SMT SAHANA K vs SRI SANTHOSH S GOWDA

Court
Karnataka High Court

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WP No. 34389 of 2025

HC-KAR




IN THE HIGH COURT OF KARNATAKA AT BENGALURU

ND
DATED THIS THE 22 DAY OF APRIL, 2026
R

BEFORE

THE HON'BLE DR. JUSTICE K.MANMADHA RAO


WRIT PETITION NO.34389 OF 2025 (GM-FC)



BETWEEN:

SMT SAHANA K
W/O SANTHOSH S GOWDA,
D/O KRISHNEGOWDA,
NOW AGED ABOUT 23 YEARS,
PREVIOUSLY
R/AT AALENAHALLI FARM HOUSE
MANCHEEBEEDU VILLAGE,
AKKIHEBBALU HOBLI,
K.R.PETE TALUK,
MANDYA DISTRICT-571426.

RD TH
NOW R/AT 78, 3 FLOOR, 9 CROSS,
EERANNAPALYA MAIN ROAD,
PAPAREDDY PALYA,
ND
NAGARABAVI 2 STAGE,
BENGALURU-560072.










Digitally signed
by
VIJAYALAKSHMI
B N
Location: HIGH
COURT OF
KARNATAKA

…PETITIONER
(BY SRI.J.S. HALASHETTI, ADVOCATE)
AND:
SRI. SANTHOSH S GOWDA
S/O SHANKAREGOWDA,

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NOW AGED ABOUT 33 YEARS
R/O ARAKERE VILLAGE,
SABBANNAHALLI POST -573124,
HIRISASAVE HOBLI,
CHANNARAYAPATTANA TALUK,
HASSAN DISTRICT

…RESPONDENT

(BY SRI.SANKETH FOR SRI.K.V.KESHAVA, ADVOCATES)

THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF
THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE
IMPUGNED ORDER DATED 17.09.2025 PASSED BY THE COURT
OF VI ADDL. PRL. JUDGE, FAMILY COURT, BENGALURU, ON I.A.
NO.2/2023 IN M.C. NO.2153/2024, WHICH IS MARKED AS
ANNEXURE-E AND ALLOW I.A. NO.2/2023 FILED U/S 24 OF
HINDU MARRIAGE ACT, 1955, WHICH IS PRODUCED AT
ANNEXURE-C AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING
‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE DR. JUSTICE K.MANMADHA RAO



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ORAL ORDER
Being aggrieved by the order passed by the Court of
VI Additional Principal Judge, Family Court, Bengaluru, in
I.A No.2/2023 filed under Section 24 of Hindu Marriage Act
in M.C.No.2153/2024 dated 17.09.2025, the petitioner/
wife has filed this petition.
2. For the sake of convenience, parties to the
proceedings will hereinafter be referred to as husband and
wife.

3. Wife filed I.A.No.II under Section 24 of the Hindu
Marriage Act, 1955 (for short 'HMA Act') seeking interim
maintenance of Rs.50,000/- per month and litigation
expenses of Rs.1,00,000/-. The husband filed his
objections to the said application. The Family Court after
hearing both the parties dismissed the application - I.A
No.II on the ground that the husband and wife could able
to live only about 6-7 months and hence, wife is not

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entitled to seek any interim maintenance and litigation
expenses and posted the matter for evidence.

4. Learned counsel for the petitioner submitted that
the only reason assigned by the Family Court is that since
the parties lived together only for 6 to 7 months, wife is
not entitled to seek any interim maintenance and litigation
expenses, hence, the impugned order is passed, which is
contrary to the facts, materials and law on record. It is
further submitted that wife is studying B.Com and she is
unemployed. The husband is employed in Dubai as an
Accountant in a Company and he is earning Rs.8,00,000/-
per month. Therefore, the learned counsel for the
petitioner prays for setting aside the impugned order.
5. Per contra , learned counsel for the husband
justifies the impugned order passed by the Family Court
and he submits that the wife has falsely contended that
she is studying B.Com and not employed. In fact, wife is
gainfully employed and she is financially stable. In spite

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of his repeated request to join matrimonial home in Dubai,
the wife refused to do so. Hence, the learned counsel
prays to dismiss the petition.
6. On hearing the submissions of the learned
counsel appearing for the parties, it is suffice to refer
Section 24 of the Hindu Marriage Act, 1955, which reads
as under:
"Section 24. Maintenance pendente lite
and expenses of proceedings .—Where in
any proceeding under this Act it appears to
the Court that either the wife or the
husband, as the case may be, has no
independent income sufficient for her or his
support and the necessary expenses of the
proceeding, it may, on the application of the
wife or the husband, order the respondent
to pay to the petitioner the expenses of the
proceeding, and monthly during the
proceeding such sum as, having regard to
the petitioner’s own income and the income
of the respondent, it may seem to the court
to be reasonable.

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[Provided that the application for the
payment of the expenses of the proceeding
and such monthly sum during the
proceeding, shall, as far as possible, be
disposed of within sixty days from the date
of service of notice on the wife or the
husband, as the case may be.]"
7. On reading of the above said provision, it is
relevant to note that the primary objective of
maintenance pendente lite and litigation expenses under
Section 24 of the Hindu Marriage Act, 1955, is to provide
financial support to the claimant spouse, enabling them to
maintain themselves and sustain the legal proceedings.
8. The objective of Section 24 is to provide
financial assistance to the indigent spouse to maintain
herself or himself during the pendency of the proceedings
and also to have sufficient funds to carry on with the
litigation or defend themselves so that they shall not
suffer unduly in the conduct of the case for the want of
funds.

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9. While adjudicating an application under Section
24 of the Hindu Marriage Act, 1955, the Court exercises
its discretion in passing an order regarding the interim
maintenance amount that a spouse may be required to
pay to the other based on reasonable grounds. In order to
exercise this discretion, the court considers the income of
the spouse who has made the application for interim
maintenance and the income of the other spouse who is
required to pay such interim maintenance and expenses.
10. It is also pertinent to note that the Court’s
discretion is judicial and not arbitrary in nature. Such
judicial discretion must be exercised within the ambit of
Section 24, considering the objective of the Act and
adhering to the ideal principles of the matrimonial law.
11.
Under Section 24 of the HMA, 1955, a matter is
contemplated as a summary enquiry and not a full-
fledged trial at length. If the court believes that the
applicant is not likely to succeed in the dispute, then in

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such a case, the court cannot, solely on the basis of such
grounds, refuse to grant interim maintenance and
expense of proceedings under Section 24.
12. The Hindu Marriage Act, 1955, under Section 24,
does not lay down any rigid rule for deciding the quantum of
interim maintenance. However, the quantum of such interim
maintenance depends on the following factors:
* The duration of the marriage.
* The means and conduct of the spouses.
* The ability of the spouse to earn.
* Education and maintenance of children.
* Other such reasonable needs of the claimant.
* The educational qualifications of the claimant.

13. It is to be noted that in matters of granting
maintenance pendente lite, the Court exercises a wide
discretion. However, this discretion is not to be exercised
in an arbitrary manner. It should be within the ambit of
Section 24 and guided by the ideal principles of
matrimonial laws.

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14. In the above circumstances, it is observed that
while disposing the I.A by the Family Court, the Family
Court has not followed the object and scope of the law
with regard to Section 24 of the Act and passed the
impugned order dated 17.09.2025 and further without
assigning proper reasons, the petition is rejected by the
Family Court. Therefore, the matter has to be remitted
back to the Family Court for fresh consideration with
regard to affidavit of assets and liabilities are concerned
along with other materials and the Family Court shall pass
appropriate orders in accordance with law.

15. Accordingly, I proceed to pass the following:-
ORDER

i. Writ petition is disposed of .

ii. The order passed by the Court of VI Additional
Principal Judge, Family Court, Bengaluru, in I.A
No.2/2023 filed under Section 24 of Hindu Marriage
Act in M.C.No.2153/2024 dated 17.09.2025, is set
aside.

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iii. The matter is remanded back to the Family Court to
consider the same afresh and to pass orders.

iv. Both parties shall not seek any adjournments and
should co-operate with the Court in disposal of the
matter.

v. Both parties are directed to appear either in person
or through their respective counsels before the
Family Court on 10.06.2026 without further notice
of this Court.

vi. The Family Court shall give both the parties the
opportunity to file objections to the affidavits of
assets and liabilities respectively and shall dispose
of the matter as expeditiously as possible.



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




UN
List No.: 1 Sl No.: 61