- 1 - HC-KAR NC: 2025:KHC:34314 WP No. 21322 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 21322 OF 2024 (GM-FC) BETWEEN: 1. SRI. D. HANUMANTHE GOWDA S/O. LATE MUTHAPPA AGED ABOUT 76 YEARS (SENIOR CITIZEN BENEFIT NOT CLAIMED) 2. SHRI. SIDDHARTHA D.H. S/O SHRI. D. HANUMANTHE GOWDA AGED ABOUT 36 YEARS BOTH ARE RESIDING AT #4040, 10TH 'D' MAIN, 1ST BLOCK, JAYANAGAR BENGALURU - 560 011. …PETITIONERS (BY SRI. PRASANNA KUMAR R.S., ADVOCATE) AND: SMT. LAKSHMI. D.H. W/O D. HANUMANTHE GOWDA, AGED ABOUT 65 YEARS PERMANENT RESIDENT OF RAMAR KOLI STREET WEST, AKKACHIKUPPAM, SHOLINGHUR TALUK, RANIPET DISTRICT, TAMILNADU - 632 510, PRESENTLY C/O. SRI. VIJAYA KUMAR NO.1320/17, 8TH MAIN ROAD, Digitally signed by SWAPNA V Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:34314 WP No. 21322 of 2024 'A' BLOCK, 2ND STAGE, RAJAJINAGAR BENGALURU - 560 010 …RESPONDENT (BY SRI. NEHRU .P., ADVOCATE) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE ORDER DTD 16.04.2024 PASSED IN CRL.MISC.NO.581/2022 BY THE PRINCIPAL JUDGE, FAMILY COURT, AT BANGALORE VIDE ANNX-A AND ETC., THIS W.P., COMING ON FOR PRELIMINARY HEARING - 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 IA No.II, in Crl.Misc.No.581/2022 dated 16.04.2024, by the Principal Judge, Family Court, Bangalore, whereby, the Family Court had granted maintenance of Rs.20,000/-, which is payable by the husband and the son, the present writ petition is filed. 2. The parties are referred to as mother, husband and son. 3. The wife had filed Crl.Misc.No.581/2022 under Section 125 of Cr.P.C., seeking maintenance of an amount of Rs.25,000/- per month and Rs.25,000/- as legal expenses. - 3 - HC-KAR NC: 2025:KHC:34314 WP No. 21322 of 2024 4. It is the case of the mother that son and the husband are having enough income and she is not in a position to maintain herself. It is stated that she is married earlier and in the said marriage, she has one son and later she has married to the first petitioner herein, and in the wedlock, second son is born. It is her case that both of them are not taking care of her. 5. Learned counsel appearing for both petitioner No.1 - father and petitioner No.2 - the second son submits that before the Court father disputed the relationship that he never married. No document is placed before the Court to show that marriage is performed. However, he does not deny the fact that the second petitioner herein is the son of the respondent herein, who is the mother. He says that he has taken his son in adoption. It is submitted that the father is retired person and is getting Rs.28,000/- as pension and the son is earning Rs.1,38,685/-. But he has several other commitments. He has taken lot of loans and he has to repay the same. Further, petitioner No.1's sister, they are the aunts of the petitioner No.2, who are the spinsters and he has to take care of them - 4 - HC-KAR NC: 2025:KHC:34314 WP No. 21322 of 2024 and their medical expenses. In view of the same, respondent No.1 is not entitled for maintenance, as there is no relationship with the petitioner No.1 and secondly, the amount that is granted is on the higher side. 6. Learned counsel appearing for the respondent- mother submits that both the petitioners are having sufficient income. In fact, in the recent past, she has suffered a heart attack and she is undergoing treatment. She is in dire necessity of the money and the other son from the first marriage is not doing good in life. As such, she is not in a position to maintain herself. 7. Heard the learned counsels on either side, perused the material on record. 8. The dispute with regard to the relationship of the parties, the family Court had rightly considered and granted the interim maintenance and this Court cannot interfere with the findings. Coming to the quantum of maintenance, the Family Court had directed both the father and son to pay Rs.20,000/- together jointly and severally. The father is getting Rs.28,000/- - 5 - HC-KAR NC: 2025:KHC:34314 WP No. 21322 of 2024 as pension and it is the case that son has so many commitments. Whatever may be the reason, considering the health condition of the respondent - mother, it is the responsibility of the both the parties to maintain her. However, considering the financial capacity of the second petitioner and the requirement of the wife, the amount of maintenance granted by the Court is reduced from Rs.20,000/- to Rs.15,000/-, which is payable by petitioner No.2. Hence, the following: ORDER (i) The order passed in I.A.No.II in Crl.Misc.No.581/2022 dated 16.04.2024 by the Principal Judge, Family Court, Bangalore, is modified and the maintenance of an amount of Rs.20,000/- is reduced to Rs.15,000/- which is payable by 2nd petitioner. (ii) As far as the litigation expenses are concerned this Court is not interfering. - 6 - HC-KAR NC: 2025:KHC:34314 WP No. 21322 of 2024 (iii) Accordingly, the writ petition is disposed of. (iv) All pending I.As, if any, in the writ petition shall stand closed. Sd/- (LALITHA KANNEGANTI) JUDGE BH CT:VS List No.: 1 Sl No.: 21