Karnataka High Court
Family LawCivil Procedure and Evidence

Interim maintenance of ₹6,000 per month was reasonable pending final adjudication.

BASALINGAPPA ALIAS BASAPPA S/O NIJALINGAPPA KANNUR ALIAS PUJAR vs SMT DUNDABAI W/O BASALINGAPPA ALIAS BASAPPA KANNUR ALIAS KUNNUR

Karnataka High CourtJUDGMENT: October 01, 20262 MIN READSOURCE JUDGMENT
Interim maintenance of ₹6,000 per month was reasonable pending final adjudication.. BASALINGAPPA ALIAS BASAPPA S/O NIJALINGAPPA KANNUR ALIAS PUJAR vs SMT DUNDABAI W/O BASALINGAPPA ALIAS BASAPPA KANNUR ALIAS KUNNUR. Karnataka High Court. LawLens
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The wife, aged 71, applied to the Family Court for maintenance, stating that her husband, aged 75 and a retired Veterinary Department supervisor, had left her and was receiving a pension of ₹40,000 per month.

Source reference: paras. 5–8, 11

She sought interim maintenance of ₹25,000 per month, citing her age and medical needs.

Source reference: paras. 5–8, 11

The husband opposed the application, asserting that the wife lived with their son in a house he had built, that he had health problems and medical expenses, and that the claim was intended to harass him.

Source reference: paras. 9–10, 12

The Family Court awarded the wife interim maintenance of ₹6,000 per month, with litigation expenses, from the date of the application until disposal of the maintenance petition.

Source reference: para. 7

The wife sought enhancement, while the husband sought to set aside the award.

Source reference: paras. 1–2
02

Issues

1. Whether the interim maintenance of ₹6,000 per month should be enhanced to ₹25,000 per month on the wife’s petition.

Source reference: paras. 8, 13

2. Whether the Family Court’s interim maintenance order should be set aside on the husband’s petition.

Source reference: paras. 9–10, 14
03

Law Applied

The judgment does not identify a specific statutory provision, precedent, or separately stated legal test governing interim maintenance.

Source reference: no citation

The Court assessed whether the Family Court’s interim award was reasonable on the circumstances presented, including the husband’s stated pension, the wife’s living arrangements, and the parties’ respective contentions.

Source reference: paras. 13–14
04

Reasoning

The Court noted that the maintenance petition remained pending and treated the challenged award as an interim determination.

Source reference: para. 13

In considering the wife’s request for enhancement, it took account of her residence with the parties’ son in a house constructed by the husband and concluded that ₹6,000 per month was reasonable at that stage.

Source reference: para. 13

In considering the husband’s challenge, the Court observed that he was stated to receive a pension of ₹40,000 per month, and found that his grounds for setting aside the award were unsustainable.

Source reference: para. 14

It did not finally determine the parties’ maintenance claims on their merits.

Source reference: no citation
05

Holding

The Court dismissed both writ petitions and confirmed the Family Court’s order dated 9 April 2025 granting the wife interim maintenance of ₹6,000 per month, together with litigation expenses, from the date of her application until disposal of the maintenance petition.
Karnataka High Court

Original Court PDF

BASALINGAPPA ALIAS BASAPPA S/O NIJALINGAPPA KANNUR ALIAS PUJARvsSMT DUNDABAI W/O BASALINGAPPA ALIAS BASAPPA KANNUR ALIAS KUNNUR

Karnataka High Court · October 01, 2026

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