- 1 - HC-KAR NC: 2025:KHC:32316 WP No. 5504 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 5504 OF 2024 (GM-FC) BETWEEN: ABDUL MUJEEB S/O ABDUL BASHEER SAB AGED ABOUT 37 YEARS RESIDINT AT 1ST MAIN 2ND CROSS, PRASHANTHA NAGARA HARIHARA -577 601 DAVANAGERE DISTRICT &PETITIONER (BY MS.TEJASWINI, ADVOCATE FOR SRI. SIDDAPPA B.M., ADVOCATE) AND: 1. AAFREEN TAJ W/O ABDUL MUJEEB AGED ABOUT 31 YEARS 2. SHAIKH HUSSAIN S/O ABDUL MUJEEB AGED ABOUT 12 YEARS 3. SHAIKH WASIF HASAN S/O ABDUL MUJEEB AGED ABOUT 8 YEARS 4. SHAIKH GHULAM AHMED S/O ABUDL MUJEEB AGED ABOUT 4 YEARS RESPONDENT NO.2 TO 4 ARE SINCE MINORS REPRESENTED BY HER NATURAL MOTHER AND GUARDIAN RESPONDENT NO 1 ALL ARE RESIDING AT 3RD CROSS BHAGATH SING NAGARA Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:32316 WP No. 5504 of 2024 NEAR STAR KALYANA MANTAPA DAVANAGERE -577 002 &RESPONDENTS (V/O/DATED: 24/07/2025- NOTICE TO R1 R2 TO R4 ARE MINORS) THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER PASSED BY JUDGE, FAMILY COURT DAVANAGERE ON IA NO. 2 IN CRL. MISC. NO. 310/2022, DATED 21/10/2023 PRODUCED AS ANNEXURE-D TO THE WP. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 8B9 GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER Aggrieved by the order passed in I.A.No.II in Crl.Misc.No.310/2022 by the Family Court, Davanagere whereby the trial Court had granted interim maintenance of an amount of Rs.3,000/- to the wife and an amount of Rs.2,000/- each to the children/petitioner Nos.2 to 4. The husband is before this Court. 2. On 24.07.2025, an order is passed holding that the notice to respondent No.1 amounts to deemed service of notice, respondent Nos.2 to 4 are minors represented by the mother. - 3 - HC-KAR NC: 2025:KHC:32316 WP No. 5504 of 2024 3. Learned counsel appearing for the petitioner/husband submits that the trial Court had granted maintenance of an amount of Rs.9,000/-. Earlier, he was working in a company and during the COVID time he lost his job and now he is working as a daily labourer. He is earning an amount of Rs.10,000/- to Rs.12,000/- per month and the trial Court has granted an amount of Rs.9,000/-. It is very difficult for the husband to pay the amount. 4. No vakalath is filed on behalf of the respondents. 5. Having heard the learned counsel for the petitioner, there is no evidence adduced by both the parties with regard to the income. It is the case of the husband that he is working on a daily basis as a coolie and even considering that he is earning an amount of Rs.15,000/- per month and he has 3 children and a wife to take care. In the considered opinion of this Court, all three of them are entitled for at least an amount of Rs.2,000/- per month (Rs.4,000x2=Rs.8,000). Accordingly, this Court is passing the following: - 4 - HC-KAR NC: 2025:KHC:32316 WP No. 5504 of 2024 ORDER i. The order passed in I.A.No.II in Crl.Misc.No.310/2022 by the Family Court, Davanagere is modified. ii. The amount of maintenance is reduced from Rs.9,000/- of Rs.8,000/- i.e., Rs.2,000/- each to all respondents. iii. Accordingly, the writ petition is disposed of. iv. All I.As. pending in this writ petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE RJ List No.: 1 Sl No.: 43