- 1 - HC-KAR NC: 2025:KHC:35222 WP No. 25242 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 25242 OF 2023 (GM-FC) BETWEEN: SRI. MURALIDHAR K.N., S/O LATE KALAPPA AGED ABOUT 32 YEARS, R/AT NARAGANAHALLI VILLAGE KUNDALA HOBLI, DEVANAHALLI TALUKL BANGALORE DISTRICT …PETITIONER (BY SRI. SHANKAREGOWDA H.N., ADVOCATE) AND: 1. SMT. AISHWARYA C., W/O MURALIDHARA N.K., AGED ABOUT 27 YEARS, 2. MASTER MILAN S/O MURALIDHARA N.K., AGED ABOUT 9 YEARS, MINOR REPRESENTED HIS NATURAL GUARDIAN PETITIONER NO.1 BOTHG ARE R/AT NO.128, LAKSHMIPURA, VIDYARANYAPURA POST, BANGALORE-560 097 …RESPONDENTS (BY SRI.V.R.BALARAJ, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE ORDER DATED 02/09/2023 PASSED ON I.A. NO. II IN CRL.MISC. NO. 888/2022 ON THE FILE OF VI ADDL. PRL. JUDGE, FAMILY COURT, BANGALORE (ANNEXURE -L). Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:35222 WP No. 25242 of 2023 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 orders passed on I.A.No.2 in Crl.Misc.No.888/2022 dated 02.09.2023 by the VI Addl. Principal Judge, Family Court, Bengaluru whereby the Family Court had granted an amount of Rs.20,000/- as maintenance to the wife and the child, the husband is before this Court. 2. Both the parties are referred to husband and wife for the sake of convenience. 3. Learned counsel appearing for the petitioner/husband submits that the wife is not entitled for maintenance as she has deserted the husband and she is living in adultery. It is submitted that the husband is ready to take back his wife and Section 125(4) of CrPC is very clear that a wife who is living in adultery and who has deserted the husband is not entitled for any maintenance. It is submitted that he is doing agriculture and he is not having sufficient income and inspite of the same the Family Court had granted an amount of Rs.20,000/- as maintenance and the same needs to be set aside. His - 3 - HC-KAR NC: 2025:KHC:35222 WP No. 25242 of 2023 contention is two fold., one is that the wife is not entitled for maintenance and even if she is entitled she is not entitled for an amount of Rs.20,000/- that is granted by the Family Court is exorbitant. 4. Learned counsel appearing for the respondent/wife submits that the father of the husband is having agricultural properties. His income per month is Rs.24,000/-. He is working as a cab driver and he is earning enough income. It is submitted that the wife is not working and she has to take care of the child who is aged about 11 years and it is the responsibility of the husband to take care of the wife and the child. 5. Having heard the learned counsels on either side, perused the entire material on record. The first submission of the counsel with regard to the fact that the wife is not entitled for maintenance as she has deserted the husband and she is living in adultery. Both these aspects cannot be considered by this Court in an application which is filed seeking interim maintenance. Admittedly, no MC is filed by the parties and there is no pronouncement by any of the Court that the wife is - 4 - HC-KAR NC: 2025:KHC:35222 WP No. 25242 of 2023 either living in adultery or she has deserted the husband. In these circumstances, this Court can only look at what is the entitlement of the wife and what should be the appropriate amount. 6. There is no dispute about the fact that the husband is having landed properties. According to the husband, he is working as an agriculturist and the agricultural properties belong to his father. According to the respondent, the husband will succeed to the said properties and he is having sufficient income. This court has perused the order of the Family Court wherein, the Family Court had observed that the husband has filed his affidavit of disclosure of assets and liabilities that his land is in native place and working as coolie. It is stated that his mother is his dependent and he is incurring Rs.4,000/- to Rs.5,000/- per month, his monthly income is shown as Rs.10,000/- p.m., and according to him the wife is working in a private company and drawing monthly salary of an amount of Rs.50,000/- but has not mentioned the employment of the wife. Hence the Family Court had considered the judgment of - 5 - HC-KAR NC: 2025:KHC:35222 WP No. 25242 of 2023 the Hon’ble Apex Court in case of Rajneesh Vs. Neha1 and considering the status of the parties, income and earning capacity of the husband and the Family Court had directed the husband to pay an amount of Rs.20,000/- as maintenance and an amount of Rs.10,000/- is granted towards one time litigation expenses. According to the wife, she is unemployed and according to the husband, she is working. Even if considering the fact that he is a agriculturist and the fact that his father is having several agricultural properties which husband will succeed too, the wife is taking care of the child. Considering the factual circumstances of the case an amount of Rs.10,000/- would be an appropriate amount. 7. In the light of the above discussion, this court is passing the following: ORDER i. The order passed on I.A.No.2 in Crl.Misc.No.888/2022 dated 02.09.2023 by VI Addl. Prl. Judge, Family Court, Bengaluru is modified by reducing the maintenance from an 1 (2021) 2 SCC 324 - 6 - HC-KAR NC: 2025:KHC:35222 WP No. 25242 of 2023 amount of Rs.20,000/- to Rs.10,000/- per month. ii. Accordingly, the writ petition is disposed of. iii. All pending I.As. in the petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE TS List No.: 2 Sl No.: 1