- 1 - HC-KAR NC: 2025:KHC:38642 WP No. 5274 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 5274 OF 2024 (GM-FC) BETWEEN: SRI. L SHEKAR @ L CHANDRASHEKAR S/O LATE ANGADI NARASAPPA AGED ABOUT 52 YEARS R/AT #1080, SRI LAKSHMI NILAYA, NARASAPPA BUILDING, LAWRENCE SCHOOL ROAD, 4TH CROSS, KALYAN NAGAR, T. DASARAHALLI, BENGALURU - 560057 …PETITIONER (BY SRI. MANJUNATH M. R., ADV.) AND: SMT. R DIVYA @ DIVYA MANGALA W/O L SHEKAR D/O R RAMA MURTHY, R/AT #784, BIJAJI ROAD, OPP: GOVERNMENT SCHOOL HESARGATTA, BENGALURU - 560088. …RESPONDENT (BY SRI. RAMESHA M.S., ADV.) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DTD. 07.11.2023 PASSED BY THE I ADDL. PRINCIPAL JUDGE FAMILY COURT AT BENGALURU IN CRL. MISC. NO.94/2020 PRODUCED AT ANNX-A ON THE APPLICATION NO.2 FILED BY THE RESPONDENT FOR INTERIM MAINTENANCE PRODUCED AT ANNX-C AND ETC. Digitally signed by LAKSHMINARAYAN N Location: HIGH COURT OF KARNATAKA. - 2 - HC-KAR NC: 2025:KHC:38642 WP No. 5274 of 2024 THIS PETITION, COMING ON FOR DISMISSAL, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER Aggrieved by the order passed in IA No.II in Crl.Misc.No.94/2020 dated 07.11.2023 by the I Addl. Prl. Judge, Family Court, Bengaluru, whereby the Family Court had granted maintenance of Rs.10,000/- each to the three respondents and Rs.15,000/- towards rent and also the education expenses, the petitioner/husband is before this Court. 2. The parties are referred to as husband and wife for the sake of convenience. 3. Learned counsel appearing for the petitioner/husband submits that the husband is running a provision stores and he is getting an income of Rs.40,000/- to Rs.45,000/- and the Family Court by virtue of the impugned order had granted an amount of Rs.45,000/- apart from the educational expenses. He further submitted that the Court has - 3 - HC-KAR NC: 2025:KHC:38642 WP No. 5274 of 2024 failed to consider the financial status of the husband and without any basis had granted the amount. 4. Learned counsel for the respondent/wife submits that the Family Court had rightly granted the amount towards maintenance. He further submits that as per the partition suit, the husband has got one house property wherein it is fetching Rs.1,00,000/- as rent apart from the above said income and also he is having a provision store from which he is getting income. 5. Learned counsel further submitted that as per the decision rendered by the Hon'ble Apex Court in the case of Rajnesh vs. Neha and Anr1, the husband has not filed the bank statement, statement of assets and liabilities and other relevant documents before the Court below. It is submitted that when the matter came up for 'preliminary hearing' before this Court, the submission made is that the arrears are fourteen lakhs but the arrears are twenty-seven lakhs and that there is a direction by this Court to pay seven lakhs towards arrears of maintenance and the amount is paid. 1 (2021) 2 scc 324 - 4 - HC-KAR NC: 2025:KHC:38642 WP No. 5274 of 2024 6. Having heard the learned counsels on either side, perused the entire material on record. When the wife files an application seeking maintenance, the burden lies on her to prove the income of the husband and as per the decision rendered by the Hon'ble Apex Court in the case of Rajnesh vs. Neha and Anr (supra), both the parties have to file their respective assets and liabilities statement along with other relevant documents. From the material on record and from the submission, it is clear that the parties have not complied with the decision rendered by the Hon'ble Apex Court in the aforesaid case and all the documents that are supposed to be filed are not filed before the Court below. Inspite of that, the Family Court had granted maintenance of an amount of Rs.45,000/- towards maintenance which includes the monthly rent. This Court is of the view that without any basis, the Court had granted an amount of Rs.45,000/- apart from the educational expenses. In that view of the matter, this Court deems it appropriate to set aside the impugned order and remit the matter to the Family Court. However, the husband shall pay an amount of Rs.20,000/- towards arrears of maintenance - 5 - HC-KAR NC: 2025:KHC:38642 WP No. 5274 of 2024 from the date of the IA till today by deducting an amount of seven lakhs that is already paid and he shall continue to pay Rs.20,000/- per month by fifth of every succeeding month, pending consideration of the IA No.II by the Family Court. 7. Accordingly, this Court is passing the following: ORDER i. The order dated 07.11.2023 passed in IA No.II in Crl.Misc.No.94/2020 by the Court of I Addl.Principal Judge, Family Court, Bengaluru, is set aside and the matter is remanded back to the Family Court for consideration of IA No.II. ii. The husband shall pay an amount of Rs.20,000/- towards arrears of maintenance from the date of application i.e. IA No.II till today and he shall clear all the arrears within a period of two months from the date of receipt of a copy of this order. iii. The husband shall continue to pay Rs.20,000/- per month by 5th of every succeeding month. iv. The parties shall file their respective assets and liabilities statement as per the law laid down by the - 6 - HC-KAR NC: 2025:KHC:38642 WP No. 5274 of 2024 Hon'ble Apex Court in the case of Rajnesh vs. Neha and Anr, within a period of twenty days from the date of receipt of a copy of this order and from thereon, the Family Court shall decide IA No.II within a period of two months. v. The writ petition is allowed. vi. All IAs., in this petition shall stand closed. Sd/- (LALITHA KANNEGANTI) JUDGE SSD List No.: 1 Sl No.: 1