- 1 - HC-KAR NC: 2025:KHC:24696 RPFC No. 32 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JULY, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI REV.PET FAMILY COURT NO. 32 OF 2024 BETWEEN: MR.MOIDEEN NIHAL S/O ABDUL KHADER K.P., AGED ABOUT 32 YEARS R/AT ZUBAIDA MANZIL OPP. SAWAD BUS STOP, MUCKACHERRY, ULLAL MANGALORE-575 020 …PETITIONER (BY SRI.ANIKETH K.U., ADVOCATE FOR SRI.SACHIN B.S., ADVOCATE) AND: 1. MRS.FATHIMA W/O MOIDEEN NIHAL AGED ABOUT 23 YEARS, 2. AYSHA NUZLAH ZUBAIDA D/O MOIDEEN NIHAL AGED ABOUT 2 YEARS, R/AT DOOR NO.8-3/5, BAITHUL KHAIR BADTIPADPU HOIGE HOUSE, ULLAL MANGALORE-575 020 MINOR REPRESENTED BY HER MOTHER / RESPONDENT NO.1 …RESPONDENTS (BY SRI. HASAINAR, ADVOCATE) THIS RPFC FILED UNDER SECTION 19(4) OF FAMILY COURT ACT, AGAINST THE ORDER DATED 18.07.2023 PASSED IN CRL.MISC.NO.77/2022 ON THE FILE OF THE PRINCIPAL JUDGE, FAMILY COURT, D.K.MANGALURU, PARTLY ALLOWING THE PETITION FILED UNDER SECTION 125 OF Cr.P.C. FOR MAINTENANCE. Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:24696 RPFC No. 32 of 2024 THIS PETITION, COMING ON FOR HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER Aggrieved by the order passed in Crl.Misc.No.77/2022 dated 18.07.2023 by the Principal Judge, Family Court, D.K., Mangaluru, the petitioner/father is before this Court. 2. The respondent/wife had filed the petition seeking monthly maintenance of an amount of Rs.25,000/- to herself and the daughter. The Family Court had rejected the claim of the wife for maintenance and granted maintenance of an amount of Rs.9,000/- per month to the daughter from the date of petition till the date of attaining the age of majority. Aggrieved thereby, the father is before the Court. 3. Learned counsel appearing for the petitioner submits that the petitioner is working on daily wages of an amount of Rs.350/- and fuel expenses of Rs.150/- as stated in his petition and with that wages he is already paying an amount of Rs.3,000/- to the wife as ordered by the Court under the Domestic Violence Act and now if he has to pay an amount of - 3 - HC-KAR NC: 2025:KHC:24696 RPFC No. 32 of 2024 Rs.9,000/-, he would be left with no amount. All these aspects were not considered by the Family Court. It is submitted that the Court having observed what is the income of the husband, had granted maintenance of an amount of Rs.9,000/- which is on the higher side and the same needs to be reviewed. 4. Learned counsel appearing for the respondent/mother submits that the Court had granted reasonable maintenance for the daughter. The petitioner has failed to file statement of assets and liabilities. When he has failed to file statement of assets and liabilities, it is not open for him to come and submit before this Court that he is not in a position to pay the amount and the amount that is granted is reasonable and no interference is called for. 5. Having heard the learned counsels on either side, perused the entire material on record. It is an admitted fact that the petitioner is already paying an amount of Rs.3,000/- per month to the wife. The Family Court had rejected the request of the wife as she is earning and granted maintenance of an amount of Rs.9,000/- per month to the daughter. It is the case of the husband that he is a daily wage labourer. During - 4 - HC-KAR NC: 2025:KHC:24696 RPFC No. 32 of 2024 the course of hearing, learned counsel for the petitioner submits that he is ready to pay an amount of Rs.7,000/- as he is already paying an amount of Rs.3,000/- to the wife. This Court has perused the order and also the submissions of both the parties. Considering the material on record and the financial status of the husband, an amount of Rs.7,000/- would be the reasonable amount. In that view of the matter, this Court is passing the following order: ORDER i. The order passed in Crl.Misc.No.77/2022 dated 18.07.2023 by the Principal Judge, Family Court, D.K., Mangaluru, is modified by reducing the maintenance from an amount of Rs.9,000/- per month to Rs.7,000/- per month to the daughter. ii. Accordingly, the revision petition is partly allowed. iii. All I.As. in this petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE MEG List No.: 1 Sl No.: 27