- 1 - HC-KAR NC: 2025:KHC:26157 WP No. 20784 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JULY, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 20784 OF 2025 (GM-FC) BETWEEN: SRI. RAMACHANDRA K., S/O. KEMPAIAH, AGED ABOUT 33 YEARS, R/O. NAGAIAHNAPALYA, KALAGHATTA POST, THYAMAGONDLU HOBLI, NELAMANGALA TALUK, BENGALURU RURAL DISTRICT. AND ALSO WORKING AT ACCOUNTS DEPARTMENT, ACE DESIGNS LTD., PLOT NO.7 AND 8, 80 FEET ROAD, 2ND PHASE, PEENYA, BENGALURU - 58. …PETITIONER (BY SRI. SIDDARAMAIAH V. B., ADVOCATE) AND: 1. SMT. GEETHASHREE A., W/O. RAMACHANDRA K., D/O. AJAN KUMAR, AGED ABOUT 29 YEARS, 2. RUTVI. R. D/O. RAMACHANDRA K., AGED ABOUT 2 YEARS AND 4 MONTHS, SINCE MINOR, REP. BY NATURAL GUARDIAN MOTHER NAMELY SMT. GEETHASHREE. A Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:26157 WP No. 20784 of 2025 BOTH ARE R/AT. ANJANDRI NILAYA, 2ND CROSS, CHETHANA SCHOOL ROAD, SHIVAGANGA NAGARA - 572 102 BATAWADI, TUMAKURU. …RESPONDENTS THIS WP IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED 29.01.2025 PASSED ON IA NO.2 FILED BY THE RESPONDENT UNDER SECTION 144(2) OF BHARATIYA NAGARIK SURAKSHA SANHITA (BNNSS) 2023 PASSED BY THE PRL. JUDGE, FAMILY COURT AT TUMAKURU ORDERING INTERIM MAINTENANCE OF RS. 6000/- AND RS.2000/- TO R1 AND 2 RESPECTIVELY IN C. MIS NO. 249/2024 VIDE ANNEXURE-E. THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER The present petition is filed aggrieved by the orders passed on I.A.No.II in Crl.Misc.No.249/2024 dated 29.01.2025, whereby the Court had granted maintenance of an amount of Rs.6,000/- to the wife and Rs.2,000/- to the child. 2. It is the case of the wife that the husband is working at Accounts Department at ACE Designs Ltd., and deriving an income of Rs.80,000/- per month. It is the case of the husband that he is drawing salary of Rs.57,282/- and after deduction he is drawing net salary of an amount of Rs.49,411/- per month. It is the case of the husband that the wife is - 3 - HC-KAR NC: 2025:KHC:26157 WP No. 20784 of 2025 running a juice and chat centre and earning more than Rs.1,00,000/- per month. In support of the same, he has relied on the QR code. The Court has given a finding that the husband has not placed cogent material to show that the juice and chat centre as depicted in the photos and the QR code scanner belongs to the wife. On the basis of the documents relied upon by the petitioner i.e., the photos and the xerox copies of the QR code, it is difficult to hold that the wife is running juice and chats centre and earning from the same. The Court has come to the conclusion that at this stage, basing on the material on record, the husband is earning an amount of Rs.49,411/- i.e., take home salary. The husband is liable to pay the maintenance of an amount of Rs.6,000/- to the wife and Rs.2,000/- to the child. 3. Learned counsel appearing for the petitioner has submitted that the wife is a M.Tech graduate and she is working from home and earning. Apart from that, from the juice and chat centre, she is having income and according to the husband, she is earning Rs.1,00,000/- per month and the Court without considering the material that is placed by the husband had granted the maintenance. He submits that he has - 4 - HC-KAR NC: 2025:KHC:26157 WP No. 20784 of 2025 no objection to pay the maintenance to the daughter, but not to the wife, who is sufficiently earning. 4. Having heard the learned counsel for the petitioner, perused the material on record. The Court has granted Rs.6,000 and Rs.2,000/- i.e. Rs.8,000/- per month and the salary of the husband is Rs.49,411/- i.e., after all deductions, it is the take home salary. He is relying on certain documents to show that she is earning and it is the case of the wife that she is not earning. The Court has given a finding that at this stage the Court cannot consider all those documents. The Court cannot come to any conclusion to say that the wife is earning and granted the maintenance. This Court is of the view that the reasoning that is given by the trial Court that at this stage basing on what has been placed before the Court, the Court cannot say that the wife is earning and she is not entitled for the maintenance. In due course, if the sufficient material is placed before the Court, the Court would be in a position to consider the case of the petitioner as far as interim application is concerned. The Court has passed a reasoned order and this Court is not interfering with the same. All contentions are open to the petitioner. This Court do not find any reasons to - 5 - HC-KAR NC: 2025:KHC:26157 WP No. 20784 of 2025 interfere with the well considered order passed by the trial Court. Accordingly, this Court is passing the following: ORDER (i) The Writ Petition is dismissed. (ii) All contentions are open to the petitioner. (iii All IAs., in this petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE KA List No.: 1 Sl No.: 34