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2025 DAILYLAW 41492 (KAR)

YAMUNA A K v. SUNIL KUTTAIAH

WP/14083/2024 · 2025-09-24

Lalitha Kanneganti

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Judgment text

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- 1 - HC-KAR NC: 2025:KHC:39184 WP No. 14083 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 14083 OF 2024 (GM-FC) BETWEEN: 1. YAMUNA A K W/O SRI SUNIL KUTTAIAH AGED ABOUT 42 YEARS 2. OMISHA V K D/O SRI SUNIL KUTTAIAH AGED ABOUT 13 YEARS 3. RUSHANK V K S/O SRI SUNIL KUTTAIAH AGED ABOUT 6 YEARS PETITIONERS 2 AND 3 BEING MINORS ARE REP BY NATURAL GUARDIAN MOTHER PETITIONERS ARE R/AT DOOR NO 85, ANIKETHANA ROAD, KUVEMPUNAGAR, Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:39184 WP No. 14083 of 2024 MYSORE - 570 023 …PETITIONERS (BY SRI. MOHAN B.K., ADVOCATE) AND: SUNIL KUTTAIAH S/O V B POONACHA AGED ABOUT 48 YEARS R/AT TEMPLE SIDE ESTATE BALAJI VILLAGE MAYAMUDI POST PONNAMPET TALUK KODAGU - 571213 …RESPONDENT (BY SRI. JAGADISH BALIGA N., ADVOCATE) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 19.03.2024 PASSED BY THE HONBLE PRINCIPAL JUDGE, FAMILY JUDGE AT MYSORE IN C.MIS.NO.383/2023 (ANNEXURE - A), AND ETC. THIS PETITION, COMING ON FOR DISMISSAL, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI - 3 - HC-KAR NC: 2025:KHC:39184 WP No. 14083 of 2024 ORAL ORDER Aggrieved by the order passed in Crl.Misc.383/2023 dated 19.03.2024 by the Principal Judge, Family Court, Mysuru, whereby the Family Court had granted interim maintenance of an amount of Rs.3,000/- to the wife, Rs.5,000/- each to the son and daughter from the date of application pending disposal of the petition, the wife is before this Court. 2. The wife had filed an application under Section 125(1) of Cr.P.C seeking interim maintenance of an amount of Rs.1,50,000/- per month. 3. Learned counsel appearing for the petitioner/wife submits that the gross salary of the husband is Rs.2,00,000/- per month and maintenance that is awarded by the Family Court is Rs.13,000/- per month which is a meager amount. In an amount of Rs.13,000/- three people have to live. The amount that is awarded by that Family Court is not a reasonable amount and needs to be enhanced. - 4 - HC-KAR NC: 2025:KHC:39184 WP No. 14083 of 2024 4. Learned counsel appearing for the respondent/husband submits that his gross salary is Rs.2,00,000/- and after all deductions the take home salary is an amount of Rs Rs.1,00,000/-. It is submitted that husband is taking care of the educational expenses of two children and earlier he has paid an amount of Rs.25,000/- per month. It is submitted that he has to take care of himself and two aged parents. The amount that is awarded by the Family Court is reasonable and no interference is called for. 5. Having heard learned counsels on either side, perused the materials on record. Undisputedly, the gross salary of the husband is Rs.2,00,000/- and after deductions his take home salary is Rs.1,00,000/-. Except the statutory deductions, the Court cannot consider any other deductions. The wife and two children are dependent on him. The husband is taking care of educational expenses of the two children. The house rent and other expenses, the wife has to pay and also she has to care of - 5 - HC-KAR NC: 2025:KHC:39184 WP No. 14083 of 2024 day to day necessities. In the considered opinion, this Court is granting an amount of Rs.10,000/- each to wife and two children would be an appropriate amount. Accordingly, this Court is passing the following: ORDER i. The order passed in Crl.Misc.383/2023 dated 19.03.2024 by the Principal Judge, Family Court, Mysuru is modified. ii. The respondent/husband shall pay interim maintenance of an amount of Rs.10,000/- per month each to the wife and two children. Whatever amounts that are paid shall be deducted from that amount. iii. The arrears shall be cleared within a period of 3 months from the date of receipt of the copy of the order. iv. The respondent/husband shall also take care of the educational expenses of two children. - 6 - HC-KAR NC: 2025:KHC:39184 WP No. 14083 of 2024 v. The writ petition is partly allowed. vi. Pending IAs if any, shall also stand closed. SD/- (LALITHA KANNEGANTI) JUDGE RJ List No.: 1 Sl No.: 1