- 1 - HC-KAR NC: 2025:KHC:33412 WP No. 34174 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 34174 OF 2024 (GM-FC) BETWEEN: SHRUTHI K. W/O D K NARAYAN AGED ABOUT 30 YEARS R/A NO 25, REAR PORTION OF 1ST FLOOR, 1ST E MAIN ROAD, GIRINAGAR 2ND PHASE, BENGALURU - 560085. …PETITIONER (BY SRI. UMA SHANKAR M N., ADVOCATE) AND: D. K. NARAYAN AGED ABOUT 37 YEARS S/O D.K KODANDARAM R/A NO 25, REAR PORTION OF 1ST FLOOR, 1ST E MAIN ROAD, GIRINAGAR 2ND PHASE, BENGALURU - 560085. AND ALSO R/A NO 33, 1ST FLOOR, 5TH MAIN ROAD, R.K LAYOUT, PADMANABHANAGAR, BENGALURU-560070. …RESPONDENT (BY SRI. RAJAGOPALA NAIDU., ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:33412 WP No. 34174 of 2024 DATED 21/03/2024 IN M.C NO 2649/2021 AT ANNEXURE-A PASSED BY THE IV ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT PARTLY ALLOWING THE APPLICATION FILED UNDER SECTION 24 OF THE HINDU MARRIAGE ACT GRANTING MAINTENANCE OF 20,000/- PER MONTH AND GRANT AN ENHANCEMENT OF THE INTERIM MAINTENANCE FROM RS. 20,000/- TO RS. 1,00,000/-. THIS PETITION, COMING ON FOR PRELIMINARY HEARING - 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 IA No.IV in MC No.2649/2021 dated 21.03.2024 on the file of IV Addl. Prl. Judge, Family Court, Bangalore, the petitioner/wife is before this Court seeking enhancement of maintenance. 2. The parties are referred to as husband and wife for the sake of convenience. 3. The wife had filed this petition seeking maintenance under Section 24 of Hindu Marriage Act, 1955 seeking interim maintenance of Rs.1,00,000/- to herself and her minor daughter aged about 6 years. 4. It is the case of the wife that her father-in-law is having several properties and they are deriving lot of income - 3 - HC-KAR NC: 2025:KHC:33412 WP No. 34174 of 2024 and her husband is the owner of commercial sites and agricultural lands in various districts and running school under the name and style of Vinayaka Vidya Institution in Srinivasanagar, Bangalore. From his business, he is getting more than an amount of Rs.3,00,000/- per month and she sought for maintenance of an amount of Rs.1,00,000/- per month. 5. It is the case of husband that his income is Rs.43,000/- per month. The Court by order impugned had granted an amount of Rs.20,000/- per month as maintenance. In the said order, the Court had observed that the wife is getting rental income to an amount of Rs.25,000/- from her parents side joint family property and the Court considering the salary of the husband who is a Government employee, had granted an amount of Rs.20,000/- per month as maintenance. 6. According to learned counsel for the petitioner/wife, the husband is having several properties and the Court had failed to consider all these aspects and she is entitled for maintenance as claimed by her. Further, learned counsel for the petitioner submits that in the earlier order passed by the - 4 - HC-KAR NC: 2025:KHC:33412 WP No. 34174 of 2024 Co-ordinate Bench of this Court in WP No.15268/2024, the Court has observed that the annual income of the husband is Rs.8,00,000/- basing on declaration filed before the school. In view of the same, the annual income of the husband has to be considered as an amount of Rs.8,00,000/- but not an amount of Rs.43,000/- per month as stated by him. 7. Learned counsel for the respondent submits that the salary of the husband is an amount of Rs.43,000/- per month and the Court had already granted an amount of Rs.20,000/- as maintenance to the wife and there is no need to enhance the same. 8. Having heard the learned counsel on either side and perused the material on record. 9. While deciding the maintenance as per the judgment of the Hon'ble Apex Court in the case of Rajnesh vs. Neha and Anr1, both parties have to file their respective statement of assets and liabilities. Basing on the same, the Court has to consider and pass orders as per the evidence. 1 (2021) 2 scc 324 - 5 - HC-KAR NC: 2025:KHC:33412 WP No. 34174 of 2024 The salary of the husband is Rs.43,000/- per month. The Court had already granted an amount of Rs.20,000/- as maintenance by considering the fact that the husband is getting monthly salary of an amount of Rs.43,000/- and also the wife is getting the rental income of an amount Rs.25,000/- from her parents side joint family property. This Court is of the opinion that there are no grounds to enhance the maintenance. 10. Accordingly, this Court is passing the following: ORDER i. The writ petition is dismissed. ii. All IA.s' in this petition stands closed. SD/- (LALITHA KANNEGANTI) JUDGE SSD List No.: 1 Sl No.: 21