- 1 - HC-KAR NC: 2025:KHC:37800 WP No. 8395 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 8395 OF 2025 (GM-FC) BETWEEN: SRI.OMKAR S/O LAXMAN AGED ABOUT 44 YEARS, RESIDING AT SAI BABA AREA, NEAR BHARAT PETROL BUNK, SEDAM TALUK, KALBURGI DISTRICT, PRESENTLY WORKING AS HEAD MASTER, GHPS, GOWDAHALLI VILLAGE, KODLA POST, SEDAM TALUK, KALBURGI DISTRICT -585 222 …PETITIONER (BY SRI. VINAYAK VAMANRAO KULKARNI GOVARDHAN, ADVOCATE) AND: 1. SMT HEMALATHA T.S., W/O OMKAR T., AGED ABOUT 42 YEARS, GOVERNMENT SCHOOL TEACHER, GMHPGS, R/AT GOVERNMENT BUS STAND, HOSANAGARA TALUK, SHIVAMOGGA DISTRICT-577 418 2. MISS. NISARGA D/O OMKAR TALAWAR, AGED ABOUT 12 YEARS, 3. MISS. NAMRATHA D/O OMKAR TALAWAR, AGED ABOUT 09 YEARS, RESPONDENT NO.2 & 3 ARE MINORS, Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:37800 WP No. 8395 of 2025 REPRESENTED BY THEIR MOTHER RESPONDENT NO. 1 /NATURAL GUARDIAN …RESPONDENTS (BY SRI. SAMUEL S DANDIN, ADVOCATE) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE ORDERS PASSED BY THE HONBLE PRINCIPAL JUDGE, FAMILY COURT, SHIVAMOGGA DATED: 08.01.2025 ON I.A.NO.I SEEKING INTERIM MAINTENANCE HEREIN AND LITIGATION EXPENSES, WHILE ENTERTAINING THE APPLICATION FILED BY THE RESPONDENT HEREIN UNDER SECTION 125(2) OF CODE OF CRIMINAL PROCEDURE DIRECTING THE PETITIONER TO PAY INTERIM MAINTENANCE OF RS. 20,000/- (RUPEES TWENTY THOUSAND ONLY) TO THE PETITIONER FROM THE DATE OF APPLICATION PENDING DISPOSAL OF THE PETITION. THIS PETITION, COMING ON FOR ORDERS, 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.1 in Crl.Misc. No.207/2024 dated 08.01.2025 by the Principal Judge, Family Court, Shivamogga, whereby the Family Court had granted maintenance of an amount of Rs.20,000/- per month to the wife and two daughters, the husband is before this Court. 2. The parties are referred to as husband and wife for the sake of convenience. 3. It is the case that the wife had filed I.A. seeking maintenance of an amount of Rs.30,000/- per month to both - 3 - HC-KAR NC: 2025:KHC:37800 WP No. 8395 of 2025 the children. It is the case of the wife that in the wedlock they are blessed with two children. They have purchased a property by taking a loan from Canara Bank and she is paying an amount of Rs.17,000/- per month towards EMI. She is getting monthly salary of an amount of Rs.62,261/- per month. It is her case that the husband is earning a handsome salary and she requires maintenance. According to the husband, he is earning an amount of Rs.65,000/- per month. The wife is earning more salary than the husband. It is the case that as the wife is also equally earning as such she does not require any amount towards the maintenance of the children. 4. The Family Court, by order impugned, had granted maintenance of an amount of Rs.20,000/- per month to the wife and the children. The Family Court had observed that the material on record prima facie reveals that the husband is drawing a monthly salary of an amount of Rs.65,000/- per month and it is just and proper to direct him to pay the maintenance of an amount of Rs.20,000/- per month. 5. Learned counsel appearing for the petitioner/husband submits that the husband is paying the EMI of an amount of - 4 - HC-KAR NC: 2025:KHC:37800 WP No. 8395 of 2025 Rs.15,000/- per month. Then, this Court had adjourned the matter for filing the memo with regard to the EMI that he is paying. It is submitted that he is not in a position to place the document. 6. Learned counsel appearing for the respondent/wife submits that the bank accounts clearly reveals that every month an amount of Rs.16,000/- is paid towards EMI. It is submitted that she has to take care of two children and herself and also pay the EMI. In these circumstances, the maintenance of an amount Rs.20,000/- per month that is granted by the Family Court is just and reasonable and there are no grounds to interfere with the impugned order passed by the Family Court. 7. Having heard the learned counsels on either side, perused the material on record. Admittedly, the salary of the husband is Rs.65,000/- per month and the salary of the wife is Rs.62,261/- per month and for the property which is jointly purchased by both of them, an amount of Rs.16,000/- is paid by the wife towards the EMI. The wife is not seeking any maintenance for herself. It is the duty of the husband to take - 5 - HC-KAR NC: 2025:KHC:37800 WP No. 8395 of 2025 care of the wife and the children. In this case, the wife is employed and out of the amount she is getting, she is paying the EMI and also she is taking care of the two children. It is the duty of the father to pay the maintenance to the wife. In the facts and circumstances, the Family Court had rightly granted maintenance of an amount of Rs.20,000/- per month to the wife and to both the children and this Court finds no reasons to interfere with the well considered order passed by the Family Court. Hence, this Court is passing the following: ORDER i. According, this writ petition is dismissed. ii. All I.As., in the writ petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE BN List No.: 1 Sl No.: 4