- 1 - HC-KAR NC: 2025:KHC:42590 WP No. 29285 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 29285 OF 2025 (GM-FC) BETWEEN: SRI. RAGHAVENDRA KUMAR S/O H.V. RAJANNA AGE ABOUT 44 YEARS R/A VEERABHADRA KRUPA OPP KENNEDY GUEST HOUSE S.I.T TUMKURU - 572 103. …PETITIONER (BY SRI. MANJUNATH K.V, ADVOCATE) AND: SMT. SOWMYA W/O RAGHAVENDRA KUMAR R AGAE ABOUT 38 YEARS R/A ASHAKIRAN, 2ND CROSS ROAD BHAKTHANAPALYA ROAD, NELAMLANGALA, BENGALURU - 562 123 …RESPONDENT (BY SRI. H. MUJTABA, ADVOCATE) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI, QUASHING THE ORDER DATED 16/07/2025 PASSED IN M.C NO.06/2018 ON THE FILE LINE ADDI SENIOR Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:42590 WP No. 29285 of 2025 CIVIL JUDGE AND JMFC AT NELAMANGALA IN 1.A NO. 4 VIDE ANNEXURE -F 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 ORAL ORDER The present writ petition is filed aggrieved by the order passed in I.A No.4 in M.C No.6/2018 dated 16.07.2025 by II Additional Senior Civil Judge and JMFC, Nelamangala whereby the husband is directed to pay an amount of Rs.20,000/- per month to the children including the school fees from the date of the application, until disposal of the petition. 2. The parties are referred to as husband and wife, for sake of convenience. 3. Learned counsel appearing for the petitioner/husband submits that the husband's salary is Rs.34,000/- and wife's salary is Rs.73,250/- inspite of the - 3 - HC-KAR NC: 2025:KHC:42590 WP No. 29285 of 2025 same, the Family Court had directed the husband to pay an amount of Rs.20,000/- as maintenance which is on the higher side. It is submitted that when the wife is earning more than the husband, the Family Court ought not to have passed such an order. It is submitted that till 2020, the husband was taking care of the entire expenses of the children, in that time the school fees was Rs.50,000/-. It is further submitted that without considering the financial status of the husband, the Family Court has granted the maintenance. 4. Learned counsel appearing for the respondent/wife submits that the partition that took place in the year 2011, the husband got 12 sites and in that he has sold 6 sites on a nominal sale deed to his mother which clearly shows the intention of the petitioner/husband and considering those facts the Family Court had rightly granted the maintenance and there are no grounds to interfere. 5. Having heard the learned counsels on either side, perused the material on record. There is no dispute about - 4 - HC-KAR NC: 2025:KHC:42590 WP No. 29285 of 2025 the fact that the Husband's salary is an amount of Rs.34,000/- and wife's salary is Rs.73,250/-. Then coming to the partition and the sites that fell to a share according to them nominal sale deed is executed in favour of the petitioner's mother and there is no evidence on record to show that from those sites the petitioner is getting any income. In these facts and circumstances, while granting maintenance, this Court cannot go into that aspect if the respondent/children are entitled for a share, they can go before the appropriate forum seeking relief. Then coming to the maintenance, considering the salary of the wife and the husband this Court deems it appropriate to pass the following: ORDER i. Accordingly, the order passed in I.A No.4 in M.C. No.6/2018 dated 16.07.2025 passed by II Additional Senior Civil Judge and JMFC, Nelamangala is modified. - 5 - HC-KAR NC: 2025:KHC:42590 WP No. 29285 of 2025 ii. Father shall pay an amount of Rs.5,000/- (Rupees Five Thousand only) each to both the children towards maintenance and shall pay the educational expenses of an amount of Rs.51,000/- per annum towards education of both the children. iii. Accordingly, the Writ Petition is disposed of. iv. Pending I.A's if any shall stand closed. Sd/- (LALITHA KANNEGANTI) JUDGE VS List No.: 1 Sl No.: 7