- 1 - HC-KAR NC: 2025:KHC:30376 CRL.P No. 11261 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM CRIMINAL PETITION NO. 11261 OF 2025 BETWEEN: SRI SUMESH M.V S/O LATE KUNNI RAMAN AGED ABOUT 39 YEARS R. AT BEHIND MUTHAPPA TEMPLE MADIKERI, KODAGU DISTRICT - 571 201. &PETITIONER (BY SRI G.B. NANDISH GOWDA, ADV.) AND: SMT. PAVITHRA K.P W/O SUMESH M.V AGED ABOUT 34 YEARS R.AT NAGROOR VILLAGE SOMWARPET TALUK KODAGU DISTRICT - 571 236. &RESPONDENT THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNNS) PRAYING TO SET ASIDE THE ORDER DATED 18.01.2025 PASSED BY THE COURT OF THE 1ST ADDL.DISTRICT AND SESSIONS JUDGE AND J.M.F.C, KODAGU AT MADIKERI IN CRL.RP.NO.119/2024 BY CONFIRMING THE ORDER DATED 21.06.2024 PASSED BY THE COURT OF THE PRL.CIVIL JUDGE AND J.M.F.C SOMWARPET IN CRL.MISC.NO.100/2022. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:30376 CRL.P No. 11261 of 2025 ORAL ORDER This petition is filed by the petitioner/husband against the interim maintenance awarded by the learned Magistrate at the rate of ¹4,000/- per month to the respondent/wife. The said order was challenged by the petitioner/husband by filing a revision before the revisional Court. Revisional Court has dismissed the revision on the ground that the order under challenge is an interlocutory order and therefore the revision is not maintainable. 2. On a careful consideration of the material on record, it is evident that the respondent/wife has initiated proceedings under Section 125 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short "BNSS, 2023") seeking maintenance, along with an application for interim maintenance at the rate of Rs.10,000/- per month. While she asserts that the petitioner/husband is employed as a Manager with Professional Couriers, Madikeri, no documentary evidence has been produced to substantiate his exact income. Conversely, the petitioner/husband has claimed that the respondent/wife is - 3 - HC-KAR NC: 2025:KHC:30376 CRL.P No. 11261 of 2025 employed as a school teacher and is gainfully earning, but even this assertion remains unsupported by cogent proof. 3. In such circumstances, the learned Magistrate, adopting a balancing approach, awarded interim maintenance of Rs.4,000/- per month to the respondent/wife. However, this Court cannot lose sight of the fact that the very object of interim maintenance under Section 125 of BNSS, 2023 is to ensure that a dependent spouse is not reduced to destitution and can maintain herself in a manner befitting her status during the pendency of proceedings. 4. The realities of present-day cost of living are a matter of judicial notice. Escalating expenses on food, accommodation, clothing, healthcare, and transportation render Rs.4,000/- per month wholly inadequate to sustain even a modest standard of living. The amount so awarded is barely sufficient to meet subsistence-level expenses and falls short of fulfilling the legislative intent underlying Section 125 of BNSS, 2023. - 4 - HC-KAR NC: 2025:KHC:30376 CRL.P No. 11261 of 2025 5. In matrimonial jurisprudence, it is well settled that where precise proof of income is unavailable, the Court must take a pragmatic view, bearing in mind the social status of the parties, the needs of the claimant, and the standard of living enjoyed during the subsistence of marriage. In the present case, even in the absence of documentary proof of income, the quantum of Rs.4,000/- per month is manifestly on the lower side. 6. Therefore, while there appears to be no warrant for interference so as to reduce the interim maintenance, this Court finds that the amount awarded is modest and does not warrant interference . 7. The petition is devoid of rights and accordingly, stands dismissed. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE ALB List No.: 1 Sl No.: 66