- 1 - HC-KAR NC: 2025:KHC:33012 WP No. 14573 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF AUGUST, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 14573 OF 2025 (GM-FC) BETWEEN: SHARATH KUMAR RAI S/O S BEERANNA RAI, AGED ABOUT 36 YEARS R/AT SUTHRABETTU HOUSE, NEAR PUTTUR RAILWAY STATION, PUTTUR, D K DISTRICT - 574 201.. …PETITIONER (BY SRI. S. RAJASHEKAR, ADVOCATE) AND: MRS. TEJASWINI R. SHETTY W/O SHARATH KUMAR RAI, D/O RAVINDRANATH SHETTY, R/AT GOLDEN APARTMENTS, G - 8, NEAR MONKEY STAND, NEW ROAD, SHIVANAGAR, MANGALADEVI, MANGALURU - 575 002. ALSO AT: STAFF NO.11507, HEAD OFFICE KARNATAKA BANK, MAHAVEERA CIRCLE, KANKANADY POST, MANGALURU -575 002. …RESPONDENT (BY SRI. RAKESH KINI, ADVOCATE) Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:33012 WP No. 14573 of 2025 THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 24.04.2025 PASSED ON I.A.NO.III FILED UNDER SECTION 26 OF THE HINDU MARRIAGE ACT IN M.C.NO.456/2024 PENDING ON THE FILE OF PRINCIPAL JUDGE, FAMILY COURT, D.K. MANGALURU VIDE ANNX-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 on I.A.No.III in M.C.No.456/2024 dated 24.04.2025 by the Principal Judge, Family Court, D.K., Mangaluru, whereby the Court had granted maintenance of an amount of Rs.15,000/- per month to the child, the husband is before this Court. 2. The parties are referred to as husband and wife for the sake of convenience. 3. The petitioner/husband has filed M.C.No.456/2024 seeking restitution of conjugal rights, in that the wife has filed I.A.No.III seeking interim maintenance of an amount of Rs.30,000/- and the Family Court had granted an amount of Rs.15,000/-. - 3 - HC-KAR NC: 2025:KHC:33012 WP No. 14573 of 2025 4. Learned counsel appearing for the petitioner/husband submits that both the husband and wife are equally earning and the son is aged about two years and for a boy aged two years granting maintenance of Rs.15,000/- is on the higher side. It is submitted that both the parents are earning equally, it is the responsibility of both the parents to contribute. Now, for a child of two years, a contribution of Rs.15000/- from both of them that is Rs.30,000/-, is on the higher side, the same needs to be reduced. Learned counsel further submits that when the husband has filed a petition for restitution of conjugal rights, without joining the husband she filed the petition seeking maintenance and the same cannot be granted. 5. Learned counsel appearing for the respondent/wife submits that the child is suffering with several health ailments and he has to undergo surgery that has been stated in her petition. It is submitted that she had spent huge amount for the surgery and the husband has not contributed. In those circumstances, the Family Court had rightly granted an amount of Rs.15,000/- and there are no grounds to interfere. - 4 - HC-KAR NC: 2025:KHC:33012 WP No. 14573 of 2025 6. Having heard the learned counsels on either side, perused the materials on record. 7. There is no dispute about the fact that both are employed and both are earning almost equally. The wife is taking care of the son who is two years old. Admittedly, the child is having health ailments and it is the case of the wife that she has been taking care of the medical expenditure of the son. If that is the case, she should have asked the husband, who also has the responsibility to take care of the son's medical expenses and she should have filed an application for those amounts by placing all the materials before the Family Court. But it appears that she has not filed any such applications. Then coming to the maintenance that is granted by the Family Court considering the age of the son who is aged about 2 years granting maintenance of an amount of Rs.15,000/- per month is on the higher side. Hence, this Court deems it appropriate to modify the order passed by the Family Court. Accordingly, this Court is passing the following: - 5 - HC-KAR NC: 2025:KHC:33012 WP No. 14573 of 2025 ORDER (i) The order passed on I.A.No.III in M.C.No.456/2024 dated 24th day of April, 2025 by Principal Judge, Family Court, D.K., Mangaluru is modified and the maintenance is reduced from an amount of Rs.15,000/- to Rs.10,000/-. (ii) If the wife had spent any amounts for the surgery of the child, she is at liberty to file an appropriate application and the Court shall consider the same in accordance with law. (iii) Accordingly the writ petition is partly allowed. (iv) Pending I.As. in this petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE PSJ List No.: 1 Sl No.: 16