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2025 DAILYLAW 67651 (KAR)

SMT MAHALAKSHMI v. SRI KESHAVA MURTHY B L

WP/27543/2024 · 2025-09-10

Lalitha Kanneganti

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Judgment text

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- 1 - HC-KAR NC: 2025:KHC:37289 WP No. 27543 of 2024 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.27543 OF 2024 (GM-FC) BETWEEN: SMT. MAHALAKSHMI, W/O SRI KESHAVA MURTHY, AGED ABOUT 39 YEARS, R/AT NO.25, 4TH MAIN, MAHALAKSHMI LAYOUT, SREEKANTESHWARANAGAR, NANDHINI LAYOUT, BENGALURU – 560 096 …PETITIONER (BY SRI. DEENABANDHU RAI N., ADVOCATE) AND: SRI. KESHAVA MURTHY B L, S/O R LAKKANNA, AGED ABOUT 37 YEARS, R/AT NO.1/84, 12TH CROSS, BRUNDAVANA ROAD, RAJAGOPALANAGAR, PEENYA IV PHASE, BENGALURU – 560 058 …RESPONDENT (BY SRI. LOKESH S. G., ADVOCATE) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO a) ISSUE CERTIORARI OR SET ASIDE THE ORDER DTD 17.08.2024 PASSED BY PRL. JUDGE, FAMILY COURT AT BENGALURU, IN MC NO.3173/2021, VIDE ANNEXURE-A, IN THE INTEREST OF JUSTICE, AND Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:37289 WP No. 27543 of 2024 CONSEQUENTLY ALLOW THE IA NO.3 FILED BY THE PETITIONER AS PRAYED FOR; b) GRANT SUCH OTHER RELIEF/S THAT THIS HON’BLE COURT DEEMS FIT TO GRANT ON THE FACTS AND CIRCUMSTANCES OF THE CASE, TO THE PETITIONERS, IN THE INTEREST OF JUSTICE. THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP 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.3173/2021 dated 17.08.2024 by the Principal Judge, Family Court, Bengaluru, whereby the Family Court had granted maintenance of an amount of Rs.3,000/- to the child from the date of filing I.A.No.3 i.e., from 05.02.2023 till disposal of the petition, the wife is before this Court seeking enhancement of maintenance. 2. The parties are referred to as husband and wife for the sake of convenience. 3. It is the case that both the wife and the husband are working. According to the husband, his salary is Rs.15,000/- per month. According to the wife, her salary is Rs.25,000/- per month. Considering the income of both the - 3 - HC-KAR NC: 2025:KHC:37289 WP No. 27543 of 2024 husband and wife, the Family Court had granted maintenance of an amount of Rs.3,000/- per month to the child. 4. Learned counsel appearing for the petitioner/wife submits that the husband is having own house and other properties. It is submitted that the wife is living in a rented house, she has to bear the expenses of the child and also has take care of herself. It is further submitted that the Family Court had granted maintenance of an amount of Rs.3,000/- per month and according to the learned counsel to the petitioner the maintenance that is granted by the Family is not a just and reasonable amount. 5. Learned counsel appearing for the respondent/ husband submits that the husband has to take care of his mother, who is suffering from cancer and the amount that is awarded by the Family Court is reasonable and no interference is called for. 6. Having heard the learned counsels on either side, perused the material on record. Admittedly, the wife is earning an amount of Rs.25,000/- per month and the husband is earning an amount of Rs.15,000/- per month. The wife is the - 4 - HC-KAR NC: 2025:KHC:37289 WP No. 27543 of 2024 one who is taking care of the child and admittedly, the husband is having his own house and the Family Court had granted maintenance of an amount of Rs.3,000/- per month. In these facts and circumstances, this Court is of the view that the order of the Family Court needs to be modified. Accordingly, this Court is passing the following: ORDER i. The impugned order passed in I.A.No.3 in M.C.No.3173/2021 dated 17.08.2024 by the Principal Judge, Family Court, Bengaluru is modified by enhancing the maintenance from an amount of Rs.3,000/- to Rs.5,000/- per month. ii. Accordingly, the writ petition is partly allowed. iii. All I.As., in the writ petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE BN List No.: 2 Sl No.: 28