- 1 - HC-KAR NC: 2025:KHC:44372 WP No. 7500 of 2023 C/W WP No. 8896 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 7500 OF 2023 (GM-FC) C/W WRIT PETITION NO. 8896 OF 2023 (GM-FC) IN WP No. 7500/2023 BETWEEN: 1. MR ABDUL AZEEZ AMANULLA S/O ABDUL AZEEZ, AGED ABOUT 59 YEARS, R/AT NO.1112, PRESTIGE DEJA VU, PULAKESHINAGAR, OPPOSITE SANTOSH HOSPITAL, BENGALURU-560005 ALSO AT NO.4, 2ND CROSS, 2ND MAIN, RAHAMATH NAGAR, R T NAGAR POST, BENGALURU-560032. …PETITIONER (BY SRI. S B TOTAD., ADVOCATE) AND: 1. MRS RAKIYA W/O ABDUL AZEEZ AMANULLA, AGED ABOUT 42 YEARS, 2. A KHATEERA KHATTUN D/O ABDUL AZEEZ AMANULLA, AGED ABOUT 14 YEARS, Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:44372 WP No. 7500 of 2023 C/W WP No. 8896 of 2023 MINOR REPRESENTED BY MOTHER RESPONDENT NO.1, BOTH ARE R/AT NO.10, II MAIN, 5TH CROSS, DINNURU, R.T.NAGAR, BENGALURU-32. …RESPONDENTS (BY SMT. T R RAJESHWARI., ADVOCATE FOR R1 R2 IS MINOR REPRESENTED BY R1) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER PASSED BY THE IV ADDL. PRINCIPAL JUDGE, FAMILY COURT, BANGALORE, IN CRL.MISC. NO. 247/2022 DATED 16.01.2023 IN ALLOWING THE APPLICATION IA NO.II IN PART AT ANNEXURE-D. IN WP NO. 8896/2023 BETWEEN: 1. MRS RAQKIYA W/O ABDUL AZEEZ AMANULLA, AGED ABOUT 41 YEARS, 2. A KHATEERA KHATTUN D/O ABDUL AZEEZ AMANULLA, AGED ABOUT 14 YEARS, MINOR REPRESENTED BY MOTHER PETITIONER NO 1 BOTH ARE RESIDING AT NO 10, II MAIN, 5TH CROSS, DINNURU, R T NAGAR, BENGALURU 560032 ...PETITIONERS (BY SMT. T R RAJESHWARI., ADVOCATE) - 3 - HC-KAR NC: 2025:KHC:44372 WP No. 7500 of 2023 C/W WP No. 8896 of 2023 AND: 1. MR ABDUL AZEEZ AMANULLA S/O ABDUL AZEEZ AGED ABOUT 58 YEARS, R/AT NO 1112, PRESTIGE DEJA VU, PULKESHI NAGAR, OPPOSITE SANTHOSH HOSPITAL, BENGALURU 560005 ALSO AT NO 4, 2ND CROSS, 2ND MAIN, RAHAMATH NAGAR, R T NAGAR POST, BENGALURU 560032 ...RESPONDENT (BY SRI. S B TOTAD., ADVOCATE) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER PASSED BY THE IV ADDL. PRL. FAMILY JUDGE, BANGALORE ON IA NO. II IN C.MISC. 247/2022 DTD. 16.01.2023 PRODUCED AND MARKED AT ANNX-A. CONSEQUENTLY ALLOW THE APPLICATION FILED BY THE PETITIONERS AT IA NO. II FILED IN C.MISC. 247/2022 ON THE FILE OF IV ADDL. PRL. FAMILY JUDGE, BANGALORE PRODUCED AND MARKED AT ANNX-B AND ETC. THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 4 - HC-KAR NC: 2025:KHC:44372 WP No. 7500 of 2023 C/W WP No. 8896 of 2023 CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER Aggrieved by the order passed in I.A.No.II passed in Crl.Misc.No.247/2022 dated 16.01.2023 by IV Additional Principal Judge, Family Court, Bangalore, whereby the Family Court had granted maintenance of an amount of Rs.20,000/- each to the wife and the child and litigation expenses of Rs.30,000/-, the husband is before this Court. The husband has filed W.P.No.7500/2023 and the wife had filed W.P.No.8896/2023 seeking enhancement of the compensation. 2. For the sake of convenience, the parties are referred to as husband and wife. 3. The application is filed seeking maintenance of an amount Rs.3,00,000/- for the wife and the daughter and Rs.1,00,000/- towards Educational expenses. 4. The case of the wife is that the husband is educated and he did 'D' Pharma course at Mysore. Later, he became a successful businessman and also a PRO in Ambedkar Medical College and some other educational institutions. He is an active - 5 - HC-KAR NC: 2025:KHC:44372 WP No. 7500 of 2023 C/W WP No. 8896 of 2023 congress member and contested for elections at his native place in Tamilnadu, during the Lok Sabha elections in the year 2021. Since May 2020, the husband has totally neglected the wife and blocked her mobile number. The husband owns certain properties. 5. The case of the wife is that in order to meet expenses, she has taken overdraft of Rs.4,50,000/- from ICICI bank apart from personal loan of Rs.5,00,000/- from the same bank and paying Rs.1,600/- and Rs.1,800/- per month, respectively for the said loans. She had undergone surgery to her left eye on 15.02.2021 and spent an amount of Rs.2,25,000/- and add and undergone physiotherapy for her left leg. The husband, except paying the tuition fee, has not bothered to meet the other expenditure of the daughter and she sought maintenance of Rs.3,00,000/-. The husband has filed his memo adopting objections of the main petition as objections to I.A.No.II. 6. The case of the husband is that after marriage, he had provided with four floors house at R.T.Nagar, Bangalore, the building with two independent floors and the wife is also - 6 - HC-KAR NC: 2025:KHC:44372 WP No. 7500 of 2023 C/W WP No. 8896 of 2023 residing in a portion of the same building. Apart from that she is doing high profile boutique business where she is earning huge amounts and also engaged people to work for her. In fact, husband has provided full financial support and the same is suppressed by the wife. He also provided a car to the wife and paying EMI. Though she is having substantial income to lead decent life, she has come forward with an application seeking maintenance of Rs.3,00,000/-. It is stated that they are not entitled for maintenance. 7. The Family Court, by order impugned had granted the maintenance of an amount of Rs.40,000/- i.e., Rs.20,000/- each. The Family Court has observed that, the husband in his disclosure of assets and liabilities had mentioned his monthly income as Rs.72,000/- and his general monthly expenses at Rs.71,000/-. He had also mentioned the school fee of Rs.1,002,420/- and also EMI of Rs.10,382/-. The Family Court has also observed that though the husband had provided an accommodation of a duplex house and also provided a car, the wife needs money to run the house and also to use the car and the daughter is still pursuing her education. Though he had - 7 - HC-KAR NC: 2025:KHC:44372 WP No. 7500 of 2023 C/W WP No. 8896 of 2023 paid the fee for some of the months as shown in the affidavit filed by the wife, the responsibility of the husband has to be fixed as he is staying away from the family. 8. The wife had claimed maintenance of Rs.3,00,000/- and Rs.1,00,000/- for educational expenses. Though the husband stated that she is doing the boutique business, nothing has been placed on record. It is the case of the wife that she is doing tailoring work and earning Rs.10,000/- to Rs.15,000/- per month. Hence, the Family Court has granted maintenance of Rs.20,000/- per months. 9. Learned counsel appearing for the petitioner submits that since the income of the husband is assessed at Rs.72,000/- per month, paying of maintenance as directed by the Court below is on the higher side. Further, it is submitted that he is taking care of all the expenses. Hence, the maintenance of Rs.40,000/- is on the higher side. 10. When the matter came up before this Court on the earlier occasion, this Court had directed the husband to file his statement of assets and liabilities. The wife along with the - 8 - HC-KAR NC: 2025:KHC:44372 WP No. 7500 of 2023 C/W WP No. 8896 of 2023 vacate petition had filed the synopsis before this Court showing what are the amounts in different Bank accounts. As per the synopsis, in the State Bank of India account in Hosur Taluk, Tamil Nadu, only interest is credited in the said account. Then coming to the Account in Bank of India, Rahamath Nagar, Bengaluru Branch, the transactions are running into lakhs. With regard to two accounts in the Axis Bank, the account is opened on 02.07.2020 and closed on 17.02.2020 and the another is opened on 05.01.2023 and closed on 04.09.2024. Except the certificates, no bank statements are filed before this Court. Then coming to the Axis Bank, Pulakeshinagar Branch, the transaction from 19.04.2018 to 20.08.2025 is produced. So as per the Axis bank account, from 09.04.2018 to 31.03.2019, Rs.1,00,39,998/- is the transaction; from 06.04.2019 to 31.03.2020, Rs.63,76,078/- is the transaction; from 01.03.2021 to 28.02.2022, the transaction for the said period is Rs.82,45,789/-; then from 02.04.2023 to 06.02.2026 is Rs.77,19,776/-; from 02.04.2024 to 31.03.2025 is Rs.2,85,99,250/- and from 01.04.2025 to 26.08.2025 is Rs.93,70,737/-. It is also stated that according to the husband, the New Kadai Restaurant is gifted to the son. But the - 9 - HC-KAR NC: 2025:KHC:44372 WP No. 7500 of 2023 C/W WP No. 8896 of 2023 transaction shows that every month he is receiving and amount of Rs.6,00,000/- from the said restaurant. 11. Learned counsel appearing for the wife submits that the husband has come up before this Court by suppression and misrepresentation of facts. When the husband has stated that his income is Rs.72,000/-, from where all the aforesaid amount is coming to his bank accounts and what he is doing has not been stated before the Court. It is submitted that post COVID, the wife is suffering from health issues and spending huge amounts towards medical expenses. Earlier when the parties were residing together, the husband used to send the daughter to the school by car and the standard of living the girl got used to it and when the father is capable of providing maintenance to the child, he should maintain the same standard. It is submitted that as per the expenditure of the wife, an amount of Rs.3,00,000/- ought to have been granted by the Family Court. Hence, she sought for enhancement of the maintenance. 12. Learned counsel appearing for the petitioner/husband submits that the wife is running a boutique and earning money and she is not entitled for maintenance. - 10 - HC-KAR NC: 2025:KHC:44372 WP No. 7500 of 2023 C/W WP No. 8896 of 2023 Learned counsel appearing for the wife submits that she was doing the business before COVID-19 and after that because of the health issues, the wife is not running the boutique. 13. Having heard the learned counsel on either side, perused the material on record. When an application is filed seeking maintenance, based on the evidence on record, the Court will grant maintenance to the parties. Before the judgment of Hon'ble Apex Court in the case of Rajnesh v. Neha1, the Court was doing the guesswork when there is no material on record. But after the judgment of the Apex Court referred supra no such exercise is required, as per the judgment certain documents have to be placed before the Court while seeking maintenance. 14. Unfortunately, in this case, the husband had failed to place any of the documents that are relevant for the purpose of granting maintenance. The Rajnesh's case referred supra makes it very clear that if any of the parties fails to place all the relevant documents before the Court, an adverse inference needs to be drawn. A person whose income according to him is 1 AIR 2021 SC 569 - 11 - HC-KAR NC: 2025:KHC:44372 WP No. 7500 of 2023 C/W WP No. 8896 of 2023 Rs.72,000/-, why all the transactions are running into lakhs of rupees is not known. That itself shows that there is suppression of income and the case of the husband cannot be taken into consideration by this Court. 15. When this Court specifically asked, what are all these amounts, it is submitted that he had performed the marriage of his son from the first wife. When he is in a position to spend lakhs of Rupees for the marriage, it cannot be believed that his income is Rs.72,000/-. Considering the bank statements that are placed before this Court and also considering the standard of living of the parties and the social status of the parties, this Court deems it appropriate to enhance the maintenance to Rs.1,50,000/-. The father shall bear the educational expenses also. Accordingly, this Court is passing the following: ORDER i. Accordingly, W.P.No.7500/2023 filed by the husband is dismissed. - 12 - HC-KAR NC: 2025:KHC:44372 WP No. 7500 of 2023 C/W WP No. 8896 of 2023 ii. Accordingly, W.P.No.8896/2023 filed by the wife is partly allowed by enhancing maintenance from an amount of Rs.40,000/- per month to Rs.1,50,000/- per month. iii. The husband shall pay the educational expenses of the child. iv. The husband shall also pay the litigation expenses of an amount of Rs.1,00,000/-. v. All pending IAs, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE VM List No.: 1 Sl No.: 6