- 1 - HC-KAR NC: 2025:KHC:28192 WP No. 14291 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JULY, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 14291 OF 2022 (GM-FC) BETWEEN: SRI. NAVEEN D’SOUZA S/O. FRANSIS D’SOUZA, AGED ABOUT 31 YEARS, R/O. SHAKTI NAGAR, NEAR ARCH, CHIKKAMAGALURU-577 101. …PETITIONER (BY SRI. GIRISH. B. BALADARE, ADVOCATE) AND: SMT. REENA D’SOUZA, W/O. NAVEEN D’SOUZA, AGED ABOUT 27 YEARS, SHAKTHINAGAR, NEAR ARCH, CHIKKAMAGALURU-577 101. …RESPONDENT (RESPONDENT SERVED) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ANNEXURE-F THAT IS THE ORDER DTD.17.3.2022 PASSED BY THE PRINCIPAL JUDGE, FAMILY COURT AT CHIKKAMAGALURU M.C.NO.16/2022 AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:28192 WP No. 14291 of 2022 CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER Aggrieved by the order passed in I.A.No.3 in M.C.No.16/2022 dated 17.03.2022 by the Principal Judge, Family Court, Chikkamagaluru, whereby the Family Court had granted maintenance of an amount of Rs.10,000/- per month and litigation expenses at the rate of Rs.2,000/- per month, 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 the application seeking maintenance of an amount of Rs.25,000/- per month and also litigation expenses till the disposal of the petition. The Family Court considering the case of the respective parties had granted maintenance of an amount of Rs.10,000/- per month and litigation expenses of an amount of Rs.2,000/- per month. 4. Learned counsel appearing to the petitioner/ husband submits that the income of the husband is Rs.25,000/- per month, the Family Court had taken into consideration the - 3 - HC-KAR NC: 2025:KHC:28192 WP No. 14291 of 2022 income at an amount of Rs.20,000/- to Rs.25,000/-. The Family Court had also observed that the wife is earning an amount of Rs.8,000/- per month and granted maintenance of an amount of Rs.10,000/- per month. By that the wife is getting an amount of Rs.18,000/- and the husband is left with only Rs.10,000/- and granting Rs.2,000/- per month as litigation expenses is on the higher side. Learned counsel submits that the Family Court without considering the financial capacity of the husband and without any basis had granted the maintenance to the wife. 5. Though notice is served on the respondent, there is no representation on behalf of the respondent. 6. Having heard the learned counsel appearing for the petitioner, perused the material on record. The Family Court had taken the income of the husband between an amount of Rs.20,000/- to Rs.25,000/- and also considered the fact that the wife's income is Rs.8,000/- per month, but granted the maintenance at an amount of Rs.10,000/- per month. In the considered opinion of this Court, granting an amount of Rs.10,000/- per month when the income is considered at - 4 - HC-KAR NC: 2025:KHC:28192 WP No. 14291 of 2022 Rs.20,000/- is on the higher side, particularly when the wife is already earning an amount of Rs.8,000/- per month and also granting an amount of Rs.2,000/- per month towards litigation expenses is also not a well considered order of the Family Court. Considering the income of the husband at Rs.20,000/- per month and the income of the wife is at Rs.8,000/- per month, this Court deems it appropriate to modify the order passed by the Family Court. Hence, this Court is passing the following: ORDER i. The order impugned passed in I.A.No.3 in M.C.No.16/2022 dated 17.03.2022 by the Principal Judge, Family Court, Chikkamagaluru is modified. ii. The maintenance amount is reduced from Rs.10,000/- per month to Rs.5,000/- per month and the litigation expenses instead of Rs.2,000/- per month, this Court is granting an amount of Rs.10,000/- as one time litigation expenses. - 5 - HC-KAR NC: 2025:KHC:28192 WP No. 14291 of 2022 iii. Accordingly, this writ petition is disposed of. iv. All I.As., in the writ petition shall stand closed. Sd/- (LALITHA KANNEGANTI) JUDGE BN List No.: 1 Sl No.: 208