writ petition No.5911/2026 who is also representing the petitioner in writ petition No.39816/2025.
to both the writ petitions will hereinafter be referred to as wife and husband.
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towards litigation expenses.
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filed I.A No.7 seeking maintenance and I.A No.11 for the educational expenses of her son. I.A No.7 stood dismissed on the ground that she is working in the NTT Data Global Delivery Services Private Limited. I.A No.11 was allowed in part and a direction was given to her husband to meet the educational expenses of her son. She challenged the orders passed on I.A 7 and I.A 11 before this Court. But due to change of circumstances she withdrew both the writ petitions. Due to her son's education she resigned the job and her resignation was accepted. She has to spend huge amount for the educational expenses of her son and to maintain him. Therefore, her husband is required to pay a sum of Rs.75,000/- per month towards her maintenance as well as maintenance of her son and Rs.50,000/towards litigation expenses.
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reconciliation. Though he is an advocate by profession he is struggling to stabilize his source of earnings. Except meager earnings from the profession he has no other source of income. That apart, the land stands in the name of his father and he bequeathed the same in favour of his daughters during his lifetime and thereby he has no right or title over the same. Further he is meeting the educational expenses of his son promptly. His wife is an MBA graduate, is working in a multinational company and her work experience is more than 18 years. The Court summoned the salary certificate of his wife from her employer and the said salary certificate reveal that she was drawing more than Rs.70,000/- per month during 2018-2019. As of now she may be drawing around Rs.1,50,000/- per month. Her contention that she resigned from the job is false.
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by the husband seeking the Court to quash the impugned order.
A portion of the land was converted into residential plots
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and they are being sold. The amount granted towards maintenance is too meager and therefore there is every requirement for enhancement. Learned counsel also contends that he filed sufficient proof to show that agricultural land stands solely in the name of the husband.
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resigned the job in the statement of objections filed by him. Therefore, there is every necessity on the part of the wife to produce proof to show that she resigned the job. But she did not do so.
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the husband to meet the expenses required for the education and other needs of the child and also to see that his wife lives comfortably so as to dedicate sufficient time
for the nourishment of the child. Hence, this Court is of the view that Family Court did not err in directing the husband to pay a sum of Rs.10,000/- each to the wife and the child towards interim monthly maintenance.
quashed nor modified. Resultantly following:-
ORDER
Both the writ petitions are dismissed.
Sd/(DR.CHILLAKUR SUMALATHA) JUDGE
VS
List No.: 1 Sl No.: 18
1 issue framed by the court
Whether the Family Court's order granting Rs.10,000/- each per month as interim maintenance to wife and child under Section 24 HMA should be quashed or enhanced.
2 provisions across 2 enactments
Sri. H. Umashankar
Smt. Manjula B.R.
Smt. Manjula
Sri. H. Umashankar
Chillakur Sumalatha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
