- 1 - HC-KAR NC: 2025:KHC:27608 WP No. 20866 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JULY, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO.20866 OF 2022 (GM-FC) BETWEEN: 1. SRI T RAMAKRISHNA S/O LATE SRI. THIMMAIAH @ DODDANNA AGED ABOUT 44 YEARS R/O. K. BYADARAHALLI, KUNIGAL TALUK, TUMKUR DISTRICT TUMKUR - 572 123. …PETITIONER (BY SRI. MANJUNATH G K., ADVOCATE) AND: 1. SMT. SUKANYA H C W/O. SRI. T. RAMAKRISHNA D/O SRI. CHOWDAIAH AGED ABOUT 34 YEARS, 2. MASTER. HEMANTH S/O SRI. T. RAMAKRISHNA AGED ABOUT 11 YEARS SINCE MINOR REPRESENTED BY HIS MOTHER AND NATURAL GUARDIAN SMT. SUKANYA H C., BOTH ARE RESIDING AT: C/O K. CHOWDAIAH C/O CHANDRASHEKARA BASEKAR NAGAR III MAIN ROAD, 1ST CROSS Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:27608 WP No. 20866 of 2022 AVALAHALLI, ANJANAPURA POST BANGALORE - 560 062. …RESPONDENTS (BY SRI. RAVINDRANATH K., ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH ANNEXURE-A ORDER DATED 01.08.2022 PASSED ON I.A.NO.2 FILED UNDER SECTION 125(2) OF CODE OF CRIMINAL PROCEDURE PASSED IN C.MISC.NO.350/2018 PENDING ON THE FILE OF I ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, BANGALORE, ETC. THIS PETITION, COMING ON FOR DISMISSAL, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER 1. Aggrieved by the order dated 01.08.2022 passed by I Additional Principal Judge, Family Court, Bengaluru on I.A.No.2 in Crl.Misc.No.350/2018, the husband is before this Court. 2. The parties are referred to as wife and husband for the sake of convenience. 3. The respondent herein has filed the application under Section 125(2) read with Section 125(4) of Cr.P.C. seeking interim maintenance of an amount of Rs.20,000/- per month along with litigation expenses from the petitioner. It is the case of the wife that she is working as a helper and drawing salary of Rs.3,000/- and she has to take care of her son, who is aged - 3 - HC-KAR NC: 2025:KHC:27608 WP No. 20866 of 2022 about 11 years and the husband is working as a government employee and receiving handsome salary. 4. It is the case of the husband that the wife is working and she is not entitled for maintenance. The family court by the impugned order had awarded interim maintenance of Rs.10,000/- per month to the wife and Rs.5,000/- per month to the son and also litigation expenses of Rs.10,000/-. While passing the said order, the court has observed that no other material is placed before the court except stating that she is earning and as the relationship between the parties is admitted and the husband is a government employee, has awarded interim maintenance and litigation expenses. Learned counsel appearing for the petitioner/husband submits that the court ought not to have awarded interim maintenance as the wife is earning. It is submitted that she is earning more than Rs.3,000/- and the court without considering the same had awarded interim maintenance. 5. Learned counsel appearing for the wife submits that the wife is earning meager amount and she cannot take care of - 4 - HC-KAR NC: 2025:KHC:27608 WP No. 20866 of 2022 herself and the son and hence, the court rightly awarded interim maintenance. 6. Having heard the learned counsel on either side, perused the material on record. 7. The relationship between the parties is not disputed and also the fact that the husband is working as a government employee is not disputed. According to the husband, the wife is working and receiving income every month. According to the wife, the husband is working and earning an amount of Rs.30,000/- per month. When there is no evidence on record, the Court had rightly considered the financial capacity of the husband and awarded interim maintenance and litigation expenses. In that view of the matter, this court finds no reasons to interfere with the impugned order. 8. At this stage, learned counsel for the respondent submits that as per the order passed by the family court, the amounts are not paid. If the arrears of maintenance is not paid by the husband, the wife is always at liberty to file an appropriate application before the court below to stay the proceedings till the amount is paid by the respondent. - 5 - HC-KAR NC: 2025:KHC:27608 WP No. 20866 of 2022 Accordingly, the writ petition is dismissed. All pending I.As. in this petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE hkh. List No.: 1 Sl No.: 24