- 1 - HC-KAR NC: 2025:KHC:34531 WP No. 10590 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 10590 OF 2023 (GM-FC) BETWEEN: SMT. DIVYA S W/O RAGHAVENDRA U D/O LATE SOMASHEKAR AGED ABOUT 37 YEARS RESIDING AT NO.15/2 3RD MAIN, TATA SILK FARM BASAVANAGUDI, BANGALORE - 04. …PETITIONER (BY SRI AKKI MANJUNATHA GOWDA, ADV.) AND: SRI RAGHAVENDRA U S/O N. UMAPATHI AGED ABOUT 42 YEARS RESIDING AT NO.8, 5TH MAIN WEAVERS COLONY, GANGANAGARA BANGALORE - 560 032. …RESPONDENT (BY SMT. PRIYA A, ADV.) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DTD 23.03.2023, VIDE ANNX-G, IN ITS ENTIRETY PASSED BY THE 2ND ADDL. PRL. JUDGE, FAMILY COURT AT BANGALORE ON THE FILE M.C.LNO.4372/2019 C/W M.C.NO.2978/2020 AWARDING INTERIM MAINTENANCE OF RS.5,000/- P.M FROM THE DATE OF APPLICATION TO THE PETITIONER. 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 Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:34531 WP No. 10590 of 2023 ORAL ORDER Aggrieved by the order passed in I.A.No.3 in M.C.No.4372/2019 C/w M.C.No.2978/2020 dated 23.03.2023 by the II Addl. Principal Judge, Family Court, Bengaluru, whereby the Family Court had granted interim maintenance of an amount of Rs.5,000/- per month, the 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. It is the case that the husband had filed M.C.No.4372/2019 seeking divorce. The wife had filed M.C.No.2978/2020 seeking restitution of conjugal rights. In that, she had filed I.A.No.3 seeking maintenance of an amount of Rs.50,000/- per month. 4. The Family Court by order impugned had granted interim maintenance of an amount of Rs.5,000/- per month. The Family Court had observed that according to the husband, he is earning an amount of Rs.1,46,736/-. He is an income tax assessee, he is staying along with his father, mother and son. He is spending an amount of Rs.50,000/- towards the litigation - 3 - HC-KAR NC: 2025:KHC:34531 WP No. 10590 of 2023 expenses. The Family Court had further observed that the wife is working as a teacher and getting an amount of Rs.11,000/- per month and she is having one vacant site at kollegala and the husband is spending an amount of Rs.3,00,000/- towards the educational expenses of the son, who is residing with him and Rs.10,000/- to Rs.12,000/- towards monthly expenses. The husband has also stated about what are all the income and expenditure i.e., monthly rent is Rs.20,000/-, general food items and personal care and clothing he needs Rs.20,000/-, for water bill Rs.500/-, electricity charges Rs.10,000/-, for gas Rs.900/-, telephone mobile bills Rs.1,208/-, TV, cable and internet services Rs.2,000, maintenance, replace and repair of household items appliances and kitchen ware Rs.1,000/- once again he had stated about telephone bill at Rs.1,167/-, for domestic helpers Rs.3,000, for his parents Rs.5,000/-, towards fuel he need Rs.15,000/-, for repair and maintenance of vehicle he is spending Rs.1,00,000/- per annum, for insurance he is paying Rs.17,462/-, for loan repayment he is paying Rs.27,545/- and for other expenses he is spending per month totally Rs.95,330/-. For holiday and vacations he is spending Rs.50,000/-, for gifts he is spending Rs.50,000/- and he is - 4 - HC-KAR NC: 2025:KHC:34531 WP No. 10590 of 2023 paying credit card expenses at Rs.50,000/-. Hire purchase and leas he is spending Rs.54,551/-. He is having car loan of Rs.11,20,500/-. He is having personal loan of Rs.12,50,724/-. He is paying for religious contribution at Rs.25,000/- and pocket money allowances at Rs.5,000/- and his total expenditure is Rs.1,40,000/- per month. He is having two cars named Skoda Laura and Maruthi Ertiga. The Family Court had considered all these aspects and also the fact that the wife is having an income of an amount of Rs.11,000/- per month, the Family Court had granted maintenance of an amount of Rs.5,000/- per month. 5. Learned counsel appearing for the petitioner/wife submits that when the husband is earning an amount of Rs.1,46,736/-, the Family Court had granted a meager amount of Rs.5,000/- per month. Even assuming that the wife is having income of an amount of Rs.11,000/- per month and the maintenance of an amount of Rs.5,000/- granted by the Family Court is not a reasonable maintenance viewed from any angle. He submits that the Family Court had failed to grant reasonable amount and the same needs to be enhanced. - 5 - HC-KAR NC: 2025:KHC:34531 WP No. 10590 of 2023 6. Learned counsel appearing for the respondent/ husband submits that the wife’s mother is having two valuable properties. Recently, she died and that is inherited by the wife and her sister and even whatever the rent from the property is earned by the petitioner/wife and all these aspects were not submitted by the wife before the Court and as she has come before the Family Court with suppression and misrepresentation of facts, she is not entitled for any relief from this Court. It is further submitted that the Family Court considering the income of the wife and the fact that the son is staying with the husband, had rightly granted maintenance of an amount of Rs.5,000/- per month and there are no grounds to interfere with the same. 7. Having heard the learned counsels on either side, perused the material on record. Undisputedly, the husband's income is Rs.1,46,736/- and the wife is earning an amount of Rs.11,000/- per month. As far as the properties that are possessed by the wife are concerned, at this stage, this Court cannot go into that aspect. During the course of the trial, if the Family Court comes to the conclusion that there is suppression of material facts, the Court will take appropriate action and the - 6 - HC-KAR NC: 2025:KHC:34531 WP No. 10590 of 2023 consequences will follow. At this stage, this Court cannot go into the said aspect and this Court is concerned with the income of the husband and the wife, further, what is the appropriate amount that can be granted towards maintenance. In this case, admittedly, the son is residing with the father and the father is taking care of the educational expenses of the son. Though he is earning an amount Rs.1,46,736/- per month, he has shown that he is spending an amount of Rs.3,00,000/- towards the educational expenses of the son. In these circumstances, this Court deems it appropriate to pass the following: ORDER i. The order impugned passed in I.A.No.3 in M.C.No.4372/2019 C/w M.C.No.2978/2020 dated 23.03.2023 by the II Addl. Principal Judge, Family Court, Bengaluru is modified and the interim maintenance granted by the Family Court is enhanced from an amount of Rs.5,000/- to Rs.15,000/- per month. - 7 - HC-KAR NC: 2025:KHC:34531 WP No. 10590 of 2023 ii. The M.C’s are of the years 2019 and 2020, the Family Court shall dispose of the matters by 15.12.2025. iii. Accordingly, the writ petition is disposed of. iv. All I.As., in the writ petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE BN List No.: 2 Sl No.: 14