- 1 - HC-KAR NC: 2025:KHC:38067 WP No. 27471 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 27471 OF 2024 (GM-FC) BETWEEN: SRI. S.SHIVAKUMAR SON OF LATE H.R.SADASHIVAIAH AGED ABOUT 46 YEARS, WORKING AS SECTION SUPERINTENDENT, OFFICE OF COMMISSIONER OF POLICE, NO.1INFANTRY ROAD, BENGALURU-560 001 AND ALSO AT RESIDING AT NO.11, 4TH FLOOR, 2ND CROSS, SUBERDARPALYA, YESHWANTHPUR, BANGALORE-560 022 …PETITIONER (BY SRI. NATARAJA B.S., ADVOCATE) AND: POORNIMA T.S., WIFE OF S.SHIVAKUMAR AGED ABOUT 45 YEARS, RESIDING AT SATWIK 4TH MAIN ROAD, 9TH CROSS, S I T TUMAKUR-572 102 …RESPONDENT (BY SRI. HEMALATA MAHISHI, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ORDER DATED: 21.12.2023 ON I.A.NO.3 AND 4 AS PER ANNEXURE- E FILED UNDER SECTION 24 AND 26 OF THE HINDU MARRIAGE ACT, PASSED BY THE LEARNED III ADDL. PRINCIPAL JUDGE A FAMILY Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:38067 WP No. 27471 of 2024 COURT AT BANGALORE IN M.C.NO. 6145/2021 AND ORDER TO DISMISS THE I.A.NO.3 AND 4 AS PER ANNEXURE-C1 AND C2. 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 ORAL ORDER Aggrieved by the orders passed by IA.No.III and IV in MC.No.6145/2021 dated 21.12.2023 by the III Addl. Prl. Judge, Family Court, Bengaluru, whereby the family Court had granted maintenance at Rs.10,000/- per month each as maintenance to all the three respondents and also directed the petitioner/father to pay the school fees for the academic year 2023-2024 to till the disposal of the case, the husband is before this court. 2. Both the parties are referred to as husband and wife for the sake of convenience. 3. It is the case of the wife that she is unemployed and she has no independent income of her own. Though she is a LLB graduate she is unable to practice law, as the entire burden of looking after the minor children is on her shoulders. She is assisting an NGO in Tumkur as volunteer and she is in need of Rs.15,000/- per month towards her expenses and the husband - 3 - HC-KAR NC: 2025:KHC:38067 WP No. 27471 of 2024 is working as a Section Superintendent in the office of Police Commissioner, Bangalore and he is getting monthly salary of Rs.80,000/- per month. He kept the police quarters in Bangalore vacant and he is residing with his mother in Tumkur. His parents are also having rental income from the house property and her mother is getting family pension and another son is also employed and earning. Except herself and the children, the husband is not having any other dependents. Husband filed his objections stating that the wife is a Law Graduate and she is capable of earning. The family court, after considering the respective contentions for both the parties and considering the husband's case that his salary is Rs.43,142/- and his gross salary is shown as Rs.86,949/-. Further, the order sheet in OS.No.263/2013 show that the husband has filed suit for partition and later it ended up in compromise, he has got a property in that litigation. 4. Learned counsel appearing for the respondent/wife submits that the husband is getting rental income from the said property apart from his salary. Whereas the wife has to take - 4 - HC-KAR NC: 2025:KHC:38067 WP No. 27471 of 2024 care of herself and she is residing in a rented house. It is also submitted that at present his gross salary is Rs.1,11,945/-. 5. Learned counsel appearing for the petitioner/husband submits that he has taken loan, though his gross salary is Rs.1,11,945/- per month, his take home salary is Rs.55,000/-. In that he has to take care of his mother and also other responsibilities and also take care of himself. The Family Court had granted an amount of Rs.30,000/- as maintenance apart from the educational expenses, which is on the higher side and the same needs to be reduced. 6. Having heard the learned counsel on either side, perused the entire material on record. Earlier the gross salary of the husband was Rs.86,959/- now it is Rs.1,11,945/-. According to the husband, he has taken the loan and as such his take home salary is Rs.55,000/-. Except the statutory deductions the other deductions this court is not concerned. Apart from that looking at the suit, the compromise memo that is filed and as it is stated that his staying in Tumkur clearly shows that there is a property belonging to him. Apart from that another fact that he has taken loan for constructing the - 5 - HC-KAR NC: 2025:KHC:38067 WP No. 27471 of 2024 house, which house he has constructed, whether he has let out for rent, nothing has been stated. When a three storeyed building has fell to the share of the petitioner in the compromise, the burden lies on him to prove that the property is not let out. For the wife and two children there is no source of income for their livelihood. In the considered opinion of the court, the order that is passed by the family court is a well considered one and this court finds no reasons to interfere. 7. Accordingly, this court is passing the following: ORDER i. The writ petition is dismissed. ii. All pending I.As., in the petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE TS List No.: 1 Sl No.: 31