- 1 - HC-KAR NC: 2025:KHC:32317 WP No. 10127 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 10127 OF 2023 (GM-FC) BETWEEN: SRI. M. J. NARAYANABABU AGED ABOUT 56 YEARS, S/O LATE M.V. JAYARAMASETTY R/AT SRI NANJUNDESHWARA TRADERS, KAREKALLU HATTI, SANTHEPET, NH-234, SIRA TOWN, TUMKUR DISTRICT – 572 137 …PETITIONER (BY SRI.HARSHITH V., ADVOCATE AND SRI K.J.KAMATH, ADVOCATE) AND: SMT. RAJITHA NARAYANA W/O M.J. NARAYANABABU, AGED ABOUT 51 YEARS, R/AT SRI NANJUNDESHWARA NILAYA, VIDHYA NAGAR, BHAGAVAN LAYOUT, SIRA TOWN, TUMKUR – 572 137 …RESPONDENT (BY SRI. SHUBHA S., ADVOCATE) THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO GRANT A WRIT OF CERTIORARI OR MANDAMUS BY MODIFYING THE IMPUGNED ORDER AT ANNEXURE-A DATED:08/12/2022 PASSED BY THE LEARNED SENIOR CIVIL JUDGE AND JMFC, SIRA ON IA NO.2 FILED UNDER SEC 24 OF THE HINDU MARRIAGE ACT, IN MC NO. 33/2019, IN AS FAR AS GRANT OF RS.8000 PER MONTH TO THE NAME OF ELDER SON N.SURYA IS CONCERNED. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:32317 WP No. 10127 of 2023 CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER Aggrieved by the order passed in I.A.No.2 in MC.No.33/2019 dated 08.12.2022 by the Senior Civil Judge and JMFC, Sira whereby the trial Court has granted an amount of Rs.8,000/- as maintenance to the wife and an amount of Rs.8,000/- to the major son. The husband is before this Court. 2. Learned counsel appearing for the petitioner/husband submits that in the maintenance proceeding, the major son is not entitled for maintenance. It is submitted that the even otherwise, the wife is qualified and she is earning and she is also residing in the house belonging to the petitioner and he is also taking care of other requirements. In those circumstances, paying an amount Rs.8,000/- to the wife is on the higher side. 3. Learned counsel appearing for the respondent/wife submits that the trial Court had rightly granted the maintenance and there are no reasons to interfere. - 3 - HC-KAR NC: 2025:KHC:32317 WP No. 10127 of 2023 4. Having heard the counsels on either side, perused the material on record. The trial Court had granted an amount of Rs.8,000/- to the wife and an amount of Rs.8,000/- to the child. The RTC extracts were produced before the trial court, where the husband is owning 40 acres of land and basing on that the trial Court had granted the maintenance of an amount of Rs.8,000/- each. As far as the granting of maintenance to the son is concerned, he is a major son. Either, under 125 of Cr.P.C or under Section 24 of the Hindu Marriage Act, he is not entitled for maintenance. The trial Court ought not to have granted maintenance. As far as the maintenance of an amount of Rs.8,000/- to the wife is concerned, this Court do not find any reason to interfere. Accordingly, the order of the Family Court is modified and this Court is passing the following: ORDER i. The order passed in I.A.No.2 in MC.No.33/2019 dated 08.12.2022 by the Senior Civil Judge and JMFC, Sira is modified. - 4 - HC-KAR NC: 2025:KHC:32317 WP No. 10127 of 2023 ii. As far as the order granting maintenance to the son is concerned, the order is set aside. iii. As far as the order granting maintenance to the wife is upheld. iv. The wife is entitled for maintenance from the date of application. v. Accordingly, the writ petition is disposed of. vi. All I.As. pending in this writ petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE RJ List No.: 1 Sl No.: 41