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2025 DAILYLAW 39537 (KAR)

SRI SUBRAMANYA K v. SMT RESHMA

WP/4007/2023 · 2025-08-21

Lalitha Kanneganti

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:32622 WP No. 4007 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF AUGUST, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 4007 OF 2023 (GM-FC) BETWEEN: SRI. SUBRAMANYA K. S/O. K. KUSHA AGED ABOUT 35 YEARS, R/O AT NO.305, PARASHURAMA APARTMENTS, SBI OFFICERS QUARTERS, LADY HILL, MANGALURU - 575 006 …PETITIONER (BY SRI. VINOD KUMAR M., ADVOCATE) AND: SMT. RESHMA D/O. LADE PANDURANGA, AGED ABOVE 32 YEARS, R/O AT INDIRA NILAYA, NELLITHADKA, MUDNOOR VILLAGE, ISHWARAMANGALA, KAVU, PUTTURU TALUK, MANGALURU DISTRICT - 574 313 …RESPONDENT (BY SRI. ANANDARAMA K., ADVOCATE) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS FROM M.C.NO.149/2022 IN THE FILE OF PRINCIPAL JUDGE, FAMILY COURT, D.K. MANGALURU PRODUCED AT ANNEXURE-A AND ISSUE A WRIT OF CERTIORARI SETTING ASIDE THE ORDER DATED 25/01/2023 IN M.C.NO.149/2022 ON IA III PRINCIPAL JUDGE, FAMILY COURT, D.K. MANGALURU PRODUCED AT ANNEXURE-H AND ETC. Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:32622 WP No. 4007 of 2023 THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER Aggrieved by the order passed on I.A.No.III in M.C.No.149/2022 dated 25.01.2023 by the Principal Judge, Family Court, D.K. Mangaluru, whereby the Family Court had granted an amount of Rs.20,000/- per month to the respondent/wife, the petitioner/husband is before this Court. 2. The parties are referred to as husband and wife for the sake of convenience. 3. The Family Court by way of order impugned had granted an amount of Rs.20,000/- per month to the wife from 25.08.2025 till disposal of this case. 4. Learned counsel for the petitioner/husband submits that the salary of the husband is an amount of Rs.38,551/-. The wife is educated and still she is not working. When the husband's salary itself is an amount of Rs.38,551/-, the Court ought to have granted an amount of Rs.20,000/- as maintenance. He further submitted that the respondent/wife is - 3 - HC-KAR NC: 2025:KHC:32622 WP No. 4007 of 2023 an educated and in spite of that she is not working. Even on that ground also she is not entitled for maintenance. 5. Learned Senior counsel appearing for the respondent/ wife submits that though the wife is educated, she is residing in a remote village along with her parents. Because of her rural background, she is not in a position to secure any job. It is also submitted that she is making all her best efforts to get the job. 6. Having heard the learned counsel for the petitioner and the learned Senior Counsel for the respondent, perused the entire material on record. 7. The Family Court had granted an amount of Rs.20,000/- per month as interim maintenance. When the husband's salary itself is an amount of Rs.38,551/-, on the first round, the Court ought not to have granted an amount of Rs.20,000/- as interim maintenance. The wife being an educated lady, she should make the best efforts to secure a job and forever she cannot depend upon the husband. That too considering the fact that, she left the matrimonial home within - 4 - HC-KAR NC: 2025:KHC:32622 WP No. 4007 of 2023 a month from the date of marriage. She should make all her efforts to get a job. 8. Considering all these, this Court is passing the following order: ORDER i. The order passed on I.A.No.III in M.C.No.149/2022 dated 25.01.2023 by the Principal Judge, Family Court, D.K. Mangaluru, is modified by reducing the maintenance from an amount of Rs.20,000/- to Rs.12,500/- per month. ii. The Court of the Principal Judge, Family Court, D.K. Mangaluru, is directed to dispose off M.C.No.149/2022 by 15.12.2025. iii. Accordingly, the writ petition is disposed of. All I.As. in this writ petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE PHM List No.: 2 Sl No.: 1