Interim maintenance to wife cannot be permitted to operate once final maintenance is awarded: Karnataka HC

Bengaluru: The Karnataka High Court said that continuation of a parallel direction for interim maintenance in the matrimonial proceedings would result in duplication of relief and overlapping financial liability for the same period, which cannot be sustained in law. The court said this while partly allowing the petition filed by the husband.

The couple had married in November 2020 at Tumakuru and within a week, differences cropped up as the wife alleged that husband’s family insisted on Rs 25 lakh more and other demands as dowry.

A complaint was registered with the Byatarayanapura police in Bengaluru city. Meanwhile, the husband filed a matrimonial case before the family court at Bengaluru, seeking divorce.

In January 2024, the family court awarded Rs 10,000 as interim maintenance to the wife and an additional Rs 20,000 towards litigation expenses, after allowing the interlocutory application filed by the wife.

Subsequently, the wife filed a separate application before a Tumakuru court under CrPC section 125, seeking Rs 60,000 per month as maintenance and in November 2025, the Tumakuru court awarded Rs 10,000 as maintenance per month.

The husband challenged both these orders, contending that the wife possessed independent sources of income, including business and rental income amounting to Rs 4 lakh per month.

It was submitted that parallel adjudication of maintenance claims is not permitted under law, citing the orders passed by Bengaluru and Tumakuru courts.

Justice Manmadha Rao noted that the Rs 10,000 interim maintenance awarded by the family court in Bengaluru is limited in nature, as final adjudication is pending.

“Rs 10,000 per month maintenance under Section 125 of the CrPC has been awarded by the Tumakuru court and the said determination being a final adjudication on the entitlement and quantum of maintenance, based on appreciation of evidence, assumes primacy over any interim arrangement made during the pendency of matrimonial proceedings."

"In that view of the matter, continuation of a parallel direction for interim maintenance in the matrimonial proceedings of family court, Bengaluru would result in duplication of relief and overlapping financial liability for the same period, which cannot be sustained in law,” the court said.

The court further said, “The IV Additional Principal Judge, Family Court, Bengaluru, while adjudicating M.C.No.5/2022 finally, shall take into consideration the said maintenance and ensure appropriate adjustment while determining any permanent alimony or final maintenance, so as to avoid duplication.”