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2025 DAILYLAW 68458 (KAR)

DR. HANUMANTHAPPA v. SMT. SHOBHA

WP/17175/2022 · 2025-07-23

Lalitha Kanneganti

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Judgment text

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- 1 - HC-KAR NC: 2025:KHC:28127 WP No. 17175 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. 17175 OF 2022 (GM-FC) BETWEEN: DR. HANUMANTHAPPA S/O LATE DODDARANGAYAKA AGED 46 YEARS, VETERINARY DOCTOR R/AT WALEHALLI VILLAGE, NAGASAMDUDRA POST, KANAKATTE HOBLI, ARSIKERE TALUK-573 103 HASSAN DISRICT. …PETITIONER (BY SRI. JAGADEESH H. T., ADVOCATE) AND: SMT. SHOBHA W/O DR.HANUMANTHAPPA NURSE, R/AT SAHYADRI NARAYANA HRUDAYALAYA, SHIVAMOGGA TOWN-577 201. NOW R/AT WALEHALI VILLAE, KANAKATTE HOBLI, ARSIKERE TALK-573 103 HASSAN DISTRICT. …RESPONDENT (BY SRI. VIJAYA KRISHNA BHAT M., ADVOCATE) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE ANNEXURE-E DATED 01.08.2022 PASSED BY THE SENIOR CIVIL JUDGE AND JMFC AT ARSIKERE IN M.C.NO.59/2020.GRANT AN INTERIM ORDER TO STAY THE OPERATION OF THE M.C.NO.59/2020 ON THE FILE OF THE Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:28127 WP No. 17175 of 2022 SENIOR CIVIL JUDGE AND JMFC AT ARSIKERE ANNEXURE-E TILL THE PENDING DISPOSAL OF THIS WRIT PETITION. THIS PETITION, COMING ON FOR DISMISSAL, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER Aggrieved by the orders passed on I.A.No.1 in M.C.No.59/2020 dated 01.08.2022 by the Court of Senior Civil Judge and J.M.F.C., Arsikere, whereby the Family Court had granted maintenance of an amount of Rs.15,000/- to the wife, the husband is before this Court. The wife had filed a petition seeking maintenance of an amount Rs.30,000/- per month. According to her, the husband's salary is Rs.80,000/- per month and from the landed properties, he is getting an income of Rs.1,00,000/- per month. The Court had considered the fact that the wife is working as a Nurse and she is earning an amount of Rs.17,000/-, after the deductions, she is getting an amount of Rs.16,800/- and the husband is a Government Doctor and his income is considered at Rs.30,000/- and the Family Court had granted maintenance of an amount of Rs.15,000/- per month to the wife. - 3 - HC-KAR NC: 2025:KHC:28127 WP No. 17175 of 2022 2. Learned counsel appearing for the petitioner/husband submits that when the Court considered the income at Rs.30,000/- and the wife is also earning and getting an amount of Rs.16,800/-, the Court ought not to have granted maintenance of an amount of Rs.15,000/- per month. 3. Learned counsel appearing for the respondent/wife submits that the Court considering the fact that he is having landed properties and also he is working as a Doctor and whereas the petitioner's wife is a Nurse, the Court has rightly granted the maintenance and no interference is called for from this Court. 4. Having heard the learned counsels on either side, perused the material on record. It is the case of the wife that the husband is having landed properties and he is having lot of income out of the said properties. There is no evidence in that regard before the Court. The Court has considered the income of the husband at Rs.30,000/-. Having considered the income at Rs.30,000/- and also the fact that the wife is earning an amount of Rs.16,800/-, the Court ought not to have granted maintenance of an amount of Rs.15,000/- to the wife. - 4 - HC-KAR NC: 2025:KHC:28127 WP No. 17175 of 2022 Considering all these aspects, this Court deems it appropriate to modify the order of the Family Court. Accordingly, this Court is passing the following: ORDER (i) The order dated 01.08.2022 passed on I.A.No.1 in M.C.No.59/2020 by the Court of Senior Civil Judge and J.M.F.C., Arsikere is hereby modified reducing the interim maintenance from an amount Rs.15,000/- to Rs.7,500/-. (ii) Accordingly, the Writ Petition is disposed of. (iii) All IAs., in this petition shall stand closed. Sd/- (LALITHA KANNEGANTI) JUDGE KA List No.: 1 Sl No.: 17