- 1 - HC-KAR NC: 2025:KHC:25020 WP No. 6865 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JULY, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 6865 OF 2025 (GM-FC) BETWEEN: ADEHE HENRY S/O SANI KAIHE JOHN, AGED ABOUT 48 YEARS R/A FLAT NO. G1, KRISHNA SQUARE APARTMENT, 22ND CROSS, KAGGADASAOURA BANGALORE – 560 093 …PETITIONER (BY MS.RACHANA M., ADVOCATE FOR SRI.KAPIL DIXIT, ADVOCATE) AND: LOPHRO KHOLI VERONICA D/O TASONI KHOLI AGED ABOUT 41 YEARS, R/A KOSHOFII, PUNANAMEI VILLAGE, MAO, MANIPUR – 795 150 OFFICE ADDRESS EMPLOYEE ID- 136875 NURSING SUPERINTENDENT ESIC MODEL HOSPITAL, RAJAJI NAGAR, BANGALORE – 560 010 …RESPONDENT THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ORDER DATED: 10.01.2025 UPON IA NO. 3 IN MC 4757/2022 PASSED BY THE HON’BLE I ADDL PRL JUDGE FAMILY COURT AT BENGALURU PRODUCED AS ANNEXURE-A. Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:25020 WP No. 6865 of 2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER Aggrieved by the order passed in I.A.No.III in M.C.No.4757/2022 dated 10.01.2025 by the I Additional Principal Judge, Family Court, Bengaluru, whereby the Family Court had granted maintenance of an amount of Rs.25,000/- per month to the children, the petitioner/father is before this Court. 2. The parties are referred to as father and mother for the sake of convenience. 3. The mother had filed I.A.No.III under Section 37 of Special Marriage Act seeking interim maintenance of an amount of Rs.50,000/- per month to the minor daughters along with an amount of Rs.30,000/- towards litigation expenses. 4. It is the case of the mother that the father is working as Assistant Security Officer (Fire and Security) in BEML Limited Company (Ministry of Defence) and getting handsome salary of an amount of Rs.1,36,292/- per month and the mother is in - 3 - HC-KAR NC: 2025:KHC:25020 WP No. 6865 of 2025 need of an amount of Rs.50,000/- per month to maintain the children. 5. The father has filed his objections to the application. According to him, the mother is earning salary of an amount of Rs.91,044/- per month as per her pay records for the month of January 2020, as she is an employee in ESIC Hospital under Government of India. It is stated that she will be getting reimbursement for the amount that was spent towards the medical needs. As such, an amount of Rs.50,000/- sought by the mother is on the higher side. 6. The Family Court had granted maintenance of an amount of Rs.25,000/- per month. While granting the maintenance, the Family Court had observed that as per the salary slip of the husband, his salary is an amount of Rs.1,50,221/- and net salary is an amount of Rs.90,410/- and the mother's net salary is an amount of Rs.86,451/- during April 2023. The Court had observed that the father is bound to share the expenses of the children till determination of the custody rights by the competent Court of law. In these circumstances, the Court had granted an amount of - 4 - HC-KAR NC: 2025:KHC:25020 WP No. 6865 of 2025 Rs.25,000/- per month to the minor daughters and one time litigation expenses of an amount of Rs.10,000/-. 7. Learned counsel appearing for the petitioner/father submits that the Family Court had granted an amount of Rs.25,000/- towards maintenance to the children which is on the higher side. It is submitted that the Family Court has failed to consider that both of them are earning equally and has failed to consider all the aspects in its proper perspective. 8. Having heard the learned counsel for the petitioner, perused the entire material on record. Admittedly, both the parties are earning. The father is getting net salary of an amount of Rs.90,410/- and the mother's net salary is an amount of Rs.86,451/- for the month of April 2023. The wife has not sought for maintenance and she has sought maintenance for the children. The Court had granted an amount of Rs.25,000/- per month to the children. Looking at the statement of assets and liabilities and the expenditure that is mentioned by the wife, where the school expenditure including the medical expenditure of the children require Rs.25,000/- per month and the Court had observed that the - 5 - HC-KAR NC: 2025:KHC:25020 WP No. 6865 of 2025 father has responsibility to contribute towards the maintenance of the children. The maintenance of an amount of Rs.25,000/- per month awarded by the Family Court is a reasonable amount considering the facts of the case and this Court do not find any reason to interfere with the well considered order passed by the Family Court. Hence, this Court is passing the following: ORDER i. Accordingly, the writ petition is dismissed. ii. All I.As. in this writ petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE MEG List No.: 1 Sl No.: 18