- 1 - HC-KAR NC: 2025:KHC:28994 WP No. 36215 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JULY, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 36215 OF 2024 (GM-FC) BETWEEN: SHAFI AHAMED Y.M., S/O LATE MOHAMMAD ANWAR SAB, AGED ABOUT 40 YEARS, R/AT YALADABAGI VILLAGE, KALLAMBELLA HOBLI, SIRA TALUK, TUMAKURU DISTRICT-572 125 …PETITIONER (BY SRI. HARSHAVARDHAN, ADVOCATE) AND: 1. MOHAMMAD FAIZANYS S/O SHAFI AHAMMED Y.M. AGED ABOUT 6 YEARS, REPRESENTED BY NATURAL GUARDIAN-MOTHER NAMELY RAMEEN TAJ, AGED ABOUT 27 YEARS, R/AT 8TH CROSS, BOMBAY BUILDING, P.H. COLONY, TUMAKURU-560 101 2. RAMEEN TAJ, AGED ABOUT 27 YEARS, R/AT 8TH CROSS, BOMBAY BUILDING, P.H. COLONY, TUMAKURU-560 101. ALSO AT EMPLOYEE ID NO.NAPS0417, LM WIND POWER, PLOT NO. 85, KIADB INDUSTRIAL AREA, PHASE II, Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:28994 WP No. 36215 of 2024 DABASPETE, NELAMANGALA TALUK, BENGALURU DISTRICT-562 111 …RESPONDENTS (BY SMT.POONAM N., ADVOCATE) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE ORDER DATED 10.10.2024 PASSED BY THE PRL.JUDGE, FAMILY COURT, TUMAKURU, ON I.A.NO.2, FILED BY THE RESPONDENTS UNDER SECTION 125(C) CR.P.C, IN CRL.MISC.NO13/2024, WHICH IS AT ANNEXURE A 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 ORAL ORDER Aggrieved by the order passed in I.A.Nos.II & VIII in Crl.Misc.No.13/2024 dated 10.10.2024 by the Principal Judge, Family Court, Tumakuru, whereby the Family Court had granted maintenance of an amount of Rs.5,000/- per month to the son, the petitioner/father is before this Court. 2. The parties are referred to as father and the mother for the sake of convenience. 3. The mother had filed the petition seeking maintenance of an amount Rs.10,000/- per month for the son. It is the case of the mother that the father is working and earning an amount of Rs.60,000/- per month. - 3 - HC-KAR NC: 2025:KHC:28994 WP No. 36215 of 2024 4. It is the case of the father that he is earning an amount of Rs.44,000/- per month and the mother is working and earning an amount of Rs.25,000/- per month. Further, he has taken loans and he has to pay the EMI and it is difficult for the father to pay the maintenance to the child. 5. Learned counsel for the petitioner/father has placed a memo for production of medical records of the petitioner along with a discharge summary to show that he is having several health issues and submits that an amount of Rs.5,000/- per month that is granted by the Family Court is on the higher side. 6. Learned counsel appearing for the respondent/mother submits that the Family Court had considered all the issues and in fact the amount that is granted by the Family Court is on the lower side. Whether the wife has taken any other gold ornaments, whether she is employed or not, are not the basis for the Court to grant the maintenance as the maintenance is sought for the child. It is the responsibility of the father to take care of the child. It is submitted that there are no grounds to interfere with the order passed by the Family Court. - 4 - HC-KAR NC: 2025:KHC:28994 WP No. 36215 of 2024 7. Having heard the learned counsels on either side, perused the entire material on record. The undisputed facts are that the income of the father is an amount of Rs.44,000/- per month. The relationship of the parties is not disputed. It is the case of the father that he has taken credit and he has to pay the EMI and that he is having health issues and the mother is earning. The Family Court had granted only an amount of Rs.5,000/- as maintenance and that amount is also not to the mother, but to the child. When the father is getting an amount of Rs.44,000/- per month, whatever are his expenses, he has the responsibility to take care of the child. It is submitted by the learned counsel for the father that the mother is employed and she is able to take care of the child. With an amount of Rs.5,000/- per month granted by the Family Court, the mother will not be able to take care of the child. In that view of the matter, the health conditions or the other reasons that are placed before the Court are not the reasons for this Court to interfere with the order passed by the Family Court. Hence, this court finds no reason to interfere with the well considered order passed by the Family Court. Hence, this Court is passing the following order: - 5 - HC-KAR NC: 2025:KHC:28994 WP No. 36215 of 2024 ORDER i. Accordingly, the writ petition is dismissed. ii. All I.As. in this petition shall stand closed. Sd/- (LALITHA KANNEGANTI) JUDGE MEG List No.: 1 Sl No.: 49