- 1 - NC: 2025:KHC:8413 WP No. 7173 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO. 7173 OF 2024 (GM-FC) BETWEEN: MR R KARTHICK PANDIAN S/O P. RAMASWAMY, AGED ABOUT 34 YEARS, R/AT NO.53/1, THIRUNAGAR, GTN SALAI, OPPOSITE TO MSP, DINDUGAL, TAMILNADU-624005 …PETITIONER (BY SRI. BHARATH L., ADVOCATE) AND: 1. MRS R MONICA W/O R. KARTHICK PANDIAN, AGED ABOUT 32 YEARS, 2. MASTER. K SIDHANTH AGHARAM AGED ABOUT 6 YEARS, S/O R. KARTHICK PANDIAN, SINCE MINOR REP BY THE MOTHER AND GUARDIAN, MRS. R MONICA, W/O R. KARTHICK PANDIAN, AGED ABOUT 32 YEARS, Digitally signed by CHAITHRA P Location: High Court of Karnataka - 2 - NC: 2025:KHC:8413 WP No. 7173 of 2024 R/AT NO.11, GROUND FLOOR, C.V.RAMAN NAGAR, BANGALORE-560063. …RESPONDENTS (BY SRI. RAVEENDRAN P., ADVOCATE) THIS WP IS FILED PRAYING TO A) QUASH THE ORDER IN C.MIS. NO. 755/2022 DATED 26/12/2023 PASSED BY THE HONBLE 1ST ADDL. PRINCIPAL JUDGE, FAMILY COURT, AT BENGLAURU, VIDE ANNEXURE-D AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE PRADEEP SINGH YERUR ORAL ORDER This petition is filed by the petitioner, who is the husband of respondent No.1 and father of respondent No.2 challenging the order dated 26.12.2023 passed by the First Additional Principal Judge, Family Court at Bengaluru in Crl.Misc.No.755/2022, whereby the learned judge of the Family Court has passed an order granting maintenance of Rs.15,000/- to respondent No.1-wife and Rs.10,000/- to respondent No.2-minor son and also awarded Rs.75,000/- - 3 - NC: 2025:KHC:8413 WP No. 7173 of 2024 annual educational expenses towards respondent No.2 and litigation expenses of Rs.25,000/- to respondent No.1. 2. There is no dispute with regard to the marriage between the petitioner and respondent No.1 and the child born from the marriage. Due to certain difference of opinion, the respondent No.1 filed a petition for restitution of conjugal rights in M.C.No.3291/2020 before the Principal Judge, Family Court at Bengaluru on 22.09.2020. Both the parties entered into a compromise on 29.09.2021 and agreed to join together to live amicably along with the minor child and thereafter the respondent No.1 moved to Chennai to join the petitioner and lived amicably. Prior to this it is not in dispute that, the petitioner was employed and he was earning Rs.1,18,059/- and the respondent No.1 was also employed and earning about Rs.1,93,000/- and thereafter Rs.1,57,733/- from two different organizations, the assets and liabilities by both the parties have been filed before the Family Court, based on which the interim order came to be passed by the Learned - 4 - NC: 2025:KHC:8413 WP No. 7173 of 2024 Family Judge. Pursuant to the compromise petition entered both the petitioner and respondent No.1 joined together at Chennai. Certain differences again cropped up due to which, the petitioner and respondent No.1 got separated. Respondent No.1 filed the present petition for maintenance, which came to be filed on 27.10.2022 claiming maintenance for herself and the minor child. 3. Thereafter, it is stated that a divorce petition is also filed by the petitioner-husband against the respondent-wife. This being a factual situation on the criminal miscellaneous petition filed for maintenance, the Family Court passed an order of interim maintenance as stated herein above awarding Rs.15,000/- to respondent No.1 and Rs.10,000/- to respondent No.2 and Rs.75,000/- towards educational expenses of respondent No.2. The assets and liabilities of both parties are filed by them respectively, whereby both of them have stated that, they are not earning sufficient income. In fact, in the assets and liabilities filed by the petitioner-husband, he has - 5 - NC: 2025:KHC:8413 WP No. 7173 of 2024 stated that his income is Rs.15,500/- per month and his educational qualifications is B.E (E and C). In his assets and liabilities in the column of the income of the spouse is stated the salary to be Rs.2,00,000/- of respondent No.1. 4. On the contrary, in the assets and liabilities filed by respondent No.1, though she has stated her income to be Rs.1,93,000/- but she stated that she has resigned from the job and it was prior to filing of the petition and subsequently, she is not having any job and not having any source of income. In the column of income of the spouse-respondent No.1 it is stated that, the petitioner husband is earning Rs.2,00,000/- per month and working as a Lead Consultant - Technology Virtusa Polaris Consulting Services Private Limited. It is also stated that, the educational expenses for the minor child is Rs.75,000/- per annum and towards food, clothing and medical expenses Rs.25,000/- per month. 5. Heard learned counsel for the petitioner and learned counsel for the respondents. - 6 - NC: 2025:KHC:8413 WP No. 7173 of 2024 6. On careful perusal of the materials placed on record before this Court, which was also placed on record before the Family Court, it is apparently clear that there is no dispute that both the petitioner and respondent No.1 were gainfully employed and they are qualified. Educational qualification of the petitioner is B.E (Bachelor of Engineering) and that of the respondent No.1 is also the same i.e., B.E. 7. On perusal of the records produced by them, their own assets and liabilities, the documents of the bank statements, it is apparently clear and no dispute that they were working and earning Rs.1,00,000/- by the petitioner and Rs.1,93,000/- and thereafter, Rs.1,57,000/- by the respondent No.1. However, both the petitioner and respondents now contend that, they have no source of income. The petitioner contends that, he is only earning Rs.15,500/- per month and he has produced a document to show that he is earning only Rs.15,500/- per month, so also the same is stated by him in his assets and liabilities. - 7 - NC: 2025:KHC:8413 WP No. 7173 of 2024 Whereas respondent No.1 has stated that she is presently not having any income and due to not having secured any job. 8. Respondent-wife contends that the educational expenses of the minor child amounts to Rs.75,000/- per annum. He would be going to first standard and his food, clothing and medical expenses would come to Rs.25,000/- per month. Apparently it is seen that, the respondent has not produced any material to show the actual educational expenses of respondent No.2-the minor child, for awarding maintenance of educational expenses to the minor child. 9. Learned counsel contends that he would place the actual bills and receipts, if required before the Court. He ought to have placed such materials, when he has made a statement categorically that educational expenses amounts to Rs.75,000/- per month and so also food, clothing and miscellaneous expenses which is not placed on record. - 8 - NC: 2025:KHC:8413 WP No. 7173 of 2024 10. The Family Court has not taken these aspects into consideration and passed an order granting maintenance of Rs.15,000/- to respondent No.1 and Rs.10,000/- to respondent No.2 and educational expenses of Rs.75,000/- to be paid by the petitioner as annual expenses. 11. It is seen by the documents produced by both parties that the assets and liabilities remained a mere formality in consonance to the judgment rendered by the Hon'ble Apex Court in the case of Rajnesh V/s Neha reported in (2021) 2 SCC 324 disposed of on 04.11.2020. This Court is of the opinion that the parties are not serious and honest in furnishing the proper assets and liabilities. The parties find ways and methods to deviate and defraud and avoid showing their correct assets or liabilities and income and inflate expenses of the child for children as well, only with an intention to secure excess maintenance amount from the other spouse. - 9 - NC: 2025:KHC:8413 WP No. 7173 of 2024 12. The present order is an interim maintenance passed under Section 125 (1) of Cr.P.C. On the basis of the records produced by both the parties, this Court is of the opinion that, the matter requires a detailed enquiry and trial and if required appropriate enquiry on both the parties for either misleading or making false submissions and filing false documents and affidavits on record showing scant respect to the Court. Be that as it may the child will have to be maintained by both the parents equally notwithstanding no clear educational expenses mentioned or produced by the respondent. 13. This Court is of the opinion that, the respondent-wife is at liberty to place the actual educational expenses before the Family Court and whatever educational expenses is produced from the concerned school, play school or any other co-curricular activities, it would be the duty of both the parents to pay equal expenses towards the minor child. Therefore, 50% would have to be borne by the petitioner and 50% by the - 10 - NC: 2025:KHC:8413 WP No. 7173 of 2024 respondent No.1 towards the minor child's educational expenses. Towards food, clothing, medical expenses and other miscellaneous expenses, this Court is of the opinion that, the petitioner shall pay Rs.10,000/- to the minor child-respondent No.2 till further orders are passed by the Family Court on the parties adducing evidence or placing any such material before the Court. 14. This Court is not inclined to grant any maintenance to respondent No.1, who is very well qualified and was gainfully employed even after filing of this petition for maintenance. Admittedly, respondent No.1 was earning prior to filing of the petition and even after filing of the petition as reflected in the assets and liabilities and the bank statements produced. Be that as it may it is for both the parties to agitate the matter before the Family Court by adducing evidence to show that, if the respondent-wife is not employed and does not have any source of income to place such material and the petitioner to cross-examine the respondent No.1 and establish the - 11 - NC: 2025:KHC:8413 WP No. 7173 of 2024 same, so also the respondent No.1 is at liberty to show that the petitioner is gainfully employed earning sufficient source of income to maintain her, if she is unemployed and unable to earn any source of income. 15. Under the circumstances, I pass the following: ORDER i. This petition is disposed of. ii. The order dated 26.12.2023 passed by the First Additional Principal Judge, Family Court at Bengaluru in Crl.Misc.No.755/2022 is hereby set aside and modified as under: iii. The petitioner shall pay interim maintenance at the rate of Rs.10,000/- per month to respondent No.2-minor child, petitioner shall pay 50% of the actual educational expenses to the respondent No.2 on documents being produced before the Family Court and if the same is disputed, the parties would - 12 - NC: 2025:KHC:8413 WP No. 7173 of 2024 have to adduce evidence for further orders to be passed by the learned Family Judge. iv. Matter is remitted back to the learned Family Court for fresh consideration on interim maintenance. v. The other portion of the order with regard to litigation expense is retained. vi. The petitioner shall pay entire arrears of maintenance at the rate of Rs.10,000/- to respondent No.2. The arrears shall be paid within a period of three months from today. vii. 50% of the educational expenses shall be paid by the petitioner and remaining 50% by respondent No.1 towards educational expenses of the minor child in actual on production of the bills and receipts by respondent No.1. viii. It is made clear that, this Court has not expressed any opinion on the merits of the matter. - 13 - NC: 2025:KHC:8413 WP No. 7173 of 2024 ix. All contentions of the parties are kept open. Sd/- (PRADEEP SINGH YERUR) JUDGE KBM List No.: 1 Sl No.: 32