- 1 - HC-KAR NC: 2025:KHC:28191 WP No. 12976 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. 12976 OF 2022 (GM-FC) BETWEEN: MR. MOHAMMED KHALEED, S/O. MUNAVAR SAHEB, AGED ABOUT 27 YEARS, RESIDING AT NO.203, 4TH MAIN, DASAPPAGALLI, RAMCHANDRAPURAM, BANGALORE-560 021. …PETITIONER (BY SRI. RANGASWAMY M.T., ADVOCATE) AND: MRS. BIBI HAJEERA W/O. MOHAMMED KHALEED, AGED ABOUT 21 YEARS, D/O. SYED NISAR, PRESENTLY R/AT NO.205, 2ND MAIN ROAD, RAMCHANDRAPURAM, BANGALORE-560 021. …RESPONDENT (BY SRI. SHIVAKUMARAPPA T.C., ADVOCATE) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE IMPUGNED ORDER DTD.26.4.2022 AND CALL FOR THE RECORDS OF CRL MISC NO.442/2020 ON THE FILE OF THE VITH ADDITIONAL PRL. JUDGE FAMILY COURT AT BANGALORE VIDE ANNEXUE-A DIRECTION TO MODIFY THE IMPUGNED ORDER ANNEXURE-A DTD.26.4.2022 PASSED BY THE HONBLE VITH ADDITIONAL PRL. JUDGE FAMILY COURT AT BANGALORE BY ALLOWING THE W.P. AND ETC. Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:28191 WP No. 12976 of 2022 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.2 in Crl.Misc.No.442/2020 dated 26.04.2022 by the VI Addl. Principal Judge, Family Court, Bengaluru, the husband is before this Court. 2. The parties are referred to as husband and wife for the sake of convenience. 3. It is the case that the wife had filed a petition seeking maintenance of an amount of Rs.25,000/- per month, litigation and transportation expenses of an amount of Rs.50,000/- and Rs.1,50,000/- towards security deposit to get a premises on lease. 4. The Family Court by order impugned had granted interim maintenance of an amount of Rs.25,000/- per month. While granting the same, the Family Court had considered the fact that the salary of the husband is Rs.28,920/- and according to him, the wife is earning which he could not prove - 3 - HC-KAR NC: 2025:KHC:28191 WP No. 12976 of 2022 by adducing cogent evidence. The Family Court had observed that having regard to the status of the parties, income, earning capacity of the husband and basic and reasonable requirements of the wife, keeping in mind the present day cost of living, the Family Court had granted maintenance of an amount of Rs.25,000/- per month and Rs.10,000/- towards one time litigation and transportation expenses. 5. Learned counsel appearing to the petitioner/ husband submits that the Family Court had considered and recorded the fact that the income of the husband is Rs.28,920/- and without any basis, the Family Court had granted maintenance of an amount of Rs.25,000/- per month and if the amount of Rs.25,000/- per month is paid, the petitioner/ husband would not be in a position to take care of himself and also his parents, who are dependent on him. 6. Learned counsel appearing for the respondent/wife submits that the Family Court considering the qualification and also the requirement of the wife, had granted maintenance of an amount of Rs.25,000/- and no interference is called for with the well considered order passed by the Family Court. - 4 - HC-KAR NC: 2025:KHC:28191 WP No. 12976 of 2022 7. Having heard the learned counsels on either side, perused the material on record. When an application for maintenance is filed before the Court, the Court has to take into consideration certain parameters i.e., the capacity of the parties and the requirements. In this case, when the Family Court had recorded the fact that the income of the husband is Rs.28,920/- per month and without any basis the Family Court had granted maintenance of an amount of Rs.25,000/- per month. If that much amount is granted to the wife, it will be difficult for the husband to lead his life. The Family Court always has to balance the interest of both the parties. In that view of the matter, this Court finds that the maintenance amount of Rs.25,000/- granted by the Family Court is on the higher side and needs to be interfered with. Hence, this Court deems it appropriate to pass the following: ORDER i. The order impugned passed in I.A.No.2 in Crl.Misc.No.442/2020 dated 26.04.2022 by the VI Addl. Principal Judge, Family Court, Bengaluru is modified by reducing the maintenance from an - 5 - HC-KAR NC: 2025:KHC:28191 WP No. 12976 of 2022 amount of Rs.25,000/- to Rs.10,000/- 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.: 1 Sl No.: 206