Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:39368 RPFC No. 217 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI REV.PET FAMILY COURT NO. 217 OF 2024 BETWEEN:
SRI. THEJUKUMAR S/O VIJAYAKUMAR KALAPPA AGED ABOUT 42 YEARS, R/AT KARUGUNDA VILLAGE, MADIKERI TALUK, KODAGU DISTRICT- 571214 …PETITIONER (BY SRI. KIRAN KUMAR H., ADVOCATE)
AND:
1.
SMT. REKHA W/O THEJUKUMAR AGED ABOUT 38 YEARS
2.
BABY B T NIKSHITHA D/O THEJUKUMAR AGED ABOUT 10 YEARS REPRESENTED BY NATURAL GUARDIAN MOTHER
BOTH ARE R/AT NO. 235, 7TH CROSS, B.M. SHREE NAGARA, SECOND STAGE, METAGALLI, MYSURU - 571 112 …RESPONDENTS (BY SRI. MADHUSUDHAN N K FOR SMT. SHOBHA BHAVIKATTI, ADVOCATE)
THIS RPFC FILED UNDER SEC.19(4) OF THE FAMILY COURTS ACT., AGAINST THE ORDER DATED 08.08.2024 PASSED IN Crl.MISC NO.20/2022 ON THE FILE OF THE PRINCIPAL JUDGE, FAMILY COURT,
Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:39368 RPFC No. 217 of 2024
MYSURU PARTLY ALLOWING THE PETITION FILED UNDER SEC.125 OF Cr.P.C., FOR MAINTENANCE.
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 order passed in Crl.Misc.No.20/2022 dated 08.08.2024 by the Principal Judge, Family Court, Mysuru whereby the Family Court had granted maintenance of an amount of Rs,15,000/- to the wife and the child and an amount of Rs.5,000/- towards litigation expenses, the husband is before this Court. 2. The parties are referred to as husband and wife for the sake of convenience. 3. The wife had filed a petition seeking maintenance of an amount of Rs.30,000/- per month to her and the child. It is the case of the wife that the husband is working in an automobile workshop and earning sufficiently. According to the wife, her salary is Rs.39,800/-. The husband has filed his objection stating that he is only doing agriculture work and as stated by the wife he is not working. In the cross examination before the
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HC-KAR NC: 2025:KHC:39368 RPFC No. 217 of 2024
Family Court, it is stated that he has accepted that he is doing automobile engineering work. Considering all these facts, the Family Court had granted maintenance of an amount of Rs.15,000/- per month to the wife and child. 4. Learned counsel appearing for the petitioner/husband submits that he is working as a daily wage laborer and he has also produced before the Court that he is earning an amount of Rs.300/- per day. It is further submitted that he is not having sufficient income and with that income he has to take care of himself and granting an amount of Rs.15,000/- per month towards maintenance is on the higher side. 5. Learned counsel appearing for the respondent/wife submits that the husband is taking different stands with regard to his employment. At one breath he says that he is working in an automobile shop and at another breath he says that he is working as a daily laborer. It is submitted that he has not filed his Statement of Assets and Liabilities before the Family Court. It is submitted that there are no grounds to allow the writ petition and the same may be dismissed. - 4 -
HC-KAR NC: 2025:KHC:39368 RPFC No. 217 of 2024
6. Learned counsel appearing for the petitioner/husband submits that he has filed the Statement of Assets and Liabilities before this Court. 7. Having heard the learned counsels on either side, perused the materials on record.
The sole purpose of filing the Statement of Assets and Liabilities is to put forth before the Court what are the assets and liabilities of the parties as per the judgment of the Hon'ble Apex Court in the case of RAJNESH VS. NEHA1. Unfortunately, in this case the husband had taken different stands at different levels and before the Family Court he had not filed his bank statements of three years. On perusal of the order and also the submissions that are made before this Court, it clearly demonstrate that the petitioner/husband is suppressing the material facts before the Court and he has not come to the Court with clean hands. The Family Court had granted maintenance of an amount of Rs.15,000/- to the wife and the child. Admittedly, the wife is earning an amount of Rs.39,800/- in those circumstances, the Family Court was not right in granting maintenance to the wife. Considering all this aspects, this Court is passing the following:
1 (2021) 2 SCC 324
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HC-KAR NC: 2025:KHC:39368 RPFC No. 217 of 2024
ORDER i. The order passed in Crl.Misc.No.20/2022 dated 08.08.2024 by the Principal Judge, Family Court, Mysuru is modified and the revision petition partly allowed. ii. Daughter alone is entitled for maintenance and the amount of maintenance is reduced from Rs.15,000/- to Rs.10,000/-. iii. Pending IAs if any, shall also stand closed.
SD/- (LALITHA KANNEGANTI) JUDGE
RJ List No.: 1 Sl No.: 1