- 1 - HC-KAR NC: 2025:KHC:39386 WP No. 8433 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 8433 OF 2025 (GM-FC) BETWEEN: SRI LOKESH S/O H. HONEHAYA, AGED ABOUT 47 YEARS, R/AT. GOLLEHALLI, GODEMARANAHALLI POST, SOLUR HOBLI, MAGADI TALUK. …PETITIONER (BY SRI. ANDANAPPA GURAPPA BALLOLLI, ADVOCATE) AND: 1. SRI Y.S HEMALATHA W/O LOKESH AGED ABOUT 40 YEARS, R/A: SHIVA NETHRA NELAYA, OPPOSITE TO SIDDHIVINAYAKA TEMPLE, BANDE PALYA, KYATHSANDRA, TUMAKUR DISTRICT. Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:39386 WP No. 8433 of 2025 2. KUMARI L. RISHA D/O LOKESH AGED ABOUT 17 YEARS, R/A: SHIVA NETHRA NELAYA, OPPOSITE TO SIDDHIVINAYAKA TEMPLE, BANDE PALYA, KYATHSANDRA, TUMAKUR DISTRICT. …RESPONDENTS (BY SRI. R.B. SADASIVAPPA, ADVOCATE FOR R1 AND R2) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA R/W SEC 428 OF CR.P.C. PRAYING TO QUASH THE INTERIM MAINTENANCE ORDER TO PETITIONER VIDE IN CRL.MISC.NO.220/2023 ON 22.06.2024 PASSED BY THE HONBLE IST ADDL PRL JUDGE FAMILY COURT, TUMAKURU WHICH IS ANNEXURE-A. 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 - 3 - HC-KAR NC: 2025:KHC:39386 WP No. 8433 of 2025 ORAL ORDER Aggrieved by the order passed in I.A.No.II in Crl.Misc.No.220/2023 dated 22.06.2024 by the I Additional Principal Judge, Family Court, Tumakuru, whereby the Family Court had granted interim maintenance of an amount of Rs.6,000/- per month to the wife and an amount of Rs.12,000/- per month to the daughter, the petitioner/husband is before this Court. 2. The parties are referred to as husband and wife for the sake of convenience. 3. The wife had filed I.A.No.II under Section 125(3) of CPC seeking interim maintenance of an amount of Rs.20,000/- per month. It is the case of the wife that the husband is a Government employee having gross income of Rs.65,640/- per month and net salary of Rs.46,432/- and there is no hurdle for grant of interim maintenance. 4. The husband had filed objection to the main petition and admitted the relationship between him and the wife and admitted that his daughter is studying in 2nd PUC. It is stated - 4 - HC-KAR NC: 2025:KHC:39386 WP No. 8433 of 2025 that he has raised loan of Rs.2,00,000/- towards house hold requirements and out of his salary, an amount of Rs.4,270/- per month is deducted. Further, he has raised loan of Rs.1,00,000/- for the medical expenses of his parents and an amount of Rs.5,893/- per month is deducted. Further, he is paying an amount of Rs.6,000/- to his parents towards medicine. He requires an amount of Rs.10,000/- for his personal expenses and only an amount of Rs.20,269/- is his take home salary. 5. The Family Court by order impugned had granted maintenance of an amount of Rs.6,000/- per month to the wife and an amount of Rs.12,000/- per month to the daughter. While granting the maintenance, the Family Court had observed that the wife in her declaration of income has stated that she is a private teacher and earning an amount of Rs.12,000/- per month and according to the husband, she is earning an amount of Rs.23,000/- and by coaching 115 students, she is earning an amount of Rs.9,20,000/- per year. However, there is no document to substantiate the same. The Family Court had held that even if the wife is having monthly income of an amount of - 5 - HC-KAR NC: 2025:KHC:39386 WP No. 8433 of 2025 Rs.12,000/-, it may not be sufficient to lead decent life by taking care of herself and her daughter. 6. Learned counsel appearing for the petitioner/husband submits he is ready to take care of the educational expenses of the daughter. It is submitted that the wife is earning and she is not entitled for maintenance and the amount that is awarded by the Family Court is on the higher side. 7. Learned counsel appearing for the respondent/wife submits that the educational expenses of the daughter is very high and the wife has to take care of all these things and the Family Court had rightly granted the maintenance and there are no grounds to interfere with the well considered order passed by the Family Court. 8. Having heard the learned counsels on either side, perused the entire material on record. Admittedly, the wife is earning an amount of Rs.12,000/- per month. The husband is having gross income of Rs.65,640/- per month and net salary of Rs.46,432/- and he has also stated about the expenses and the loans he has taken. In the considered opinion of this Court, the wife is already earning and she is not entitled for - 6 - HC-KAR NC: 2025:KHC:39386 WP No. 8433 of 2025 maintenance for herself. As far as the daughter is concerned, the Family Court had rightly granted an amount of Rs.12,000/- per month and this Court finds no reasons to interfere. Hence, this Court is passing the following order: ORDER i. The order passed in I.A.No.II in Crl.Misc.No.220/2023 dated 22.06.2024 by the I Additional Principal Judge, Family Court, Tumakuru, is modified. ii. As far as maintenance of an amount of Rs.6,000/- per month granted to the wife is concerned, the order is set aside and as far as the maintenance of an amount of Rs.12,000/- per month granted to the daughter, the order is upheld. 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.: 15