- 1 - HC-KAR NC: 2025:KHC:32318 RPFC No. 4 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI REV.PET FAMILY COURT NO. 4 OF 2024 BETWEEN: KRISHNA N., S/O NARASAN, AGED ABOUT 58 YEARS, R/O NO 18/257, M.T.NAGAR, NEAR THANGAMANI FACTORY MYSORE ROAD, GUDALOOR POST, NEELAGIRI DISTRICT THAMILNADU - 643 211 …PETITIONER (BY SRI. GIRISH B BALADARE, ADVOCATE) AND: NIRMALA W/O KRISHNA N., AGED ABOUT 43 YEARS, R/O GANDHI NAGARA, CHIKKAMAGALURU CITY - 577101 AND ALSO R/AT KAIMARA VILLAGE AND POST, CHIKKAMAGALURU TALUK AND DISTRICT - 577 101 …RESPONDENT (BY MS.AISHWARYA HEGDE, ADVOCATE FOR SRI. SAGAR V SHASTRI, ADVOCATE) THIS RPFC FILED UNDER SECTION 19(4) OF FAMILY COURTS ACT, AGAINST THE ORDER DATED 12.07.2022 PASSED IN CRL.MISC.NO.70/2021 ON THE FILE OF THE PRINCIPAL JUDGE, FAMILY COURT, CHIKKAMGALURU, PARTLY ALLOWING THE PETITION FILED UNDER SECTION 125 OF Cr.P.C. FOR MAINTENANCE. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:32318 RPFC No. 4 of 2024 CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER Aggrieved by the order passed in Crl.Misc.No.70/2021 dated 12.07.2022 by the Principal Judge, Family Court, Chikkamagaluru whereby the trial Court had granted maintenance of an amount of Rs.15,000/- per month to the wife and also it is clarified that in addition to that husband shall pay maintenance amount of Rs.2,000/- to the wife in Crl.Misc.No.41/2018. The husband is before this Court. 2. Learned counsel appearing for the petitioner/husband submits that he was drawing salary of Rs.35,000/- and the trial Court had granted an amount of Rs.15,000/- and already in another criminal miscellaneous petition Rs.2,000/- is granted. More than half of his salary is granted towards maintenance. It is submitted that he has retired. The order is passed on 12.07.2022 and he retired on 01.06.2023. Now, the pension is Rs.26,650/- after deductions he is getting an amount of Rs.17,000/- as pension. It is submitted that the trial Court had failed to consider the income. Particularly, now in the - 3 - HC-KAR NC: 2025:KHC:32318 RPFC No. 4 of 2024 circumstances when he has retired, the amount of maintenance that is granted by the trial Court needs to be modified. 3. Learned counsel appearing for the respondent/wife submits that there are arrears of 3 months and the same is not paid. It is submitted that the trial Court considering the income of the husband had rightly granted maintenance and there are no reasons interfere. 4. Having heard the learned counsels on either side, perused papers. The undisputed facts are that the salary of the petitioner is Rs.35,000/-. Petitioner/husband retired on 01.06.2023. Now he is getting the pension of Rs.17,000/-. The Family Court has already granted an amount of Rs.2,000/- in criminal miscellaneous. The Family Court had granted 50% of the salary as maintenance. The Family Court ought to have considered the requirement of the husband and ought not to have granted half of the salary as maintenance. Petitioner/husband retired on 01.06.2023 and he is receiving the pension of Rs.17,000/-. This Court deems it appropriate to grant the maintenance of Rs.4,500/- per month from the date - 4 - HC-KAR NC: 2025:KHC:32318 RPFC No. 4 of 2024 of retirement and prior to that Rs.9,000/-. In that view of the matter, this Court is passing the following: ORDER i. The order passed in Crl.Misc.No.70/2021 dated 12.07.2022 by the Principal Judge, Family Court, Chikkamagaluru is modified. ii. Petitioner/husband shall pay an amount of Rs.9,000/- as maintenance till 01.06.2023 and Rs.4,500/- as maintenance from 01.06.2023. iii. Arrears of maintenance shall also be calculated in the same manner and the same shall be payable by the petitioner/husband. iv. Accordingly, the writ petition is disposed of. v. All I.As. pending in this writ petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE RJ List No.: 1 Sl No.: 34