[Cites 2, Cited by 0]
Karnataka High Court
Sri. Girish Kamath vs Smt. Divya on 27 March, 2026
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WP No. 38125 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 27TH DAY OF MARCH, 2026
BEFORE
THE HON'BLE DR. JUSTICE K.MANMADHA RAO
WRIT PETITION NO.38125 OF 2025 (GM-FC)
BETWEEN:
SRI. GIRISH KAMATH
S/O RAMESH KAMATH,
AGED ABOUT 50 YEARS,
RESIDING AT:NO.3-34(2),
ULIARGOLI, MAIN ROAD, KAUP,
UDUPI DISTRICT - 574 106.
...PETITIONER
(BY SRI. GOKUL M.G.,ADVOCATE)
AND:
SMT. DIVYA
D/O K. SURENDRA NAYAK,
W/O GIRISH KAMATH,
AGED ABOUT 40 YEARS,
RESIDING AT: NO.8, 7TH CROSS,
DEVEGOWDA ROAD, MOTHI NAGAR,
R.T. NAGAR,
BANGALORE - 560 032.
...RESPONDENT
(BY SRI. BIMBADHARA.,ADVOCATE)
THIS WP IS FILED UNDER ARTICLE 227 OF THE
CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE
NATURE OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT,
ORDER OR DIRECTION, QUASHING THE IMPUGNED ORDER
DATED 25.03.2023 PASSED ON INTERLOCUTORY APPLICATION
NO.2 FILED UNDER SECTION 24 OF THE HINDU MARRIAGE
ACT, 1955, IN M.C. NO.886/2022 BY THE HON'BLE 5TH
ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT AT
BENGALURU (ANNEXURE-A).
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WP No. 38125 of 2025
THIS PETITION HAVING BEEN HEARD AND RESERVED
FOR ORDERS ON 06.03.2026 AND COMING ON FOR
PRONOUNCEMENT THIS DAY, THE COURT MADE THE
FOLLOWING:
CORAM: HON'BLE DR. JUSTICE K.MANMADHA RAO
CAV ORDER
Being aggrieved by the order passed by the V
Additional Principal Judge, Family Court, Bengaluru on
I.A.No.2 in M.C.No.886/2022 dated 25.03.2023, thereby
seeking the Court to quash the said order, present writ
petition is filed.
2. For the sake of convenience, parties to the
proceedings will hereinafter be referred to as husband and
wife. Their status is not in dispute.
3. Wife filed a petition under Section 24 of the
Hindu Marriage Act seeking interim maintenance and the
Court through the impugned order directed the husband to
pay the wife a sum of Rs.15,000/- per month towards
interim maintenance as well as education of the child.
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WP No. 38125 of 2025
4. This Court has granted an interim order dated
17.12.2025. The husband has complied the said interim
order only by way of paying regular maintenance of
Rs.5,000/- per month and not arrears of maintenance.
Moreover, three months time will be granted for payment
of arrears of maintenance i.e., till 17.03.2026, but this
Court has taken up the matter for 'Final Hearing' on
06.03.2026. Hence, there is no proof of payment of
arrears of maintenance to the wife and the husband has
not complied the interim order with regard to the payment
of arrears of maintenance. The husband is directed to
clear all the arrears within a period of four weeks.
5. Heard learned counsel appearing for both the
parties.
6. The submission of learned counsel, who
represents the husband is that, the husband has no
financial capacity to pay such huge amount to his wife. He
further submits that the wife obtained the impugned order
suppressing the existence of two bank accounts and her
true financial assets and she has failed to comply with the
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WP No. 38125 of 2025
mandatory procedural framework laid down by the Hon'ble
Apex Court in the case of Rajnesh vs. Neha reported in
(2021) 2 SCC 324 by not filing the affidavit of assets and
liabilities. He submits that the trial Court has failed to
consider the proper assessment of the wife's income,
assets, liabilities and documentary record and rendered
perverse conclusion. He further submits that the wife has
remarried during the pendency of M.C.No.886/2022 and
hence, is not entitled for maintenance. Learned counsel
also submitted that as the wife has got her own sources of
earnings, husband is not liable to pay any sum towards
maintenance. Hence, prays for allowing the writ petition
and set aside the impugned order of the trial Court.
7. Per contra, the submission made by learned
counsel, who represents the wife is that husband and his
father jointly doing furniture manufacturing as trading by
name and style Sri.Kamakshi Traders and in the
residential locality they had two oil mills and also doing
coconut oil business and earning no less than Rs.75,000/-.
The husband has failed to pay educational and medical
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WP No. 38125 of 2025
expenses of the child and hence, husband is liable to pay
her maintenance to her as well as her child. Hence, prays
for dismissal of the writ petition.
8. The trial Court while partly allowing the
application has observed that the wife is paying the school
fees by borrowing loan from the relatives and well wishers.
The husband in his affidavit has stated that he has studied
PUC and his monthly income is Rs.15,000/- and his
expenditure is Rs.13,500/-. But the wife has contended
that her husband is doing furniture business as well as
owns two oil mills and earning a sum of Rs.75,000/- per
month. In support of her contention, she has produced
documents regarding permission from the Corporation to
run the industry and receipt regarding school fee and
other expenses of the child and she has also filed affidavit
regarding assets and liabilities, which discloses that she is
residing in rented house and she has shown her monthly
expenses as Rs.30,000/-. The document discloses that
the husband is having business and is liable to pay the
maintenance to the wife and child. Hence, in the interest
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WP No. 38125 of 2025
of justice, it has awarded a sum of Rs.15,000/- per month
to the wife for maintenance as well as education of the
child from the date of petition i.e., 09.02.2022 to till
disposal of the petition.
9. Having considered the facts and circumstances of
the case, this Court does not find any infirmity in the
impugned order passed and grounds for interference. The
maintenance awarded through the impugned order is just
and proper as an interim measure. Therefore, this Court
is of the view that there are no merits in this writ petition.
Accordingly, the following:
ORDER
i) The writ petition is dismissed.
ii) Monthly maintenance towards educational
expenses of the child which the petitioner/husband is
ordered to pay by the Court of V Additional Principal
Judge Family Court, Bengaluru, through Orders on
I.A.No.2 in M.C.No.886/2022 dated 25.03.2026 is
hereby confirmed.
iii) Thus, the petitioner/husband shall pay the
respondent/wife a sum of Rs.15,000/- per month
with effect from 09.02.2022 till the disposal of
M.C.No.886/2022.
v) Petitioner/husband shall clear all arrears within a
period of four weeks.
SD/-
(DR.K.MANMADHA RAO)
JUDGE
MH/-
