- 1 - HC-KAR NC: 2025:KHC:21905 WP No. 29037 of 2024 C/W WP No. 2804 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JUNE, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 29037 OF 2024 (GM-FC) C/W WRIT PETITION NO. 2804 OF 2024 (GM-FC) IN WP No. 29037/2024 BETWEEN: 1. SMT VEENA PATIL K.M. W/O SUNIL C.N. AGED ABOUT 34 YEARS 2. MASTER SHIVAANK S/O SUNIL C.N. AGED ABOUT 6.5 YEARS 3. MASTER SHISHIRA S/O SUNIL C.N. AGED ABOUT 6.5 YEARS PETITIONER NO.2 & 3 ARE MINORS REPRESENTED BY THIER NATURAL GURADIAN MOTHER SMT. VINA PATIL PETITIONER NO.1 TO 3 ARE R/AT C/O MALLIKARJUANAPPA SRI KIRAN NILAYA BALARAJ URS ROAD NEAR NGO’S, KEB CIRCLE SHIVAMOGGA- 577 201 …PETITIONERS (BY SRI. B.M.HALA SWAMY, ADVOCATE) Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:21905 WP No. 29037 of 2024 C/W WP No. 2804 of 2024 AND: SRI SUNIL C.N., S/O NAGARAJ C. P., AGED ABOUT 37 YEARS R/AT “SANNIDHI” APARTMENT MARUTHI LAYOUT K.R.PURAM HOBLI KUNDANAHALLI BENGALURU -560 037 ALSO AT 3RD CROSS CHINNAGANGA NILAYA KUVEMPU ROAD SHIVAMOGGA -577 201 OFFICE ADDRESS REFINITIVE INDIA SHARED SERVICES PVT. LTD., DIVYASHREE TECHNOLOGIES 36/2, 124, YAMALURU VARTHUR HOBLI HAL AIRPORT ROAD BENGALURU -560 037 …RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE ORDER DATED: 24.07.2023 PASSED BY THE FAMILY COURT, SHIVAMOGGA IN SO FAR AS GRANTING INTERIM MAINTENANCE OF RS. 10,000/- PER MONTH EACH THE P-2 AND 3 AND ENCHANCE THE SAME TO RS. 30,000/- EACH P-2 AND 3 FROM THE DATE OF THE APPLICATION VIDE ANNEXURE-E. IN WP NO. 2804/2024 BETWEEN: SUNIL. C.N. S/O NAGARAJU C.P. AGED ABOUT 36 YEARS, F 102, SANNIDI APARTMENT, MARUTHI LAYOUT, K.R PURAM (HOBLI) KUNDANAHALLI, BANGALORE-560 037 - 3 - HC-KAR NC: 2025:KHC:21905 WP No. 29037 of 2024 C/W WP No. 2804 of 2024 PERMANENT ADDRESS R/O 3RD CROSS, CHINNAGANGA NILAYA, KUVEMPU ROAD, SHIVAMOGGA-577 201 ...PETITIONER (BY SRI. R.GOPAL, ADVOCATE) AND: 1. SMT VEENA PATIL K.M. W/O SUNIL C.N. AGED ABOUT 33 YEARS 2. MASTER SHIVAANK S/O SUNIL C.N. AGED ABOUT 5 YEARS 3. MASTER S.SHISHIRA S/O SUNIL C.N. AGED ABOUT 5 YEARS RESPONDENT NO.2 & 3 ARE MINORS REPRESENTED BY THIER NATURAL GURADIAN MOTHER SMT. VEENA PATIL ALL ARE R/AT C/O K.M.MALLIKARJUANAPPA SRI KIRANA NILAYA BALARAJ URS ROAD NEAR NGO’S, KEB CIRCLE SHIVAMOGGA- 577 201 ...RESPONDENTS (BY SRI. B M HALASWAMY.,ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH/MODIFY THE SAID IMPUGNED ORDER DATED: 24.07.2023 VIDE ANNEXURE-A PASSED BY THE PRINCIPAL JUDGE, FAMILY COURT AT SHIMOGA ON IA NO.1 IN CRL.MIS.NO.154/2023. THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 4 - HC-KAR NC: 2025:KHC:21905 WP No. 29037 of 2024 C/W WP No. 2804 of 2024 CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER Aggrieved by the orders passed on I.A.No.1 in Crl.Misc.No.154/2022 dated 24.07.2023 by the Prl. Judge, Family Court, Shivamogga, both the father and mother are before this court. The mother's petition is WP.No.29037/2024 and the father's petition is WP No.2804/2024. The mother is seeking for maintenance of an amount of Rs.30,000/- each to the two children and the family court had granted Rs.10,000/- each. The mother and father both are aggrieved by the said order. Mother seeks the enhancement and the father seeks reduction of the said amount. 2. Learned counsel appearing for the wife submits that both of them are working. Father is earning an amount of Rs.1,09,000/- and the mother is earning Rs.1,02,000/-. Both of them were staying separately from 2020 and the father has not taken care of the children. Now they are the school going children and no educational expenses are paid by the father. It is submitted that for both the children they are spending an amount of Rs.3,00,000/- and odd towards the school expenses. - 5 - HC-KAR NC: 2025:KHC:21905 WP No. 29037 of 2024 C/W WP No. 2804 of 2024 It is submitted that the amount of Rs.10,000/- that is granted by the court is on the lower side. 3. Learned counsel appearing to the husband submits that the wife had not disclosed the correct facts with regard to her finances. According to the learned counsel, she is earning more than the salary and much more than what has been stated before the court and she is also owning a multi-storeyed building which she has let out for rent. It has submitted that an amount of Rs.20,000/- granted by the court i.e., Rs.10,000/- to each children is on the higher side and in fact considering the financial capacity of the wife, maintenance amount of Rs.20,000/- to be shared by both of them. 4. Having heard the learned counsels on either side, perused the entire material on record. There is no dispute about the fact that both the husband and wife are earning almost equal amounts and the wife is completely taking care of the children. The family court had granted maintenance of ₹10,000/- to each children. The submission of the learned counsel for the husband that the wife is earning more and he will only pay an amount of Rs.10,000/-. Such submission made - 6 - HC-KAR NC: 2025:KHC:21905 WP No. 29037 of 2024 C/W WP No. 2804 of 2024 by the father is not acceptable. The wife had not sought for maintenance for herself or for the educational expenses of the children. It is the responsibility of the father to take care of the children. Admittedly, his income is Rs.1,09,000/- and the wife is taking care of the responsibility of the children completely. However this court cannot consider the same in this petition i.e., the educational expenses as it was not sought by the mother. The mother is at liberty to file appropriate application. In the light of the above discussion, this court is passing the following: ORDER i. The husband shall pay an amount of Rs.10,000/- to both children. ii. Then coming to the educational expenses, no such application is filed before the court below. It is always open to the mother to seek maintenance for the children. While determining the educational expenses, the court can also reconsider the amount that is - 7 - HC-KAR NC: 2025:KHC:21905 WP No. 29037 of 2024 C/W WP No. 2804 of 2024 granted by this court towards the maintenance of children. iii. Accordingly, both the writ petitions are disposed off. iv. All pending I.As., in the writ petitions shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE TS List No.: 1 Sl No.: 11