Karnataka High Court

WA/1942/2026 of DIPAK THAKUR Vs SUNITA THAKUR on 8 September 2026

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CNR: KAHC010567302026 NC: 2026:KHC:48536-DB WA No. 1942 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF SEPTEMBER, 2026 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT APPEAL NO. 1942 OF 2026 (GM-FC) BETWEEN:

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 8TH DAY OF SEPTEMBER, 2026

PRESENT

THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE

AND

THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA

WRIT APPEAL NO. 1942 OF 2026 (GM-FC)

BETWEEN:

1.

DIPAK THAKUR

AGED 57 YEARS

S/O DS THAKUR

152, 2ND FLOOR

DEFENCE ENCLAVE

GEDLAHALLI, HENNUR ROAD

BANGALORE - 560 077

…APPELLANT

(BY SRI DIPAK THAKUR, PARTY-IN-PERSON)

AND:

1.

SUNITA THAKUR

AGED 54 YEARS

D/O DAULAT RAM KHACHI

REGISTERED ADDRESS:

152, 1ST FLOOR

DEFENCE ENCLAVE

GEDLAHALLI, HENNUR ROAD

BANGALORE - 560 077

…RESPONDENT

THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE

KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE

IMPUGNED ORDER OF 17.04.2026 PASSED BY THE SINGLE

LEARNED JUDGE IN W.P.No.37271/2025 AND ALLOW THE MUTATIS

MUTANDIS PROPORTIONATE REDUCTION OF INTERIM MONTHLY

Digitally

signed by K

P SWETHA

Location:

High Court

of Karnataka

HC-KAR

MAINTENANCE FROM Rs.20,000 TO THE ACTUAL ABOUT 7000, EFFECTIVE FROM EMPLOYMENT LOSS DATE OF 01/10/2025 & ETC.

THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE

and

HON'BLE MRS. JUSTICE K.S. HEMALEKHA

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ORAL JUDGMENT

(PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE)

1. The appellant has filed the present appeal impugning an order dated 17.04.2026 passed by the learned Single Judge in W.P.No.37271/2025 (GM-FC).

2. The said petition was preferred by the appellant under Article 227 of the Constitution of India, inter alia, praying that the order dated 11.11.2025 passed by the learned IV Additional Principal Judge, Family Court, Bengaluru in M.C.No.5860/2021 be modified to reduce the monthly interim maintenance from `20,000/- to `7,000/- and further to direct the respondent, who is the appellant's wife, to shift to a two room residence for herself which costs about `10,000/- instead of a house measuring 2,400 square feet which costs the rental of `45,000/-.

HC-KAR

3. Prima facie, the present appeal is not maintainable in view of Section 4 of the Karnataka High Courts Act, 1961, which reads as under: "4. Appeals from decisions of a single Judge of the High Court.-An appeal from a judgment, decree, order or sentence passed by a single Judge in the exercise of the original jurisdiction of the High Court under this Act or under any law for the time being in force, shall lie to and be heard by a Bench consisting of two other Judges of the High Court."

4. The impugned order has not been rendered in exercise of the original jurisdiction of this Court, but it has been passed under the supervisory jurisdiction of this Court under Article 227 of the Constitution of India.

5. The appeal is accordingly dismissed. However, all rights and contentions of the parties are reserved.

Sd/- (VIBHU BAKHRU) CHIEF JUSTICE

Sd/- (K.S. HEMALEKHA) JUDGE

KPS List No.: 2 Sl No.: 11

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