- 1 - HC-KAR NC: 2025:KHC:46820 WP No. 24567 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 24567 OF 2025 (GM-FC) BETWEEN: SMT. VIDYALAKSHMI R WIFE OF LAKSHMAN KUMAR AGED ABOUT 32 YEARS RESIDING AT NO.3009/3, 17TH CROSS, 2ND MAIN, BANASHANKARI 2ND STAGE BENGALURU - 560 070. …PETITIONER (BY SRI. AKKIMANJUNATH GOWDA K, ADVOCATE) AND: SRI. LAKSHMAN KUMAR SON OF INDAR KUMAR, AGED ABOUT 41 YEARS, RESIDING AT NO. 69, D.K.STREET, SHIVAJINAGAR Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:46820 WP No. 24567 of 2025 BANGALORE - 560 001 …RESPONDENT (BY SRI. SOMASHEKAR KASHIMATH, ADVOCATE) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUNGED ORDER DATED 30-07-2024, ON IA NO.8 VIDE ANNEXURE E, IT IS ENTIRETY PASSED BY THE IV ADDL. PRL JUDGE, FAMILY COURT AT BENGALURU CALL IN MC NO.5023/2017 AWARDING MAINTENANCE OF TOTAL SUM OF RS.16,000/- PER MONTH THAT IS RS.10,000/- PER MONTH FOR THE PETITIONER AND RS.6,000/- PER MONTH FOR THEIR SON FROM THE DATE OF APPLICATION TO THE PETITIONER AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI - 3 - HC-KAR NC: 2025:KHC:46820 WP No. 24567 of 2025 ORAL ORDER Aggrieved by the order passed on I.A.No.VIII in M.C.No.5023/2017 dated 30.07.2024, the wife is before this Court seeking enhancement of maintenance. 2. The petition is filed seeking maintenance of an of amount of Rs.50,000/- per month to herself and her son. It is the case of the wife that the husband is earning approximately Rs.5,00,000/- per month and he is owning a house. 3. It is the case of the husband that the wife had initially filed an interlocutory application seeking maintenance and withdraw the same. After lapse of one year, she again filed the petition. According to him, he is running a printing press and his monthly income is Rs.40,000/- per month and he is ready and willing to pay Rs.10,000/- towards maintenance as he has to pay Rs.15,000/- towards rent of his house. His mother is suffering from respiratory problem, diabetes and other ailments and he has to take care of her. 4. The Family Court, while passing the impugned order, has observed that the husband has produced the Bank - 4 - HC-KAR NC: 2025:KHC:46820 WP No. 24567 of 2025 account statement of HDFC Bank, whereby inflow of money was Rs.1,75,000/- + Rs.2,00,000/- in January, 2021. Further, there is inflow of money of Rs.3,00,000/- in the month of February, 2021 and likewise in March, 2021, more than Rs.2,00,000/- was credited to his account. In April, 2021, there is RTGS transfer of Rs.5,00,000/-. So his bank entries makes out that there is inflow of funds in his account in the year 2021. In the same way even in 2022, there is sufficient inflow of funds. So, if the average inflow of funds per month is taken into consideration, it is not less than Rs.1,00,000/-. On the other hand, there is nothing to make out that the wife is employed or having any independent source of income. Even according to the husband, he is not aware of the income of the wife. The Family Court observed that it is the husband's responsibility to maintain his wife and children and he has already agreed to pay an amount of Rs.10,000/- per month towards maintenance, but the Family Court had granted Rs.16,000/- per month and Rs.20,000/- towards litigation expenses. 5. Learned counsel appearing for the petitioner submits that the husband's family is having landed properties, - 5 - HC-KAR NC: 2025:KHC:46820 WP No. 24567 of 2025 they have given the properties for development and have constructed 30 flats and in all those documents, the husband is the consenting party. According to the husband, the properties belong to his father and he is only the consenting party. 6. Learned counsel appearing for the petitioner has placed before this Court the cross-examination made before the Family Court and in that, he just deposed that he has not sold the properties and why he is a consenting party to that, nothing has been stated by him. Learned counsel submits that the husband is having so many properties, there is an inflow of amount in the account. In spite of that, husband is taking shelter under the fact that it belongs to his father and he is enjoying and having the comfort. According to husband, he travels in Mercedes, which belongs to his father and when it comes to the maintenance, he states that his income is Rs.40,000/- per month and he is ready to pay Rs.10,000/-. The Family Court having observed the inflow of amount and having given the finding that the income per month is Rs.1,00,000/-, had granted maintenance of Rs.16,000/- to the wife and the child. It is also submitted that when the parents are having - 6 - HC-KAR NC: 2025:KHC:46820 WP No. 24567 of 2025 properties and they sold 30 properties and the father is having Mercedes, why the petitioner is taking care of the mother who is suffering from ailments is not stated. It is submitted that only for the purpose of avoiding maintenance to the wife, the husband is coming up with all suppression and misrepresentation of the facts. It is also submitted that already wife has filed application to initiate perjury proceedings against the husband and the same is pending consideration. 7. Learned counsel appearing of the respondent/husband submits that the amounts in his accounts are transferred by his father and he has nothing to do with that and as far as the car is concerned, the same does not belong to him. The properties do not belong to him and the same belongs to his father. He is earning only Rs.40,000/- per month and voluntarily come forward to pay an amount of Rs.10,000/-. Though the Family Court has granted Rs.16,000/- per month, he has not questioned the same. It is submitted that there is no illegality with the order passed by the Family Court. 8. Having heard the learned counsel on either side, perused the material on record. The Hon'ble Apex Court in the - 7 - HC-KAR NC: 2025:KHC:46820 WP No. 24567 of 2025 case of Rajnesh v. Neha1, had laid down the guidelines on what are the documents that has to be placed before the Court when an application is filed seeking maintenance or alimony. 9. The present case is the classic case where the husband is trying to blow hot and cold. It is stated at one stretch that the parents are having the properties, car and he is enjoying the comfort and using it as it belongs to his father and in another stretch, he says that his mother is diabetic and having other ailments and he is taking care of her mother. In the city like Bengaluru, where 30 flats are sold and for all those 30 flats when he is a consenting party, it is the case of the husband that he is taking care of the mother and whatever is amount that he is getting, he has to contribute towards her well being also. On the face of it, it appears that the husband has come to the Court with suppression and misrepresentation of facts, only to avoid maintenance to the wife. Hence in the considered opinion of this Court, the person who has come to the Court with suppression of facts is not entitled for any relief and the Court ought to have take an adverse inference against 1 AIR 2021 SC 569 - 8 - HC-KAR NC: 2025:KHC:46820 WP No. 24567 of 2025 the husband. In the facts and circumstances, this Court is passing the following: ORDER (i) The order passed in I.A.No.VIII dated 30.07.2024 by the IV Addl. Prl. Judge, Family Court, Bengaluru is modified and the interim maintenance is enhanced from an amount of Rs.16,000/- to Rs.50,000/- per month. (ii) Pending application for perjury shall be decided by the Family Court and if any other material the wife wants to place before the Family Court, the Court shall give an opportunity to the wife and the husband to submit all the documents. (iii) In view of this exercise, as already the Court has directed the M.C. petition to be disposed of by 15th December 2025, the same is extended till 15th January, 2026. SD/- (LALITHA KANNEGANTI) JUDGE VM List No.: 1 Sl No.: 14