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2025 DAILYLAW 39813 (KAR)

SRI ABHIJITH v. SMT N M VYJAYANTHI

WP/6797/2024 · 2025-08-23

Lalitha Kanneganti

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:33635 WP No. 6797 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF AUGUST, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 6797 OF 2024 (GM-FC) BETWEEN: SRI ABHIJITH SON OF SRI. SRINIVAS RAGHAVAN AGED ABOUT 35 YEARS R A/T NO. 30, SRI KRUPA BRUNDAVAN LAYOUT KUMARAN S COLLEGE ROAD, SUBRAMANYAPURA BANGALORE 560 061 …PETITIONER (BY SRI. ANANTH KUMAR C.,ADVOCATE) AND: SMT N M VYJAYANTHI WIFE F SRI. ABHIJITH H S AGED ABOUT 25 YEARS R/AT NO. 568, VENKATARAMANA SWAMY TEMPLE OLD BADIKERE, KR MOHALLA MYOSRE 570 024 NOW RESIDING AT C/O SREEVATHSA M.K 1745, EAST END A MAIN ROAD, BEHIND PUMP HOUSE 9TH BLOCK, JAYANAGAR BENGALURU 560 069 …RESPONDENT (BY SRI. VISHWANATH R HEGDE.,ADVOCATE) Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:33635 WP No. 6797 of 2024 THIS WP IS FILED PRAYING TO SETTING ASIDE THE IMPUGNED ORDER PASSED BY THE 1ST ADDL. PRINCIPAL JUDGE FAMILY COURT BANGALORE, IN MC NO. 5995/2019 DATED 06/11/2023 ANNEXURE-E. 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 ORAL ORDER Aggrieved by the order passed in I.A.No.III and IV in MC.No.5995/2019 dated 06.11.2023 by the I Additional Principal Family Court, Bengaluru whereby, the Family Court had granted an amount of Rs.20,000/- per month as maintenance and litigation expenses at Rs.25,000/- to the wife. The husband is before this court. 2. Learned counsel appearing for the husband submits that as on the date when the order is passed his income is Rs.84,000/- per month and after that because of the complaint given by the wife, he lost his job and now he is earning Rs.72,000/- per month. It is submitted that he has the responsibility of his brother and age old parents and the maintenance of an amount of Rs.20,000/- that is granted by the Family Court is on the higher side. - 3 - HC-KAR NC: 2025:KHC:33635 WP No. 6797 of 2024 3. Learned counsel appearing for the respondent/wife submits that earlier a contention was raised that the wife is earning and the wife has placed before the Court the bank statements. It is submitted that there is no evidence to show that his income has come down from Rs.84,000/- to Rs.72,000/-. It is submitted that the Family Court considering all the aspects has rightly granted an amount of Rs.20,000/- as maintenance and Rs.25,000/- as litigation expenses to the wife. 4. Having heard learned counsels on either side, perused the materials on record. As on the date the order is passed as per the Statement of Assets and Liabilities his income is Rs.84,000/-. Learned counsel submits that now because of the complaint given by the wife, he has lost the job and he is working in a private company and earning Rs.72,000/-. It is submitted that if an opportunity is given, he would be placing the said document before the Court. In these facts and circumstances, as the same is subjected to further orders to be passed by the Family Court during, and as of now, considering that the income of the husband is an amount of Rs.72,000/-, this Court is passing the following: - 4 - HC-KAR NC: 2025:KHC:33635 WP No. 6797 of 2024 ORDER i. The order passed in I.A.No.III and IV in MC.No.5995/2019 dated 06.11.2023 by the I Additional Principal Family Court, Bengaluru is modified and the maintenance of an amount of Rs.20,000/- is reduced to Rs.18,000/-. ii. As far as the litigation expenses are concerned this Court is not interfering. iii. Accordingly, the writ petition is disposed of. iv. All pending I.As in the writ petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE RJ