- 1 - HC-KAR NC: 2025:KHC:30370 WP No. 24525 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 24525 OF 2022 (GM-FC) BETWEEN: SRI A.KISHORE KUMAR S/O LATE M.APPU RAO AGED ABOUT 47 YEARS RESIDING AT NO.16/1 SANJEEVA NAIK LANE AVENUE ROAD CROSS CUBBONPET BENGALURU-560 002 …PETITIONER (BY SRI.DINESH M., ADVOCATE FOR SMT.PRATHIBHA K.M., ADVOCATE) AND: SMT.MANJULA BAI W/O A.KISHORE KUMAR AGED ABOUT 36 YEARS RESIDING AT NO.266 BAPUJINAGAR MARUTINAGAR (EXTENSION) MYSORE ROAD BENGALURU-560 026 …RESPONDENT (BY SRI. DHANARAJ H.S., ADVOCATE) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ORDER ON IA NO.3 DATED 20.04.2022 PASSED BY THE LEARNED IV ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT,BENGALURU IN M.C.NO.5017/2019 PRODUCED AT ANNEXURE-A. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:30370 WP No. 24525 of 2022 ORAL ORDER Aggrieved by the order passed in I.A.No.3 in M.C.No.5017/2019 dated 20.04.2022 by the IV Additional Principal Judge, Family Court, Bengaluru, whereby the Family Court had directed the husband to bear the educational expenses of the minor child to a tune of Rs.20,000/- per month and also pay interim maintenance of an amount of Rs.10,000/- per month to the wife from the date of order till disposal of the petition, the petitioner/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 the husband had filed his objections and the statement of assets and liabilities to show the financial capacity of the husband. Without considering all these, the Family Court had granted the maintenance. Learned counsel has drawn the attention of this Court to the proceedings of the Family Court dated 08.07.2021, where the Family Court had observed that the advocate for the petitioner is present and filed objections to I.A.No.III along with I.A.No.IV under Section 151 of CPC and - 3 - HC-KAR NC: 2025:KHC:30370 WP No. 24525 of 2022 posted the matter on 11.08.2021 for objections to I.A.No.IV and to hear on I.A.No.III. By order dated 18.09.2021, the Family Court recorded that the husband is permitted to file objections to I.A.No.3 and on 11.02.2022, for objections to I.A.No.3 to be filed by the petitioner on cost of Rs.500/-. It is submitted that the objections and the statements of assets and liabilities are already on record and the Family Court without even considering any the documents and the fact that he is not having a fixed income had granted an amount of Rs.30,000/- per month i.e., an amount of Rs.20,000/- per month towards the educational expenses of the minor child and an amount of Rs.10,000/- per month towards the maintenance to the wife. It is submitted that the said amount was granted by the Family Court without any basis. 4. Learned counsel appearing for the respondent/wife submits that the husband has suppressed several facts. According to the wife, he is a karate trainer, a book vendor, a politician and he is working in a silver shop. It is submitted that doing all this, he is deriving lot of income and these aspects were suppressed by the husband. He has drawn the attention of this Court to the statement of assets and liabilities. - 4 - HC-KAR NC: 2025:KHC:30370 WP No. 24525 of 2022 According to the husband, he requires an amount of Rs.16,000/- towards his personal expenses. If one person requires an amount of Rs.16,000/- per month towards his personal expenses, two people will require an amount of Rs.30,000/- per month. Then with regard to the income, the husband has stated that he has no fixed income. When he says that he has no fixed income, it will strengthen the case of the wife that he is doing business. It is submitted that under these circumstances, the Family Court had rightly granted the maintenance and there are no grounds to interfere with the order passed by the Family Court. 5. Having heard the learned counsels on either side, perused the entire material on record. The M.C. is filed in the year 2019. Now, the matter is at the stage of evidence. As far as the interim application for maintenance is concerned, the Family Court has simply granted an amount of Rs.20,000/- per month towards educational expenses of the child and an amount of Rs.10,000/- per month towards maintenance of the wife. Altogether, an amount of Rs.30,000/- was granted by the Family Court. While considering the application for maintenance, it is the responsibility of the Court to look at the - 5 - HC-KAR NC: 2025:KHC:30370 WP No. 24525 of 2022 financial status of the husband. Without recording any reasons, just like that the Family Court had granted an amount of Rs.30,000/- per month as maintenance. This order is passed on 20.04.2022 and as per the judgment of the Hon'ble Apex Court in case of Rajnesh Vs. Neha1, the husband had already placed the statement of assets and liabilities on record. In that case, the Family Court ought to have looked at the financial capacity of the husband. 6. In the considered opinion of this Court, the order passed by the Family Court directing the husband to pay an amount of Rs.20,000/- towards educational expenses of the child and an amount of Rs.10,000/- per month to the wife is on the higher side and the same has to be reduced. That apart, the M.C. is filed in the year 2019 and the case is pending on the file of the IV Additional Principal Judge, Family Court, Bengaluru, this Court deems appropriate to direct the Family Court to dispose the M.C.No.5017/2019 by 15.12.2025. Hence, this Court is passing the following order: 1 (2021) 2 SCC 324 - 6 - HC-KAR NC: 2025:KHC:30370 WP No. 24525 of 2022 ORDER i. Pending consideration of M.C.No.5017/2019, the petitioner/husband shall pay an amount of Rs.10,000/- per month to the wife from the date of petition till the disposal of the case. ii. The IV Additional Principal Judge, Family Court, Bengaluru, is directed to dispose of M.C.No.5017/2019 by 15.12.2025. iii. Based on the evidence, the Court shall pass orders with regard to the entitlement of educational expenses and other things in the main petition. iv. Accordingly, the writ petition is disposed of. v. All I.As. in this petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE MEG List No.: 1 Sl No.: 40