- 1 - HC-KAR NC: 2025:KHC:31283 WP No. 23167 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 23167 OF 2024 (GM-FC) BETWEEN: BHANAVI CHOULGERE AGED 8 YEARS, D/O SUHAS SURESH CHOULGERE PRESENTLY RESIDING AT E1-203, LANDMARK DREMAZ APARTMENTS SINGAPURA LAYOUT, ABBIGERE JALAHALLI EAST BANGALORE-560 097 THE PETITIONER IS A MINOR REPRESENTED BY HER BIOLOGICAL MOTHER AND NATURAL GUARDIAN APARNA IYER AGED 40 YEARS D/O ASHOK SWAMINATHAN PRESENTLY RESIDING AT E1-203 LANDMARK DREMAZ APARTEMNTS SINGAPURA LAYOUT, ABBIGERE JALAHALLI EAST BANGALORE-560 097 …PETITIONER (BY MS.TIMANDRA ANTHEA DOHERTY, ADVOCATE FOR SRI. AZHAR MEER, ADVOCATE) AND: SUHAS SURESH CHOULGERE AGED ABOUT 42 YEARS, S/O CHOULGERE RAMABHADRA SURESH PRESENTLY RESIDING AT NO.11, NATIONAL HIGH SCHOOL ROAD, V V PURAM Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:31283 WP No. 23167 of 2024 BENGALURU-560 004 …RESPONDENT (RESPONDENT SERVED THROUGH HAND SUMMONS) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SETTING ASIDE THE INTERIM ORDER PRODUCED AT ANNEXURE-A DATED: 15.06.2024 IN CRL MISC NO. 36/2019 ON THE FILE OF THE HONBLE III ADDL PRINCIPAL FAMILY JUDGE FAMILY COURT AT BANGALORE THIS PETITION, COMING ON FOR ORDERS, 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.3 in Crl.Misc.No.36/2019 dated 15.06.2024 by the III Additional Principal Judge, Family Court, Bengaluru, whereby the Family Court had directed the respondent/father to pay an amount of Rs.40,000/- per month for the maintenance of the minor child, the petitioner is before this Court seeking enhancement of the maintenance. The petitioner is a minor and is represented by the mother. 2. I.A.No.3 is filed by the minor petitioner through the natural guardian/mother under Section 125(1) of Cr.P.C. - 3 - HC-KAR NC: 2025:KHC:31283 WP No. 23167 of 2024 seeking direction to the father to pay an amount of Rs.2 lakhs per month as her maintenance during the pendency of the proceedings. It is stated that the daughter was aged about 2 years as on the date of filing of the application and she is aged about 9 years now and she is in need of an amount of Rs.2,00,000/- per month for her maintenance. The child was diagnosed with skin related health issues when she was aged about 2 months and she was also diagnosed with autism and the child has to undergo several therapies. 3. As per the affidavit of assets and liabilities filed by the mother, her income is an amount of Rs.2.99 lakhs per month. It is stated that she is spending an amount of Rs.21,000/- towards physiotherapy, an amount of Rs.16,000/- towards speech therapy, an amount of Rs.14,400/- towards food therapy, an amount of Rs.8,400/- towards Ayurvedic treatment, an amount of Rs.12,800/- towards therapy transport, an amount of Rs.500/- to music class and an amount of Rs.22,000/- towards assistant teacher which altogether comes to an amount of Rs.95,100/- per month. Towards the educational expenses, she is spending an amount of Rs.2,80,500/- per year. She requires a help at home as she is - 4 - HC-KAR NC: 2025:KHC:31283 WP No. 23167 of 2024 working and towards nanny and house help, she is spending an amount of Rs.13,000/- per month. 4. The respondent/father had filed his affidavit of assets and liabilities before the Family Court. In that, he has stated that his expenses are an amount of Rs.7,64,800/- per month and an amount of Rs.16,85,436/- per year. He has shown that he is spending an amount of Rs.13,200/- per annum towards the mobile phone for his mother and an amount of Rs.12,750/- towards the mobile phone for his father, an amount of Rs.11,000/- per month towards physiotherapy for his father, an amount of Rs.25,000/- towards part time care taker for the father, an amount of Rs.21,000/- towards physiotherapy for the mother and an amount of Rs.24,000/- towards full time care taker for the mother, an amount of Rs.9,600/- per month towards parents trips to religious places, an amount of Rs.4,500/- per month towards parents meeting family in Mysore/attending social events, an amount of Rs.7,500/- per month towards restaurants at work/home food delivery. As per the affidavit of statement of assets and liabilities, he is working - 5 - HC-KAR NC: 2025:KHC:31283 WP No. 23167 of 2024 as a Director - Product Management and his monthly income is an amount of Rs.4.87 lakhs. 5. The Family Court by way of order impugned had granted an amount of Rs.40,000/- per month towards the maintenance of the child. While granting the maintenance, the Family Court had observed that considering the age of the child, present cost of living, medical and other expenses, guesswork has to be made to determine the quantum of maintenance to be given by the father for the maintenance of the child. Since both the parents of the minor child are employed and having handsome salary, both of them shall support the child, even if there is little more or less in the financial assistance of the other. Admittedly, the child is under the care and custody of the mother. Excluding the school timings, the child needs to be under the constant supervision of an attendant to take care of the child as long as the child stays at home. Since the mother of the child is also employed, she is bound to avail the service of an attendant for not less than 8 to 10 hours in a day. The attendant must be skilled and capable of handling the child having health issues and to attend the needs - 6 - HC-KAR NC: 2025:KHC:31283 WP No. 23167 of 2024 of the child keeping in medical instructions, if any, in handling the child. Considering all the purposes for which the mother of the child is incurring expenses for the maintenance of the child with the present cost of living, conveyance charges, medical expenses skilled wages for an attendant along with the financial ability of the respondent, the Family Court had directed the respondent to pay an amount of Rs.40,000/- per month for the maintenance of the child. 6. Learned counsel for the petitioner submits that when the respondent is earning nearly an amount of Rs.5 lakhs per month and the salary of the mother is half of it, the Family Court had failed to consider that basing on their income, there should be a proportionate contribution to the child. It is submitted that the statement of assets and liabilities that are filed before the Family Court do not disclose and confirm to the law laid down by the Apex Court in case of Rajnesh Vs. Neha1. As such, in this case, I.A.No.1/2024 was filed seeking direction to the respondent to file his affidavit of assets and 1 (2021) 2 SCC 324 - 7 - HC-KAR NC: 2025:KHC:31283 WP No. 23167 of 2024 liabilities as per the guidelines laid by the Hon'ble Supreme Court in Rajnesh's case. 7. This Court on 01.02.2025 had permitted the counsel for the petitioner to take out notice on the respondent by all modes of communication, alternatively, to the counsel representing the respondent in the proceedings before the Family Court. Then on 30.06.2025, another order is passed directing the petitioner to file a memo with regard to the service of hand summons to the counsel appearing for the respondent before the Family Court, clearly mentioning the name of the counsel. A memo is filed reporting service of notice on the respondent and counsel representing the respondent before the trial Court stating that on 14.07.2025, the counsel for the petitioner served a copy of the petition and its annexures upon the counsel Sri.S.A.H.Razvi, appearing for the respondent before the trial Court. In spite of service of hand summons, no vakalath is filed on behalf of the respondent. Hence, this Court is proceeding with the matter. 8. Having heard the learned counsel for the petitioner, perused the entire material on record. The therapy and the - 8 - HC-KAR NC: 2025:KHC:31283 WP No. 23167 of 2024 medical expenses comes to an amount of Rs.1,03,100/- per month and an amount of Rs.4,00,000/- per year. The mother has given the figures, showing that general monthly expenses will come to almost Rs.2 lakhs towards the child. This Court has perused the expenditure as stated by the mother and it appears that some of the amounts that are stated are exorbitant and this Court cannot take the expenses on its base value. There is huge difference between the income of the father and the income of the mother. The father is earning almost double of what the mother is earning. Considering the social status and the income of the parents, this Court is of the opinion that an amount of Rs.1,00,000/- per month would be an appropriate amount towards the maintenance of the child. Hence, this Court is passing the following order: ORDER i. The order passed in I.A.No.3 in Crl.Misc.No.36/2019 dated 15.06.2024 by the III Additional Principal Judge, Family Court, Bengaluru, is modified and the maintenance is enhanced from an amount of Rs.40,000/- to Rs.1,00,000/- per month. - 9 - HC-KAR NC: 2025:KHC:31283 WP No. 23167 of 2024 ii. The respondent/father is directed to pay maintenance of an amount of Rs.1,00,000/- per month to the minor child. iii. Accordingly, the writ petition is disposed of. iv. All I.As. in this petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE MEG List No.: 2 Sl No.: 8