MR B T MOHAN vs SMT SHOBHITA

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HC-KAR
NC: 2026:KHC:57549
WP No. 7728 of 2026
CNR: KAHC010167072026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 13 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
WRIT PETITION NO. 7728 OF 2026 (GM-FC)
BETWEEN:
MR. B. T. MOHAN,
S/O. LATE THIMMARAJU B. K.
AGED ABOUT 45 YEARS,
R/AT.NO.39,
PAILWAN THIMMARAYAAPPA ROAD,
COTTONPET,
BENGALURU- 560053.
…PETITIONER
(BY MISS. SHAHIDA KHANAM J., ADVOCATE)
AND:
1. SMT SHOBHITA
D/O. LATE MANJAPPA
W/O. B.T MOHAN.
AGED ABOUT 33 YEARS,
Digitally signed
by AASEEFA
PARVEEN
Location: HIGH
COURT OF
KARNATAKA
2. MASTER SAURAV
S/O B.T MOHAN
AGED ABOUT 12 YEARS,
SINCE MINOR REPRESENTED THROUGH HIS MOTHER
1ST RESPONDENT AND NATURAL GUARDIAN
BOTH ARE R/AT DEFENCE COLONY,
BAGAL KUNTA,
BENGALURU- 560073.
…RESPONDENTS
(BY SRI. UDAY KUMAR M., ADVOCATE FOR R1(VC))
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF
THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE
IMPUGNED ORDER DATED 22.01.2026 PASSED BY THE III

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HC-KAR
NC: 2026:KHC:57549
WP No. 7728 of 2026
CNR: KAHC010167072026
ADDL. PRL. JUDGE FAMILY COURT AT BENGALURU IN CRL.
MISC. NO. 409/2022 IN IA NO. II VIDE ANNX-E.
THIS PETITION, COMING ON FOR PART-HEARD, THIS
DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
ORAL ORDER
Heard Ms.Shahida Khanam.J learned counsel for the
petitioner who appears before this Court physically. Also
heard Sri.Uday Kumar.M learned counsel for the
respondents who appears through video conference.
2. This writ petition is filed seeking the Court to
set aside the order that is passed by the Court of
III Additional Principal Judge, Family Court, Bengaluru
on IA No.II in Crl.Misc.No.409/2022 dated 22.01.2026.
3.
In the proceedings that are pending between
the parties in Crl.Misc.No.409/2022, respondents herein
moved an interlocutory application i.e., IA No.II seeking
Family Court to direct the petitioner herein to pay them
interim maintenance. Respondent No.1/wife sought

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HC-KAR
NC: 2026:KHC:57549
WP No. 7728 of 2026
CNR: KAHC010167072026
Rs.20,000/- per month and respondent No.2/son sought
Rs.15,000/- per month. Family Court through the
impugned order directed petitioner herein to pay
respondent No.2/child a sum of Rs.12,000/- per month
towards interim maintenance. A direction was also issued
to pay Rs.1,00,000/- per annum towards educational
expenses from 2022 till disposal of the case. The claim of
respondent No.1/wife for interim maintenance was
disallowed.
3. Petitioner/father is before this Court stating that
the interim maintenance granted in favour of respondent
No.2/child is exorbitant.
4. Learned counsel for the petitioner states that
petitioner used to run a shop and he was earning
Rs.15,000/- per month by running that shop. However,
subsequently, he closed that shop. Thus, he has no source
of livelihood. On the other hand, respondent No.1/wife
holds M.com degree and she is working in a private sector.

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HC-KAR
NC: 2026:KHC:57549
WP No. 7728 of 2026
CNR: KAHC010167072026
The petitioner is well aware of his responsibility to take
care of the well being of his child i.e., respondent No.2.
Thus, he has no grievance in respect of the direction given
to pay Rs.1,00,000/- per annum towards educational
expenses. However, his financial position does not permit
him to pay Rs.12,000/- per month towards interim
maintenance. That apart, as respondent No.1/wife is a
working woman and as she earns more, she has to share
the responsibility. Learned counsel thereby seeks to
modify the impugned order.
5. On the other hand, learned counsel for the
respondents submit that the child is studying 7th standard
and Rs.1,00,000/- directed to be payable by the petitioner
towards educational expenses annually will not be
sufficient to meet tuition fee, to purchase books and for
transportation. For transportation alone, respondent No.1
is incurring Rs.80,000/- per annum. Learned counsel also
states that respondent No.1 earns around Rs.20,000/- per

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HC-KAR
NC: 2026:KHC:57549
WP No. 7728 of 2026
CNR: KAHC010167072026
month as an employee in a private sector and that amount
is not sufficient for her to maintain herself as well as the
child.
6. A perusal of the impugned order reveals
absence of discussion whatsoever in respect of the
financial status of the parties to the proceedings. The
entire finding given on the merits of the issue is found at
para 14 of the impugned order which is as under:
"14. The son of the petitioner is studying in 6th
standard as on the date of filing of the affidavit of assets
and liabilities. Perused the material on record the
Respondent is capable to provide maintenance to child
along with educational expenses. Therefore, by
considering the needs of the child it is just and necessary
to award Rs.12,000/- per month interim maintenance to
the child (petitioner No.2) from the date of application
during the proceedings. Further the Respondent is
directed to pay Rs.1,00,000/- per annum towards
educational expenses from the year 2022 till disposal of
this petition. Hence, I answer point No.1 partly in the
affirmative."
7.
No material whatsoever is produced by the
respondents to show that a sum of Rs.80,000/- is being
spent by respondent No.1 for transportation.

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HC-KAR
NC: 2026:KHC:57549
WP No. 7728 of 2026
CNR: KAHC010167072026
8. Learned counsel for the petitioner fairly submits
that the petitioner will oblige the order and pay
Rs.1,00,000/- per annum towards educational expenses of
the child and as the entire educational expenses are being
borne by the petitioner and as he has no source of
earnings, the amount granted towards interim
maintenance be reduced. This Court considers justification
in the submission thus made. Therefore, this Court is also
of the view that in case the petitioner is directed to pay
respondent No.2 a sum of Rs.7,000/- per month towards
interim maintenance, the purpose will be served and the
order becomes justifiable. Therefore, the writ petition is
disposed of with the following:
ORDER
i. The order that is rendered by the Court of
III Additional Principal Judge, Family Court,
Bengaluru on IA No.II in Crl.Misc.No.409/2022 dated
22.01.2026, is modified.

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HC-KAR
NC: 2026:KHC:57549
WP No. 7728 of 2026
CNR: KAHC010167072026
ii. Petitioner/respondent is directed to pay respondent
No.2/petitioner No.2/child a sum of Rs.7,000/- per
month towards interim maintenance.
iii. Amount at the rate fixed shall be paid from the date
of filing of IA No.II till the date of disposal of
Crl.Misc.No.409/2022.
iv. Petitioner/respondent shall also pay Rs.1,00,000/-
per annum towards educational expenses from the
year 2022 till the disposal of Crl.Misc.No.409/2022 as
ordered by the Family Court.
v. All arrears shall be cleared within a period of eight
weeks.
Sd/-
(DR.CHILLAKUR SUMALATHA)
JUDGE
DS
CT:TSM
List No.: 1 Sl No.: 18