Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:26159 RPFC No. 128 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JULY, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI REV.PET FAMILY COURT NO. 128 OF 2023 (-)
BETWEEN:
SRI. NANDISHA S/O. CHANDRAPPA, AGED ABOUT 38 YEARS, PLANNING MANAGER IN MAHINDRA AIR SPACE PVT. LTD., R/AT MARUTHI NILAYA, DOOR NO.5, 1ST CROSS, RMS COLONY, BATTARAHALLI, BANGALORE-49. …PETITIONER (BY SRI. MANJUNATHA P., ADVOCATE) AND:
1. NITHYA W/O. M. C. NANDISHA, AND D/O. LATE HALESHAPPA, AGED ABOUT 33 YEARS, ADVOCATE, C/O. NALINA, NO.170, SRI VEERABHADRESHWARA KRUPA, 8TH CROSS, DEVARAJ URS EXTENSION, VINOBHA NAGAR, SHIMOGA.
2.
KUMARI BHUMIKA M. N., D/O. M. C. NANDISHA, AGED ABOUT 8 YEARS,
RESPONDET NO.2 IS REP. BY HER NATURAL GUARDIAN/MOTHER, NITHYA,
Digitally signed by MEGHA MOHAN Location:
HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:26159 RPFC No. 128 of 2023
W/O. M. C. NANDISHA, AND D/O. LATE HALESHAPPA, AGED ABOUT 33 YEARS, ADVOCATE, C/O. NALINA, NO.170, SRI. VEERABHADRESHWARA KRUPA, 8TH CROSS, DEVERAJ URS EXTENSION, VINOBHA NAGAR, SHIMOGA. …RESPONDENTS (BY SRI. SANDESH P. NADIGER, ADVOCATE)
RPFC IS FILED UNDER SECTION 19(4) OF FAMILY COURTS ACT, AGAINST THE
ORDER DATED 24.03.2023 PASSED IN CRI.MISC.NO.16/2020 ON THE FILE OF THE PRINCIPAL JUDGE, FAMILY COURT, SHIVAMOGGA.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM:
HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
ORAL ORDER Aggrieved by the orders passed in Crl.Misc.No.16/2020 dated 24.03.2023 by the Family Court, Shivamogga, whereby the Court had granted maintenance of an amount of Rs.15,000/- to the wife and Rs.5,000/- to the daughter, the husband is before this Court.
2. The parties are referred to as the wife and husband for sake of convenience.
3. The wife had filed the petition seeking maintenance of an amount of Rs.60,000/- p.m. i.e., Rs.30,000/- each to the
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HC-KAR NC: 2025:KHC:26159 RPFC No. 128 of 2023
daughter and herself. The Court had granted Rs.15,000/- and Rs.5,000/- and while granting the same, the Court had observed that the husband is working as Manager in Mahindra Aerospace Private Limited at Bengaluru and getting salary of Rs.73,924/- p.m. and the father of the husband is a retired A.S.I. and getting monthly pension and the Court has also observed that wife in her statement of assets and liability disclosed the education expenses of the daughter at Rs.15,000/- but she has not produced any piece of documents like school receipts etc., to know how much amount she requires towards educational expenses of the daughter. The Court considering the avocation of the husband and income of Rs.73,924/-, had granted maintenance of an amount of Rs.15,000/- and Rs.5,000/- to the wife and daughter.
4.
Learned counsel appearing for the husband submits that the Court without considering the expenses and assets and liabilities that were filed by the wife and husband had granted the maintenance. It is submitted that the amount of maintenance that is granted by the Family Court is on the higher side.
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HC-KAR NC: 2025:KHC:26159 RPFC No. 128 of 2023
5.
Learned counsel appearing for the wife submits that as on the day when the petition is filed, the income of the husband is Rs.73,924/- and as on the date of passing of the
judgment, the salary of the husband is Rs.1,05,000/-. It is submitted that the husband is in a position to pay the maintenance and it is the bounden duty of the husband to take care of the wife and the daughter. Without any basis, the present petition is filed.
6. Having heard the learned counsels on either side, perused the material on record. The amount that is sought is Rs.60,000/- i.e., Rs.30,000/- each and the Court had granted Rs.15,000/- to the wife and Rs.5,000/- to the daughter. The husband's income is Rs.73,924/- and even without considering that his salary is enhanced to Rs.1,05,000/-, there cannot be any difficulty for the husband to pay the said amount. In the considered opinion of this Court, the Family Court has rightly granted the maintenance and this Court finds no reasons to interfere with the same. Accordingly, this Court is passing the following:
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HC-KAR NC: 2025:KHC:26159 RPFC No. 128 of 2023
ORDER (i) The Writ Petition is dismissed. (ii) All IAs., in this petition shall stand closed.
SD/- (LALITHA KANNEGANTI) JUDGE
KA List No.: 1 Sl No.: 36