- 1 - HC-KAR NC: 2025:KHC:33009 RPFC No. 9 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF AUGUST, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI REV.PET FAMILY COURT NO. 9 OF 2023 BETWEEN: 1. SMT. JYOTHI W/O J. PRABHAKAR RAO, AGED ABOUT 44 YEARS. 2. P. VIVEK S/O. J. PRABHAKAR RAO, AGED ABOUT 11 YEARS REPRESENTED BY HIS MOTHER NATURAL GUARDIAN 1ST PETITIONER BOTH ARE RESIDING AT RANGENAHALLI, NEAR VILLAGE PANCHAYATH OFFICE, THARIKERE TALUK, CHIKKAMANGALORE DISTRICT - 577 101. …PETITIONERS (BY SRI. M V MAHESWARAPPA, ADVOCATE) AND: J PRABHAKAR RAO S/O JAYASHEELA RAO, AGED ABOUT 52 YEARS, EMPLOYEE IN RAILWAY DEPARTMENT, WORKING AS P-WAY SUPERVISOR - SSE PWAY - SHIVAMOGGA AND RESIDENT OF SIDDANGANGA NILAYA, POLICE LAYOUT ROAD, SHIVAMOGGA - 577 201. …RESPONDENT (RESPONDENT - J PRABHAKAR RAO SERVED) THIS RPFC IS FILED U/S. 19(4) OF THE FAMILY COURT ACT, 1984 PRAYING THAT THIS HONBLE COURT MAY BE PLEASED TO SET ASIDE THE JUDGMENT AND ORDER PASSED BY THE FAMILY COURT, Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:33009 RPFC No. 9 of 2023 SHIVAMOGGA IN CRL.MISC.NO.94/2014 DATED 07.07.2021 AND TO GRANT THE MAINTENANCE TO PETITIONER NO.2 UNDER THE FACTS AND CIRCUMSTANCES OF THE CASE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER Aggrieved by the order passed in Crl.Misc.No.94/2014 dated 07.07.2021 by the Principal Judge, Family Court, Shivamogga, whereby, the Family Court had granted maintenance of an amount of Rs.9,000/- per month to the wife and not granted any maintenance to the child, the mother is before this Court seeking enhancement of the maintenance as well questioning the order of the Family Court in not granting maintenance to the son. 2. The Family Court had refused maintenance to the 2nd petitioner/son as the husband had filed his objections stating that he has two children in the wedlock and he is not the father of the 2nd petitioner. The Family Court had observed that initially no documents were filed. There was no whisper from the side of the wife and later she filed certain documents - 3 - HC-KAR NC: 2025:KHC:33009 RPFC No. 9 of 2023 i.e, School records, which show the name of the father and daughter. Whereas the hospital records which are placed before the Court and the objections were raised stating that, it is not signed by the concerned. The Family Court has also observed that the wife has not filed the birth certificate of the child. Basing on that the Family Court has denied maintenance to the child. 3. It is an undisputed fact that in Crl.Misc.No.94/2014, the Family Court had granted her an amount of Rs.9,000/- as maintenance and in W.P.No.9605/2016 the Co-ordinate bench of this Court had granted her an amount of Rs.5,000/- as maintenance. Altogether the wife is receiving an amount of Rs.14,000/- as maintenance. The husband's take home salary is Rs.55,000/- and the maintenance awarded amounts to Rs.14,000/-. 4. Coming to the entitlement of the son/2nd petitioner is concerned, the Family Court in the summary proceedings under Section 125 Cr.P.C., ought not to have given such a finding, whereas the husband had already filed the M.C. case against the wife on the ground of adultery, and the same is - 4 - HC-KAR NC: 2025:KHC:33009 RPFC No. 9 of 2023 pending before the Family Court. In the said case, it is for the husband to prove whether he is the biological father of the 2nd petitioner/son. Prima facie, the material placed before this Court i.e., the Birth Certificate, shows that the respondent is the father. 5. In those circumstances, the Family Court ought not to have rejected the maintenance to 2nd petitioner/son. Considering the fact that already an amount of Rs.14,000/- is awarded to the wife, this Court deems it appropriate to grant another sum of Rs.2,000/- to the 2nd petitioner/son and no more enhancement is required for the wife, as the husband is already taking care of other two children, who are born from the wedlock. Accordingly this Court is passing the following : ORDER i. The order passed in Crl.Misc.No.94/2014 dated 07.07.2021 by the Prl. Judge, Family Court, Shivamogga, is modified. - 5 - HC-KAR NC: 2025:KHC:33009 RPFC No. 9 of 2023 ii. 2nd Petitioner/son is entitled for the maintenance of an amount of Rs.2,000/- and this Court do not find any reason to enhance the compensation awarded to the wife. iii. Accordingly, the RPFC is partly allowed. iv. All I.As., in this petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE PSJ List No.: 2 Sl No.: 10