- 1 - NC: 2025:KHC:8774 WP No. 7172 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO.7172 OF 2024 (GM-FC) BETWEEN: SMT.S.ROHINI W/O.SRI C.YASHWANTH KUMAR D/O.SRI G.SHANKAR AGED ABOUT 31 YEARS R/AT NO.22, 4TH CROSS 2ND MAIN ROAD NEAR MARAMMA TEMPLE KATHRIGUPPE VILLAGE BANASHANKARI 3RD STAGE BENGALURU-560 085 …PETITIONER (BY SMT.MONISHA N.S. FOR SRI H.SHANTHI BHUSHAN, ADVOCATES) AND: SRI C.YASHWANTH KUMAR S/O.SRI S.CHANDRASHEKAR AGED ABOUT 32 YEARS R/AT NO.92, KATHRIGUPPE MAIN VIVEKANANDANAGARA OPP: 43-A BMTC BUS STOP BENGALURU-560 085 …RESPONDENT (BY SRI UMESH A., ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING FOR MODIFY THE ORDER DATED 20.01.2024 PASSED ON IA NO.4 IN MC NO. 3059/2019 BY THE PRINCIPAL JUDGE, FAMILY COURT VIDE ANNEXURE-E IN SO FAR AS IT PERTAINS TO QUANTUM OF Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: High Court of Karnataka - 2 - NC: 2025:KHC:8774 WP No. 7172 of 2024 INTERIM MAINTENANCE AND DIRECT THE RESPONDENT TO PAY A MINIMUM SUM OF RS.50,000/- AS INTERIM MAINTENANCE. THIS PETITION COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE PRADEEP SINGH YERUR ORAL ORDER This petition is filed by the wife being aggrieved by the impugned order dated 20.01.2024 passed on IA.No.4 in MC.No.3059/2019 by the Principal Judge, Family Court, Bengaluru. 2. The petitioner is the wife and the respondent is the husband. The husband filed a petition under Section 13(1A) of the Hindu Marriage Act, 1955 (for short, 'the Act') for divorce against the wife. 3. In the matrimonial proceedings before the Family Court at Bengaluru, the petitioner being the wife filed an application in IA.No.4 under Section 24 of the Act seeking interim maintenance of Rs.50,000/- per month to her and - 3 - NC: 2025:KHC:8774 WP No. 7172 of 2024 Rs.5,75,700/- to the minor child towards her educational expenses and other miscellaneous expenditures. This application was resisted by the husband and on considering the arguments of both learned counsels, the Family Court partly allowed the application in IA.No.4 and directed the husband to pay a sum of Rs.12,000/- per month as maintenance, whereby Rs.8,000/- was ordered to be paid to the wife and Rs.4,000/- to the minor child from the date of application i.e. 16.03.2022. 4. It is the vehement contention of learned counsel for petitioner-wife that the impugned order passed by the Family Court with regard to maintenance is arbitrary, illegal and is contrary to the materials placed on record and the same does not meet the requirements as stated by the wife in her application and also with regard to material documents placed including the educational expenses and other expenses of the minor child. 4.1 Learned counsel for petitioner-wife contends that several documents were placed before the Family Court - 4 - NC: 2025:KHC:8774 WP No. 7172 of 2024 with regard to monthly expenditure, the educational expenses of the minor child and also the Bank statements of the respondent-husband to show the income and the sufficiency of amount for the respondent-husband to make payment of maintenance. 4.2 Learned counsel for petitioner-wife has filed a memo before this Court along with School fee receipts for the academic year 2023-2024 of Grade-6 of the minor child, which depicts the annual tuition fee of Rs.1,83,000/- and odd including Uniform Kit fee and other transportation. In all, the educational expenses comes around to Rs.2,00,000/- per annum. 5. Per contra, learned counsel for respondent- husband contends that the documents filed by petitioner- wife are furnished for the first time before this Court, which are not placed before the Family Court and hence, the authenticity and veracity of such documents has to be verified. - 5 - NC: 2025:KHC:8774 WP No. 7172 of 2024 6. I have heard learned counsel for petitioner-wife and learned counsel for respondent-husband. Perused the impugned order and the materials placed before the Family Court and also before this Court. The relationship between the parties; the child being born from the marriage and the child is studying in Grade-7 are all not in dispute. 7. The parties have separated from each other, as admitted by the petitioner-wife, somewhere in the year 2020, but learned counsel for respondent-husband contends that during the year 2016, they are separated from each other as the petitioner-wife left for her parental home on 28.07.2016 without informing the respondent- husband. Despite several Panchayats having been conducted, she has not joined her matrimonial home. 8. While considering an application for grant of maintenance for the wife and the minor child, the essential requirements to be seen are - whether the husband is - 6 - NC: 2025:KHC:8774 WP No. 7172 of 2024 employed and if so, what is the income drawn by him? whether the wife is employed and if so, what is the income drawn by her? and thirdly, whether the educational and other miscellaneous expenditure of the child to be met by both parties and if so, in what proportion? 9. Both the parties have filed their respective affidavit of assets and liabilities. It is stated by the petitioner-wife in the affidavit of assets and liabilities filed by her that she has separated from her husband in the year 2020; she requires monthly expenses of Rs.50,000/- for her maintenance; her husband is earning a sum of Rs.2,00,000/- per month from hookah bar and he also gets rental income of Rs.3,00,000/- per month and therefore, according to her, the respondent-husband earns about Rs.5,00,000/- per month; she has no source of income and she is not employed, whereas it is stated by the respondent-husband in the affidavit of assets and liabilities filed by him that his educational qualification is PUC; he is earning a monthly income of Rs.5,000/- to - 7 - NC: 2025:KHC:8774 WP No. 7172 of 2024 Rs.7,000/- under his employer Zomato as a supply boy/delivery boy; the educational qualification of the petitioner-wife is BCA. However, nothing is mentioned with regard to any income being drawn/earned by the petitioner-wife. Admittedly, the petitioner-wife is neither having any source of income for herself nor she is employed, but she is residing in own house along with her parents. 10. Though the respondent-husband, in the affidavit of assets and liabilities, has stated that he is earning only Rs.5,000/- to Rs.7,000/- per month having done his PUC, it is hard to believe in the present generation that can a person survive by earning only Rs.5,000/- to Rs.7,000/- in the present day high cost of living. However, in the very same affidavit, he has admitted to the fact that the petitioner- wife is unemployed and not having any source of income. Therefore, learned counsel for respondent- husband contends that the respondent-husband is ready and willing to take care of the minor child's expenses - 8 - NC: 2025:KHC:8774 WP No. 7172 of 2024 provided the child is put to an educational institution, where he can afford the expenses according to his status and capacity rather than putting the child to the School, where the fees are very high. 11. On a careful perusal of the affidavits of assets and liabilities filed by both parties, the respondent- husband is employed and he is earning some income, whereas the petitioner-wife is not employed and not earning. However, it is the duty of the respondent- husband to take care of the maintenance of the wife and the minor child, unless he is able to show on proof before this Court that the wife is capable of earning and is having sufficient source of income for the present, then this Court may deprive the wife from payment of maintenance on such material being placed. 12. Coming to the aspect of payment of maintenance to the minor child, it is the duty of both the parents to take care of the welfare and wellbeing of the minor child including educational expenses, food, clothing, shelter and - 9 - NC: 2025:KHC:8774 WP No. 7172 of 2024 other miscellaneous expenditures. The Family Court has dealt with all these aspects of assets and liabilities, the income stated by the petitioner-wife as that of the respondent-husband and so also her monthly expenditure. The documents with regard to the expenditure of the minor child are also produced by learned counsel for petitioner-wife before this Court, which comes to around Rs.2,00,000/- per annum and the same would come to around Rs.16,500/- per month. 13. Admittedly, the petitioner-wife is unemployed and she has no source of income. Though learned counsel for petitioner-wife contended that the wife has incurred a sum of Rs.5,75,000/- towards the educational expenses of the minor child from 2015 to 2019. However, the same amount cannot be awarded, as the petitioner-wife herself left for parental home to live with her parents. The admission of the minor child to the present School i.e. National Hill View Public School, Banashankari 3rd Stage, is again disputed. According to the petitioner-wife, the - 10 - NC: 2025:KHC:8774 WP No. 7172 of 2024 respondent-husband consented to the child being put to the present School, whereas the respondent- husband contends that he has not consented to the same, as it may be the parents of the petitioner-wife influenced her to put the minor child to the said School, which is highly exorbitant and it is not within his capacity to send the child to the said School with high tuition fee and other expenses. Despite the divorce petition filed in the year 2019, it is seen that the application is filed on 16.03.2022 by the petitioner-wife for maintenance. The Family Court has partly allowed the application by awarding maintenance amount to the wife and the minor child from the date of filing the application. 14. It is seen that though the petitioner-wife has claimed a huge sum of Rs.5,75,000/- incurred towards financial educational expenses of the minor child, but relevant fee receipts have not been filed to that effect. The documents produced today also reflect that the petitioner- wife has paid expenses towards educational fee and - 11 - NC: 2025:KHC:8774 WP No. 7172 of 2024 miscellaneous expenses of Grade-7 of the minor child, which comes around to Rs.2,00,000/- per annum. Considering the fact that in the present day scenario, the cost of living and educational expenses of the child are very high, reasonable amount will have to be awarded to the minor child towards educational and miscellaneous expenditures. 15. Under the circumstances, this Court is of the opinion that the respondent-husband is duty bound to maintain the petitioner-wife as well as the minor child. Hence, he will have to bear the expenses as he is abled body person and gainfully employed. However, it cannot be believed that the respondent-husband is only earning a sum of Rs.5,000/- to Rs.7,000/- from his employment, which may not be true irrespective of the land papers and other documents produced by the petitioner-wife unless sufficient material is produced to show the correct income by both parties. The Family Court and this Court can only - 12 - NC: 2025:KHC:8774 WP No. 7172 of 2024 make a rough calculation on the basis of the expenditures incurred by both the parties to award maintenance. 16. It is also seen in most of the cases, though assets and liabilities are directed to be filed, only in very few matters, the correct and truthful affidavit with honesty is filed by both parties. Therefore, the affidavits of assets and liabilities filed by the parties would now require detail trial to be recorded by ascertaining the same and by permitting the parties to adduce their evidence and establish the income for grant of maintenance in the matter pending before the Family Court. 17. Nevertheless, the interim maintenance will have to be awarded to the petitioner-wife and the minor child for their daily sustenance and educational expenses of the minor child. Considering all these aspects, the assets and liabilities, the educational expenses of the minor child and the unemployment of the petitioner-wife, this Court is of the opinion that the sum of Rs.10,000/- be paid to the petitioner-wife and a sum of Rs.8,000/- be paid to the - 13 - NC: 2025:KHC:8774 WP No. 7172 of 2024 minor child towards her food, clothing and educational expenses. Accordingly, I pass the following order: i) This petition is allowed-in-part; ii) The impugned order dated 20.01.2024 passed on IA.No.4 in MC.No.3059/2019 by the Principal Judge, Family Court, Bengaluru, is hereby set-aside. However, the following order is passed on IA.No.4: a) The respondent-husband shall pay a sum of Rs.10,000/- per month to the petitioner-wife and Rs.8,000/- per month to the minor child towards maintenance; b) The respondent-husband shall pay the arrears of maintenance from the date of the application, within a period of three months from the date of receipt of a copy of this order. Sd/- (PRADEEP SINGH YERUR) JUDGE LB/List No.: 1 Sl No.: 44