Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 68925 (KAR)

SRI G SATHISH v. SMT ROOPASHREE B S

RPFC/63/2021 · 2025-07-23

Lalitha Kanneganti

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:28797 RPFC No. 63 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JULY, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI REV.PET FAMILY COURT NO. 63 OF 2021 BETWEEN: SRI. G.SATHISH S/O LATE G.N.GOPALARAO AGED ABOUT 45 YEARS JUNIOR ENGINEER K.P.T.C.L STATION 110/60, K.V. STATION GUBBI -572 101 …PETITIONER (BY SRI. K.P.BHUVAN, ADVOCATE) AND: 1. SMT.ROOPASHREE B.S., W/O G.SATHISH D/O B.S.SHIVAPRASAD AGED ABOUT 41 YEARS 2. S.DIVYASHREE D/O G.SATHISH AGED ABOUT 12 YEARS BOTH ARE R/AT 1ST CROSS M.G.ROD, OPPOSITE SRIDEVI HOSPITAL BEHIND SRINIVASA JEWELERS TUMAKURU- 572 101 …RESPONDENTS (BY SRI.M.B.CHANDRACHOODA, ADVOCATE) THIS RPFC FILED UNDER SEC.19(4) OF THE FAMILY COURT ACT, AGAINST THE ORDER DATED 02.07.2021 PASSED IN CRL.MIS.NO.31/2020 ON THE FILE OF THE I ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, TUMAKURU, PARTLY ALLOWING THE PETITION FILED UNDER SEC.125 OF CR.PC., FOR MAINTENANCE. Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:28797 RPFC No. 63 of 2021 THIS PETITION, COMING ON FOR HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER Aggrieved by the orders passed in Crl.Misc.No.31/2020 dated 02.07.2021 passed by the I Additional Prl. Judge, Family Court, Tumakuru whereby, the Family Court had granted Rs.3,000/- as maintenance to the wife and Rs.8,500/- to the daughter, the husband is before this court. 2. Both the parties are referred to as wife and husband for the sake of convenience. 3. The respondent/wife herein has filed a petition seeking maintenance of an amount of Rs.30,000/- to herself and Rs.20,000/- to the daughter. The admitted facts in this case are that the wife's present gross salary is Rs.36,392/- and net salary is Rs.19,381/-. When it comes to the husband's income the gross salary is Rs.62,101/- and after deducting an amount to Rs.26,231/-, his net salary is Rs.35,870/-. 4. The family Court has observed that because the wife is getting the salary, that cannot be a ground to reject the - 3 - HC-KAR NC: 2025:KHC:28797 RPFC No. 63 of 2021 maintenance to her. As the husband is getting more salary than the wife, the Family Court had granted Rs.3,000/- to the wife and Rs.8,500/- to the child as maintenance. 5. Learned counsel appearing for the petitioner submits that the wife is also earning and she is not entitled for any maintenance and granting of an amount Rs.8,500/- to the child is on the higher side, there are deductions and it is difficult for him to pay the maintenance. 6. Learned counsel appearing for the respondent submits that the court had rightly considered and granted the amount and there are no reasons to interfere. 7. Having heard the counsels on either side, perused the entire material on record. The gross salary of the wife is Rs.30,000/- and take home salary is Rs.19,381/-. When it comes to the husband gross salary is Rs.62,101/- and after deducting an amount to Rs.26,231/-, his net salary is Rs.35,870/-. The Family Court had rightly granted an amount of Rs.8,500/- to the child as maintenance and why the Court had granted an amount of Rs.3,000 to the respondent/wife, - 4 - HC-KAR NC: 2025:KHC:28797 RPFC No. 63 of 2021 this Court is not able to understand and that order cannot be sustained. In the light of above discussion, this court is passing the following: ORDER i. The order in Crl.Misc.No.31/2020 dated 02.07.2021 passed by the I Additional Prl. Judge, Family Court, Tumakuru is set aside as far as wife is concerned. ii. Accordingly, the RPFC is Partly Allowed. iii. All pending I.As., in the petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE TS List No.: 1 Sl No.: 281