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2025 DAILYLAW 41932 (KAR)

SRI HARISH H V v. SMT. LAVANYA S

WP/23099/2025 · 2025-08-23

Lalitha Kanneganti

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:33258 WP No. 23099 of 2025 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. 23099 OF 2025 (GM-FC) BETWEEN: SRI HARISH H.V., S/O. VENKATESHAIAH AGED ABOUT 40 YEARS, RESIDING AT NO. 45/A, 1ST MAIN, 4TH CROSS, RHCS LAYOUT ANNAPOORNESHWARI NAGAR BENGALURU-560 091 …PETITIONER (BY SRI. G. RAVISHANKAR SHASTRY, ADVOCATE) AND: 1. SMT. LAVANYA S., W/O. MR. HARISH H.V., D/O. LATE. SRINIVAS D.T., AGED ABOUT 32 YEARS, 2. KUMARI NISHIKA D/O. MR. HARISH H.V., AGED ABOUT 5 YEARS MINOR REPRESENTED BY HER NATURAL Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:33258 WP No. 23099 of 2025 GUARDIAN/MOTHER RESPONDENT NO. 1, SMT. LAVANYA S BOTH ARE RESIDING AT NO. 48, 1ST FLOOR, TELEPHONE EMPLOYEES LAYOUT, SUNKADAKATTE, BENGALURU-560 091 AND ALSO AT NO. 208, 2ND CROSS, 5TH MAIN ROAD, RAJAGOPAL NAGAR POLICE STATION PEENYA 2ND STAGE, BENGALURU -560 058 …RESPONDENTS (BY SRI. S.R.SREEDHAR, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO WRIT OF CERTIORARI SETTING ASIDE THE ORDER DATED 14-03-2025 ON IA NO. 2 IN CRL. MISC. NO. 1058/2023 PASSED BY THE COURT OF V ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, BENGALURU CERTIFIED COPY OF WHICH IS PRODUCED AT ANNEXURE A. 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:33258 WP No. 23099 of 2025 ORAL ORDER Aggrieved by the order passed in I.A.No.2 in Criminal Miscellaneous No.1058/2023 dated 14.03.2025 by the V Addl. Principal Judge, Family Court, Bengaluru whereby the Family Court had granted maintenance of an amount of Rs.25,000/- to the daughter, the husband is before this Court. 2. Both the parties are referred to as husband and wife for the sake of convenience. 3. Learned counsel appearing for the husband submits that the income of the husband is Rs.50,000/- and the income of the wife is Rs.1,50,000/-. The Family Court had granted an amount of Rs.25,000/- to the daughter as maintenance. It is submitted in that he has to pay Rs.30,000/- towards the housing loan which he is paying to the father as EMI, earlier the wife was paying the EMI and granting an amount of Rs.25,000/- as maintenance is on the higher side. 4. Learned counsel appearing for the respondent/wife submits that though it is stated that he is paying an amount of Rs.30,000/- as maintenance there is no evidence on record and even he has denied the fact that the wife is paying the EMI it is - 4 - HC-KAR NC: 2025:KHC:33258 WP No. 23099 of 2025 not pertaining to this. It is submitted by the learned counsel that the wife has to take care of the child and also she is residing in a rented house whereas, the husband is residing in his own house. In those circumstances, the court had rightly granted Rs.25,000/- as maintenance and there are no reasons to interfere. 5. Having heard the learned counsels on either side, perused the material on record. The admitted facts are that the husband's salary is Rs.50,000/- and the wife's salary is Rs.1,50,000/-. According to the husband he has to pay Rs.30,000/- towards EMI and according to the respondent/wife the said statement is not substantiated by any evidence on record as such that cannot be taken into consideration. Without even considering the fact that the husband is paying Rs.30,000/- towards EMI, considering the fact the salary of the husband at Rs.50,000/- and considering the salary of the wife at Rs.1,50,000/- this court deems it appropriate to grant the maintenance at Rs.12,500/- to the daughter. Accordingly this court is passing the following: - 5 - HC-KAR NC: 2025:KHC:33258 WP No. 23099 of 2025 ORDER i. The order passed in I.A.No.2 in Crl.Misc.No.1058/ 2023 dated 14.03.2025 by V Addl. Principal Judge, Family Court, Bengaluru is modified by reducing the maintenance from an amount of Rs.25,000/- to Rs.12,500/- per month. ii. Accordingly, the writ petition is disposed of. iii. All pending I.As. in these petitions shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE TS List No.: 1 Sl No.: 26