- 1 - HC-KAR NC: 2025:KHC:37061 WP No. 20088 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 20088 OF 2022 (GM-FC) BETWEEN: SRI. VIJAY S P SON OF LATE SATHYA PRAKSH AGED ABOUT 42 YEARS, R/AT NO.12, C BLOCK, FSL POLICE QUARTERS, HOSUR MIAN ROAD, BEHIND MADIWALA POLICE STATION, BANGALORE - 560 068. …PETITIONER (BY SRI. SUMITHRA N. ,ADVOCATE) AND: 1. SMT. SHILPASHREE W/O SRI VIJAY S P, D/O T KRISHNAMURTHY, AGED ABOUT 31 YEARS, 2. MASTER AJAY V S/O VIJAY S P, AGED ABOUT 15 YEARS, 3. MASTER ABHAY V S/O VIJAY S P, AGED ABOUT 10 YEARS, R2 AND R3 REPRESENTED BY THEIR MOTHER SMT. SHILPASHREE, Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:37061 WP No. 20088 of 2022 ALL ARE PRESENTLY RESIDING AT NO.13, 3RD CROSS, JYOTHI LAYOUT KANAKAPURA MAN ROAD, YALACHENAHALLI, BANGALORE - 560 078. …RESPONDENTS (BY SRI. K. CHETHAN KUMAR, ADVOCATE FOR R1; R2 AND R3 ARE MINORS REPRESENTED BY R1) ------- THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDERS PASSED ORDER DTD 16.07.2022, PASSED ON I.A.NO.2, FILED U/S 125(2) OF CR.P.C., BY LEARNED VI ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, BENGALURU, IN CRL.MISC.NO.483/2021 VIDE ANNEXURE-A, IN ALLOWING THE ABOVE PETITION OR TO MODIFY THE ORDERS PASSED BY THE TRIAL COURT IN REDUCING THE MONTHLY MAINTENANCE TO BE PAID TO THE RESPONDENTS 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 - 3 - HC-KAR NC: 2025:KHC:37061 WP No. 20088 of 2022 ORAL ORDER Aggrieved by the order dated 16.07.2022 passed on I.A.II in Criminal Miscellaneous 483/2021, filed by the wife and children of the petitioner herein, whereby the Court has granted monthly maintenance of Rs.10,000/- and litigation expenses of Rs.10,000/-, the husband is before this Court. 2. Learned counsel for the petitioner-husband submits that petitioner is getting monthly salary of Rs.47,000/-. He has voluntarily agreed to pay around Rs.1,00,000/-, towards education expenses. He has to take care of his age old mother, support his brother and has to take care of himself as well. It is further submitted that they lived together for 12 years and, it is the wife who has deserted the petitioner and that the petitioner is finding it difficult to pay the maintenance amount as ordered by the Family Court. In spite of bringing all these facts to the notice of the Family Court, it has not been considered and the petitioner is now constrained to comply with the interim order passed by the Family Court. 2.1. The learned counsel for the petitioner further submits that, taking into consideration, educational expenses of around Rs.1,00,000/- is being borne by the husband, this Court has - 4 - HC-KAR NC: 2025:KHC:37061 WP No. 20088 of 2022 stayed the impugned order and had ordered payment of interim monthly maintenance of Rs.6,000/- to the wife and children and to continue to pay educational expenses to the children. 3. Learned counsel for the respondents however, submits that, marriage has lasted for about 12 years and from the wedlock, they have got two children. The wife has studied upto 10th standard and she is unable to procure a job and moreover, it is even difficult to get a job for her qualification. Monthly maintenance of Rs.10,000/- itself is a meager amount to take care of the wife and two children. 3.1. Learned counsel for the respondents further, submits that the learned counsel for the petitioner is making wrong submission before this Court, the mother of the petitioner is having properties and not depending on the petitioner. The further submission of the petitioner that he has to take care of the needs of his brother is also not correct as the brother is not depending on the petitioner for his livelihood. Therefore, interim monthly maintenance of Rs.10,000/- ordered by the Family Court is just and proper and needs no interference at the hands of this Court. - 5 - HC-KAR NC: 2025:KHC:37061 WP No. 20088 of 2022 4. Heard the learned counsel on both sides and perused the material on record. 5. The undisputed facts are that the husband is earning Rs.47,000/- per month and the wife and children are residing separately. The wife had studied upto 10th standard and from the beginning, she is a house wife and is unable to fetch a job now and it is difficult also. She has no other source of living. Taking into consideration the present cost of living, interim monthly maintenance of Rs.10,000/- awarded by the Family Court itself is very meager. Though it is contended that the petitioner/husband is taking care of the educational expenses of the children, considering that, the petitioner is getting salary of monthly salary Rs.47,000/- and the fact that the wife and children have to maintain themselves in this meager amount itself, granting interim monthly maintenance of Rs.10,000/- by the Family Court is just and proper and this Court do not find any reasons to interfere with the well considered order. Hence, the impugned order is liable to be dismissed. - 6 - HC-KAR NC: 2025:KHC:37061 WP No. 20088 of 2022 Accordingly, this Court is passing the following : ORDER i) Writ petition is dismissed; ii) All pending I.As stand closed. SD/- (LALITHA KANNEGANTI) JUDGE rs List No.: 1 Sl No.: 19 CT: BHK