Mr.Amit Karekar v. Smt.Vaishali

( WP(No.(38426(of(2025( ( ( ( IN(THE(HIGH(COURT(OF(KARNATAKA(AT(BENGALURU(

THDATED(THIS(THE(24 (DAY(OF(APRIL,(2026(

BEFORE( THE(HON'BLE(DR.(JUSTICE(K.MANMADHA(RAO( WRIT(PETITION(NO.38426(OF(2025((GM-FC)( BETWEEN:(( (

, MR.AMIT,KAREKAR, S/O,LATE.PRABHAKAR,KAREKAR,,, AGED,ABOUT,42,YEARS,,, OCC.,SERVICE,,R/A,NO.577,,, TH TH15 ,MAIN,,10 ,CROSS,,, PADMANABHANAGAR,, BENGALURU-560,070.,

…PETITIONER,

(BY,SRI.,PRAVEEN,KUMAR,HIREMATH.,ADVOCATE),

AND:( ( Digitallytisigned , SMT.VAISHALI, by D/O,VIJAYKUMAR,NAVAGHARE,,, VIJAYALAKSHMI AGED,ABOUT,34,YEARS,, B0N R/A,NO.APT.,NO.320,,,

Location:0HIGH JSR,THE,BANYAN,APTS,, COURT0OF TH J.P.,NAGAR,9 ,PAHSE,, KARNATAKA BENGALURU-560,062.,

…RESPONDENT,

(BY,SRI.,C.S.,PRAKASH.,ADVOCATE), , THIS,W.P.,IS,FILED,UNDER,ARTICLES,226,AND,227,OF, THE, CONSTITUTION, OF, INDIA, PRAYING, TO, DIRECTION, AND, CALL, FOR, ENTIRE, RECORDS, IN, M.C.NO., 418/2018, PENDING, ON, THE, I, ADDITIONAL, PRINCIPAL, FAMILY, COURT, AT, BENGALURU,(ANNX-B).DIRECTION,AND,SET,ASIDE,THE,ORDER, ON, I.A.NO., 3, DTD., 15.04.2025, PASSED, BY, I, ADDITIONAL, PRINCIPAL, FAMILY, COURT, AT, BENGALURU, IN, M.C.NO., 418/2018,(ANNX-A),AND,ETC., ,

THIS PETITION HAVING BEEN HEARD AND RESERVED FOR ORDERS ON

27.03.2026 AND COMING ON FOR PRONOUNCEMENT THIS DAY, THE COURT MADE THE FOLLOWING:

CORAM: HON'BLE DR. JUSTICE K.MANMADHA RAO

CAV ORDER This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, seeking to set aside the order dated 15.04.2025 passed by the I Additional Principal Judge, Family Court, Bengaluru, on I.A.No.3 in M.C.No.418/2018. By the impugned order, the Family Court partly allowed application filed by respondent-wife under Section 24 of the Hindu Marriage Act, 1955, directing the petitioner to pay monthly interim maintenance of Rs.10,000/- and a one-time litigation expense of Rs.10,000/-.

¶2The parties appear in the same capacity as Petitioner/Husband and Respondent/Wife as they do before the Family Court.

¶3The facts briefly stated are that the parties were married on 26.12.2013. Following marital discord,

the petitioner-husband filed a matrimonial case for dissolution of marriage. During the pendency of the proceedings, the respondent-wife filed I.A.No.3 seeking interim maintenance of Rs.40,000/- per month, asserting that she is a housewife with no independent source of income and is currently searching for a job.

¶4The petitioner-husband resisted the application, contending that the respondent is a qualified BAMS doctor who has previously served as a Senior Medical Officer and is thus capable of maintaining herself. He further pleaded his own financial liabilities, including his responsibility to maintain his aged parents and his recent medical expenses following a surgery.

¶5Upon hearing both sides, the Family Court observed that the petitioner is an MBA graduate working as a Team Leader with a monthly income of approximately Rs.61,000/-. While acknowledging respondent's medical qualifications, the court noted she is currently searching for employment and has no stable income.

Consequently, court awarded a "supportive maintenance" of Rs.10,000/- per month.

¶6The learned counsel for the petitioner has primarily challenged the order on the grounds of factual contradiction, pointing out that the Family Court in its reasoning recorded that the respondent "earns more than the petitioner," yet proceeded to grant maintenance. It is urged that such an order is unsustainable in law.

¶7Having carefully considered the submissions and perused the records. The scope of Article 227 is a supervisory jurisdiction and not an appellate one. This Court will only interfere if the order of the subordinate court is demonstrably perverse or without jurisdiction.

¶8While the petitioner has pointed out that paragraph 16 of the order mentions the respondent as earning more than the petitioner, this specific observation appears to have been wrongly considered in isolation. A reading of the entire order, specifically paragraphs 12 and 13, confirms that the Family court was fully aware of the

respondent's actual status as a professional currently without employment and searching for work. Such an inconsistency in the recording of observations does not vitiate the final conclusion when it is otherwise supported by the substantive material on record regarding the parties' current financial positions.

¶9As per the principles laid down in Rajnesh v. Neha, (2021) 2 SCC 324, the mere "capability to earn" is not a ground to deny maintenance to a spouse who is not actually earning. The purpose of Section 24 is to provide "succor pendente lite" to ensure a standard of living consistent with the matrimonial home. In this case, the awarded sum of Rs.10,000/- represents approximately 16% of the petitioner's declared income and is a reasonable amount for sustenance in a city like Bengaluru.

¶10The Family Court has balanced the equities by reducing the maintenance from the Rs.40,000/- claimed to a modest Rs.10,000/-. Finding no patent illegality or

jurisdictional error that warrants interference, the petition is liable to be dismissed. ORDER

(i) The Writ Petition No. 38426 of 2025 is DISMISSED.

(ii) The order passed by the I Additional Principal Judge, Family Court, Bengaluru, on I.A.No.3 in M.C.No.418/2018 dated 15.04.2025 is UPHELD.

(iii) The petitioner is directed to clear all arrears of maintenance within eight weeks from today and ensure regular monthly payments to the respondent as ordered by the Family court.

SD/- (DR.K.MANMADHA RAO) JUDGE

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