- 1 - HC-KAR NC: 2025:KHC:30249 RPFC No. 17 of 2025 C/W RPFC No. 216 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI REV.PET FAMILY COURT No. 17 OF 2025 C/W REV.PET FAMILY COURT No. 216 OF 2024 IN RPFC No. 17/2025 BETWEEN: HARSHITHA C W/O SANTHOSH KUMAR T M AGED ABOUT 28 YEARS R/AT DOOR No. 9900 2ND PHASE, VIJAYNAGAR, 4TH STAGE MYSORE - 570 032. …PETITIONER (BY SRI SACHIN B S, ADVOCATE) AND: SANTHOSH KUMAR T M S/O MADEGOWDA AGED ABOUT 36 YEARS R/AT HALE BEEDI, TALAKADU T NARASIPURA TALUK MYSORE DISTRICT - 571 122. …RESPONDENT (BY MS. MEGHA SUNIL FOR SRI G.B. SHARATH GOWDA, ADVOCATE) THIS RPFC IS FILED UNDER SECTION 19(4) OF THE FAMILY COURTS ACT., AGAINST THE ORDER DATED 13.08.2024 PASSED IN CRL MISC.761/2021 ON THE FILE OF THE PRINCIPAL JUDGE, FAMILY COURT MYSURU, PARTLY ALLOWING THE PETITION FILED UNDER SECTION 125 OF Cr.P.C FOR MAINTENANCE. Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:30249 RPFC No. 17 of 2025 C/W RPFC No. 216 of 2024 IN RPFC No. 216/2024 BETWEEN: SRI. SANTHOSH KUMARA T M S/O MADEGWODA AGED ABOUT 36 YEARS RESIDING AT HALE BEEDI, TALAKADU T NARASIPURA TALUK MYSORE DISTRICT- 571 122. ...PETITIONER (BY MS MEGHA SUNIL FOR SRI G.B. SHARATH GOWDA, ADVOCATE) AND: SMT. HARISHITHA C W/O SRI SANTHOSH KUMAR TM AGED ABOUT 28 YEARS RESIDING AT DOOR No. 9900 2ND PHASE, VIJAYANAGAR, 4TH STAGE MYSORE - 570 032. ...RESPONDENT (BY SRI. SACHIN B.S., ADVOCATE) THIS RPFC IS FILED UNDER SEC.19(4) OF THE FAMILY COURTS ACT., AGAINST THE ORDER DATED 13.08.2024 PASSED IN CRL. MISC NO.761/2021 ON THE FILE OF THE PRINCIPAL JUDGE, FAMILY COURT, MYSURU, PARTLY ALLOWING THE PETITION FILED UNDER SEC.125 OF Cr.P.C., FOR MAINTENANCE. THESE PETITIONS 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.No.761/2021 dated 13.08.2024 by the Principal Judge, Family Court, Mysuru - 3 - HC-KAR NC: 2025:KHC:30249 RPFC No. 17 of 2025 C/W RPFC No. 216 of 2024 both wife and husband are before this Court. The husband’s petition is RPFC No.216/2024 and the wife’s petition is RPFC No.17/2025. The Court by order impugned granted an amount of Rs.10,000/- p.m. and Rs.5,000/- towards the expenses. 2. It is the case of the wife that the husband is a Chartered Accountant earning more than Rs.1,50,000/- p.m. and he is also having landed properties. It is the case of the husband that he is earning Rs.24,000/- and the Court had granted maintenance of an amount of Rs.10,000/-. Learned counsel appearing for the wife submitted that he is having landed properties and is also getting at least Rs.1,00,000/- per month. These aspects were suppressed by the husband before the Court and the wife is entitled for maintenance. 3. The counsel appearing for the husband submits that the wife has got a job on 24.08.2022 in State Bank of India and her salary is 33,162/- whereas husband's salary is Rs.24,000/- and he is not liable to pay any maintenance. As such, the petition filed by the wife needs to be dismissed and the petition filed by the husband has to be allowed. - 4 - HC-KAR NC: 2025:KHC:30249 RPFC No. 17 of 2025 C/W RPFC No. 216 of 2024 4. Having heard the learned the counsel on both side, perused the material on record. 5. The application seeking maintenance is filed on 23.11.2021. The impugned order is passed on 13.08.2024. Wife got the job on 24.08.2022 i.e. for a period of 9 months after the application is filed, she is employed. In these circumstances, this Court is of the view that whatever is the amount that is decided by the Court shall be paid for 9 months by the husband. She is already drawing more salary and there is nothing on record to show that the husband is earning more than the wife. The enhancement of the maintenance or her entitlement after 24.08.2022 does not arise. In that view of the matter, this court is passing the following: ORDER (i) RPFC No.17/2025 is dismissed as the petitioner is not entitled for enhancement of the maintenance. (ii) RPFC No. 216/2024 is partly allowed and the order dated 13.08.2024 in Crl.Misc.No.761/2021 - 5 - HC-KAR NC: 2025:KHC:30249 RPFC No. 17 of 2025 C/W RPFC No. 216 of 2024 passed by the Principal Judge, Family Court at Mysuru is modified by holding that the wife is not entitled for maintenance from 24.08.2022 and the husband is liable to pay the maintenance at Rs.10,000/- for a period of 9 months i.e. Rs.90,000/-. All I.As. in this RPFC shall stand closed. Sd/- (LALITHA KANNEGANTI) JUDGE DKB List No.: 1 Sl No.: 20