Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:39367 WP No. 8083 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 8083 OF 2025 (GM-FC) BETWEEN:
SRI.DEVARAJU L S/O SRI. LOKESHA. S, AGED ABOUT 39 YEARS, R/AT NO. G-1077, 6TH MAIN, 4TH CROSS, HAL CENTRAL TOWNSHIP, MARATHAHALLI POST, BENGALURU- 560 037. …PETITIONER (BY SRI. KUMARA G FOR SRI. SHREEDHARA B E., ADVOCATE)
AND:
SMT.POOJA C @ RADHIKA D/O. CHIKKARANGAIAH, W/O. SRI. DEVARAJU. L, AGED ABOUT 35 YEARS, R/AT NO. 37/28, 1ST 'A' CROSS, 5TH BLOCK, 3RD STAGE, BANASHANKARI, KRISHNAIAH LAYOUT, BENGALURU- 560085 …RESPONDENT (BY SMT. SOWBHAGYA D., ADVOCATE)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-QUASH ORDER DTD 07.02.2025 PASSED BY THE III ADDL. PRL. JUDGE, FAMILY COURT, BENGALURU IN M.C NO. 33/2023 AT ANNEXURE-H AND INCLUDING COSTS.
Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:39367 WP No. 8083 of 2025
THIS PETITION, COMING ON FOR DISMISSAL, 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.IV in MC.No.33/2023 dated 07.02.2024 by the III Additional Principal Judge, Family Court, Bengaluru, whereby the Family Court had granted maintenance of an amount of Rs.25,000/- per month to the child, the husband is before this Court.
2. The parties are referred to as husband and wife for the sake of convenience.
3.
Learned counsel appearing for the petitioner/husband submits that both the husband and wife are earning. The husband is ready to bear half of the educational and medical expenses of the child and he is
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HC-KAR NC: 2025:KHC:39367 WP No. 8083 of 2025
ready to pay an amount of Rs.15,000/- per month towards maintenance for the child.
4. Learned counsel appearing for the respondent/wife submits that the child is having special needs and she has to undergo therapy sessions and also require a special teacher and she has been paying lot of amounts towards educational and medical expenses of the child. Considering all these aspects the Family Court had rightly granted an amount of Rs.25,000/- towards maintenance and there are no grounds to interfere.
5. Having heard the learned counsels on either side, perused the materials on record. It is an admitted fact that both the parents are working. According to the husband, he is earning less than the wife. According to the wife, he is earning more than her. But the fact is both of them are working. When both of them are working, the expenses with regard to the child have to be shared between them equally. From the date of application till date whatever are the expenses that are borne by the
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HC-KAR NC: 2025:KHC:39367 WP No. 8083 of 2025
mother, she shall file the same before the Family Court by way of a memo and half of that amount the husband has to pay. When he is bearing half of the medical and educational expenses, as fairly submitted by the learned counsel for the petitioner/husband, an amount of Rs.15,000/- would be sufficient for the other needs of the child. In that view of the matter, this Court is passing the following:
ORDER i. The petitioner/husband father shall pay an amount of Rs.15,000/- as maintenance to the child and shall bear 50% of the medical and education expenses of the child. ii. From the date of application till date whatever are the expenses that are borne by the mother towards medical and educational expenses, by way of a memo shall be placed before the Family Court, husband shall file his objections if any and the Family Court shall pass appropriate
order. Basing on that the husband shall pay the amount within a period of 2 months
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HC-KAR NC: 2025:KHC:39367 WP No. 8083 of 2025
from the date of the said order and continue to pay the expenses. iii. The mother shall in advance inform the father the demand that is made from the school or any other document to be sent to the father and basing on that the father shall pay/reimburse to the mother. iv. If the mother wants to change the school, as the father is also bearing 50% of the expenses, the same should be informed to the father. On consensus, they should change, or else she shall move the Court. v. The
order passed in I.A.No.IV in MC.No.33/2023 dated 07.02.2024 by the III Additional Principal Judge, Family Court, Bengaluru, is modified. vi. Pending IAs, if any, shall also stand closed.
SD/-
(LALITHA KANNEGANTI) JUDGE
RJ/List No.: 1 Sl No.: 2