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2025 DAILYLAW 67605 (KAR)

SRI. ARJUN A v. SMT. USHA G

WP/20740/2023 · 2025-09-10

Lalitha Kanneganti

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Judgment text

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- 1 - HC-KAR NC: 2025:KHC:37205 WP No. 20740 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 20740 OF 2023 (GM-FC) BETWEEN: SRI. ARJUN A, S/O AMAR G.M., AGED ABOUT 36 YEARS, R/AT NO.18, 1ST MAIN ROAD, VENKATESHAPPA LAYOUT, IDEAL HOMES TOWNSHIP, RAJARAJESHWARINAGAR, BENGALURU - 560098. …PETITIONER (BY SRI. JAMUNA BAI R.,ADVOCATE) AND: SMT. USHA G., W/O ARJUN A., AGED ABOUT 35 YEARS, R/AT NO.112, 7TH MAIN, 5TH CROSS, SRINIVASA NAGAR, BENGALURU - 560050. …RESPONDENT (BY SRI. PAULINE PRIYANKA B.,ADVOCATE) THIS WP IS FILED PRAYING TO QUASH THE ORDER DTD 30.5.2023 PASSED ON I.A.NO.3 IN M.C.NO.2068/2021 CLUBBED WITH M.C.NO.4009/2021 BY THE V ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, BENGALURU, WHICH IS PRODUCED HEREWITH AS ANNEXURE-A DISMISS THE APPLICATION IA NO.3, IN M.C.NO.2068/2021 CLUBBED WITH M.C.NO.4009/2021, ON THE V ADDITIONAL PRINCIPAL JUDGE, Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:37205 WP No. 20740 of 2023 FAMILY COURT, BENGALURU AWARD THE COSTS OF THIS WRIT PETITION THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER Aggrieved by the order passed in I.A.No.3 in M.C.No.2068/2021 and I.A.No.5 in M.C.No.4009/2021 dated 30.05.2023 by the V Addl. Principal Judge, Family Court, Bengaluru, whereby the Family Court had partly allowed I.A.No.3 filed by the mother and I.A.No.5 filed by the father and had directed the father to pay the maintenance of an amount of Rs.20,000/- per month and had also granted visitation to the father on alternative Saturday at Family Court Children Visiting Room, the father is before this Court. 2. The parties are referred to as father and mother for the sake of convenience. 3. Learned counsel appearing for the father submits that the income of the father is Rs.45,000/- per month and the Family Court had granted maintenance of an amount of Rs.20,000/- per month. It is the submitted that he is suffering - 3 - HC-KAR NC: 2025:KHC:37205 WP No. 20740 of 2023 with spinal cord issues and also has to take care of his sick mother. It is further submitted that the mother is earning an amount of Rs.30,000/- per month. The father has taken the insurance policy in the name of mother and the child and he has been paying the premium. It is submitted that the maintenance amount that is awarded by the Family Court is on the higher side and the same needs to be reduced. 4. Learned counsel appearing for the respondent/ mother submits that the boy is studying in II standard, his educational expenses and medical expenses are borne by the mother. The father has not taken care of the child. It is submitted that the boy is suffering with autoimmune disease and for that she requires lot of amount towards treatment that was not taken care of by the father. It is further submitted that in spite of the fact that she is earning an amount of Rs.30,000/- per month she has to take care of herself and the expenses of the child. In those circumstances, the Family Court had rightly considered and granted the maintenance and there are no grounds to interfere with the well considered order passed by the Family Court. - 4 - HC-KAR NC: 2025:KHC:37205 WP No. 20740 of 2023 5. Having heard the learned counsels on either side, perused the material on record. Undisputed facts are that the father's income is Rs.99,000/- per month and as per the bank statement, the mother's income is Rs.45,000/- per month. The child is having medical issues and the mother has to take care of the child, who is suffering with the medical issues and also she has to take care of herself. The submission of the learned counsel for the petitioner that the father is paying the insurance premium will not help the mother in bearing the monthly expenses. Considering all these facts, the Family Court had rightly granted the maintenance of an amount of Rs.20,000/- per month and this Court finds no reasons to interfere with the well considered order passed by the Family Court. Hence, this Court is passing the following: ORDER i. Accordingly, this writ petition is dismissed. ii. All I.As., in the writ petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE RJ,BN/List No.: 2 Sl No.: 23