- 1 - HC-KAR NC: 2025:KHC:29179 RPFC No. 222 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JULY, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI REV.PET FAMILY COURT NO. 222 OF 2022 BETWEEN: SRI. VIJAY KUMAR S/O JAVARAIAH, AGED ABOUT 38 YEARS, R/AT DOOR NO.3517, 17TH 'B' MAIN ROAD, KANAKADASANAGARA, MYSURU, PIN CODE-570023. …PETITIONER (BY SRI. HONAKHANDE BASAGOWDA PANDIT., ADV.) AND: 1. SMT. Y. M. ANITHA W/O VIJAY KUMAR, D/O MARISWAMY, AGED ABOUT 32 YEARS, 2. KUM. NANDHANA V. D/O VIJAY KUMAR, AGED ABOUT 06 YEARS, SINCE MINOR REPRESENTED BY HER NATURAL GUARDIAN MOTHER 1ST RESPONDENT. BOTH ARE RESIDING AT DOOR NO.184, A-BLOCK, 13TH LANE, JYOTHINAGAR, MYSURU, PIN CODE-570019. …RESPONDENTS (SMT. Y.M. ANITHA - RESPONDENT NO.1 SERVED, R2 - MINOR) Digitally signed by LAKSHMINARAYAN N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:29179 RPFC No. 222 of 2022 THIS RPFC IS FILED U/S.19(4) OF THE FAMILY COURTS ACT., AGAINST THE JUDGMENT AND DECREE DATED 11.07.2022 PASSED IN Crl.MISC.NO.828/2021 ON THE FILE OF THE IV ADDL. PRL. FAMILY JUDGE, MYSURU. PARTLY ALLOWING THE PETITION FILED U/S.125 OF Cr.P.C FOR MAINTENANCE. 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 Crl.Misc.828/2021 dated 11.07.2022 by the IV Addl. Prl. Family Judge, Mysuru, the husband is before this Court questioning the grant of maintenance of Rs.6,000/- to the wife and Rs.4,000/- to the daughter. 2. The parties are referred to as husband and wife for the sake of convenience. 3. The wife has filed the petition seeking monthly maintenance of Rs.10,000/- and litigation expenses of Rs.25,000/-. It is the case of wife that husband is working in a private firm and drawing a salary of more than Rs.40,000/- per month, having a rental income of Rs.30,000/- and also - 3 - HC-KAR NC: 2025:KHC:29179 RPFC No. 222 of 2022 agricultural income of Rs.2,00,000/- per year. Hence, he is capable of maintaining the wife and children. 4. It is the case of husband that he is working as coolie and he has no other income. His income per month is Rs.15,000/-. The Court having considered the fact that he is working as coolie by earning Rs.15,000/- per month, can afford to pay maintenance of Rs.6,000/- to his wife and Rs.4,000/- to his daughter and the Court had granted in all Rs.10,000/- to both of them. 5. Learned counsel for the petitioner submits that the amount of maintenance granted by the Family Court is on the higher side and that the Court ought not to have granted Rs.10,000/-. It is submitted that the order passed by the Court is without any basis and needs to be interfered with. 6. Though notice is served on the respondent, no vaklathnama is filed on their behalf. This Court on the last occasion, heard the counsel for the petitioner and listed the matter as part heard. Having heard the learned counsel on either side and perused the material on record. - 4 - HC-KAR NC: 2025:KHC:29179 RPFC No. 222 of 2022 7. The Family Court had considered the income of the husband at Rs.15,000/-. In that case, the Court had granted more than 50% of the income towards maintenance i.e. Rs.6,000/- to wife and Rs.4,000/- to daughter. In the considered opinion of this Court, the Court ought not to have granted Rs.10,000/- as maintenance and the interest of the parties would be balanced by granting Rs.6,000/-. Accordingly, the husband is directed to pay an amount of Rs.4,000/- to wife and Rs.2,000/- to daughter and arrears if any at that rate, shall be paid within a period of eight weeks from the date of receipt of a copy of this order. Accordingly, the following: ORDER i. The order dated 11.07.2022 passed in Crl.Misc.828/2021 by the IV Addl. Prl. Family Judge, Mysuru, granting the maintenance amount of Rs.6,000/- to the wife and an amount of Rs.4,000/- to the daughter is modified by reducing the maintenance from an amount of Rs.10,000/- to an amount of Rs.4,000/- to the wife and an amount of Rs.2,000/- to the daughter. - 5 - HC-KAR NC: 2025:KHC:29179 RPFC No. 222 of 2022 ii. Revision Petition is disposed of. iii. All IAs., in this petition shall stand closed. Sd/- (LALITHA KANNEGANTI) JUDGE SSD List No.: 1 Sl No.: 5