- 1 - HC-KAR NC: 2025:KHC:45476 RPFC No. 24 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI REV.PET FAMILY COURT NO. 24 OF 2025 BETWEEN: SRI. PUNEETH M., S/O. LATE. MANJUNATH AGED ABOUT 32 YEARS, OCC: COOLIE R/AT NO.2208, TURAB ALI STREET, MANDIMOHALLA, MYSORE-570 001 …PETITIONER (BY SRI. PURUSHOTHAMA H.E., ADVOCATE) AND: 1. SMT SNEHA P W/O. PUNEETH M., D/O. PRAKASH AGED ABOUT 29 YEARS, 2. KUM. GANVIKA.P D/O. PUNEETH M. Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:45476 RPFC No. 24 of 2025 AGED ABOUT 5 YEARS, MINOR, REPRESENTED BY HER NATURAL GUARDIAN AND NEXT FRIEND HIS MOTHER PETITIONER NO.1. BOTH ARE RESIDING AT GAVANAHALLI VILLAGE, CHIKKAMAGALURU TALUK-577 101 …RESPONDENTS (BY SRI. V.F.KUMBAR, ADVOCATE FOR R1 R2 IS MINOR- REPRESENTED BY R1) THIS RPFC FILED UNDER SEC.19(4) OF THE FAMILY COURTS ACT., AGAINST THE ORDER DATED 10.07.2024 PASSED IN Crl. Misc. NO.133/2023 ON THE FILE OF PRINCIPAL JUDGE, FAMILY COURT, CHIKKAMAGALURU, PARTLY ALLOWING THE PETITION FILED UNDER SEC.125 OF Cr.P.C., FOR MAINTENANCE. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI - 3 - HC-KAR NC: 2025:KHC:45476 RPFC No. 24 of 2025 ORAL ORDER Aggrieved by the orders passed in Crl.Misc.No.133/2023 dated 10.07.2024 by the Principal Judge, Family Court, Chikkamangaluru, whereby the Family Court had granted maintenance of an amount of Rs.6000/- to the wife and Rs.4000/- to the child, the husband is before this Court. 2. Both the parties are referred to as husband and wife for the sake convenience. 3. The Crl.Misc.No.133/2023 is filed seeking maintenance of an amount of Rs.15,000/- each to the wife and to the daughter. It is the case of the wife that the marriage was solemnized on 29.02.2019, and after the marriage, they lived happily and they are blessed with a girl child. Because of the dispute between the parties, wife gave a complaint to the police and from 19.07.2023, wife is residing in her parental house. 4. According to wife, husband is a businessman and he is earning more than Rs.1,00,000/- per month and he is having own house and site at Mysore but the husband has failed to - 4 - HC-KAR NC: 2025:KHC:45476 RPFC No. 24 of 2025 maintain the wife and daughter. They require an amount of Rs.15,000 per month/-. 5. The Family Court has issued notice to the husband. On service of the notice, the husband appeared before the Family Court, but did not file any objections, even after giving sufficient opportunity. Thereafter, the Family Court has passed the impugned order. While passing the impugned order, the Family Court has considered the judgment of the Hon’ble Apex Court in the case of Rajneesh Vs. Neha1 and observed that the Family Court had to do guess work in estimating the income and sources of income are not disclosed. In this case, both the parties appears to be belonging to the middle class. According to wife the husband is a businessman and no material is placed in this regard. In the absence of evidence, the family court has held that monthly income of the husband is Rs.25,000/- but taking into consideration the facts and circumstances Family Court had granted an amount of Rs.6,000/- and Rs.4,000/- as maintenance to the wife and daughter. 1 (2021) 2 SCC 324 - 5 - HC-KAR NC: 2025:KHC:45476 RPFC No. 24 of 2025 6. Learned counsel appearing for the husband submits that the husband is a coolie and in search of work he will be going from one place to another. According to the petitioner/husband, the wife has not filed statement of assets and liabilities and the Family Court has not followed the judgment of the Hon’ble Apex Court in the case of Rajneesh referred supra. As husband is not having sufficient income, it is not possible for the husband to pay the amount. When the wife submits that he is a business man and earning an amount of Rs.1,00,000/- per month, no material is placed before the Family Court. It is submitted that the amount of maintenance that is awarded by the Family Court, the petitioner/husband with his income he cannot pay the amount and the maintenance amount needs to be reduced. 7. Learned counsel appearing for the respondent/wife submits that when an opportunity is given to the husband he has not utilized the same and even before this Court also the husband has not placed any document to show what his income is. It is submitted that only for the purpose of avoiding payment of maintenance to the wife, the husband has filed this - 6 - HC-KAR NC: 2025:KHC:45476 RPFC No. 24 of 2025 present petition before this Court with these kinds of statements. It is submitted that it is the duty of the husband to take care of the wife and the daughter in which, the petitioner has failed to do. It is submitted that he cannot rely on the judgment of the Hon’ble Apex Court in Rajneesh case referred supra when he himself has failed to comply with the same. 8. Having heard the learned counsels on either side, perused the material on record. According to the wife, the husband is earning an amount of Rs.1,00,000/- per month and he is a business man. In her own petition wife has stated that husband is not doing any work and he continuously consumes alcohol, because of that the disputes have started between the parties. When the wife alleges that one lakh is the income, she has to place the material before the Court, but no such material is placed by the wife before the Court. According to the husband, he is a daily wage labourer. Considering all these aspects, balancing the interest of both the parties, this Court is passing the following: - 7 - HC-KAR NC: 2025:KHC:45476 RPFC No. 24 of 2025 ORDER i. The order passed in Crl.Misc.No.133/2023 dated 10.07.2024 by the Principal Judge, Family Court, Chikkamangaluru is modified. ii. The amount of maintenance that is granted to the wife is reduced from Rs.6,000/- to Rs.4,000/-. iii. The amount of maintenance that is awarded to the daughter is reduced from Rs.4,000 to Rs.2,000/- iv. Accordingly, the RPFC is disposed off. v. All pending I.As., in the petition shall stand closed. Sd/- ________________________ JUSTICE LALITHA KANNEGANTI TS List No.: 1 Sl No.: 1