- 1 - HC-KAR NC: 2025:KHC:30661 RPFC No. 172 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI REV.PET FAMILY COURT NO. 172 OF 2018 BETWEEN: SRI K.GIRISH S/O SRI K.N.KRISHNASWAMY, AGED ABOUT 37 YEARS, R/O NO.491/A1, 4TH MAIN, 18TH CROSS, VIDYARANYAPURAM, MYSORE-570 025 …PETITIONER (BY SRI. BASAVANNA K.M., ADVOCATE) AND: 1. SMT K.MAMATHA W/O SRI K.GIRISH, AGED ABOUT 31 YEARS, 2. MASTER ADITHYA GIRISH S/O SRI K GIRISH, AGED ABOUT 9 YEARS, BOTH ARE R/AT AMBALAKUKNNDU HOUSE, THIRUVANNUR, NOOLPUZHA POST, SULTHAN BATHERY TALUK, WAYNAD DISTRICT, KERALA STATE. SINCE RESPONDENT 2 IS MINOR, REPRESENTED BY HER MOTHER, SMT.MAMATHA, …RESPONDENTS (BY SMT.URMILA PULLAT, ADVOCATE) Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:30661 RPFC No. 172 of 2018 THIS RPFC IS FILED UNDER SEC.19[4] OF THE FAMILY COURT ACT AGAINST THE JDUGMENT DATED 27.10.2018 PASSED IN C.MISC.NO.188/2017 ON THE FILE OF THE I ADDL.PRL.JUDGE, FAMILY COURT, MYSURU PARTLY ALLOWING THE PEITION FILED UNDER SEC.125 OF CR.P.C. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER Aggrieved by the order passed in Crl.Misc.No.188/2017 dated 27.10.2018 by the I Addl. Principal Judge, Family Court, Mysuru whereby the Family Court had granted maintenance of an amount of Rs.8,000/- per month each to the child and the wife and Rs.50,000/- as educational expenses, the husband is before this Court. 2. The parties are referred to as husband and wife for the sake of convenience. 3. Learned counsel appearing for the petitioner/ husband submits that during the pendency of the petition he had sustained spinal cord injury. Now he is not in a position to work and he requires help. It is submitted that the husband’s - 3 - HC-KAR NC: 2025:KHC:30661 RPFC No. 172 of 2018 income is Rs.30,000/- per month, the Family Court had failed to consider the financial status of the husband and had granted maintenance of an amount of Rs.16,000/- and Rs.50,000/- towards the educational expenses and the same needs to be modified. 4. Learned counsel appearing for the respondents submits that husband has not stated the correct facts before the Court and all the documents that were filed before this Court are pertaining to the year 2023. The latest documents are not placed. It is submitted that as the child is growing, his requirements are also more. In fact with the maintenance amount that is granted by the Family Court, it is difficult to take care of the child. Hence, the maintenance amount may not be reduced and the order passed by the Family Court is a well considered one, no interference is called for. 5. Having heard the learned counsels on either side, perused the material on record. It is the contention of the wife that the income of the husband is Rs.80,000/- per month. It is the contention of the husband that his income is Rs.30,000/- per month. The Family Court had granted maintenance of an - 4 - HC-KAR NC: 2025:KHC:30661 RPFC No. 172 of 2018 amount of Rs.8,000/- per month each to the wife and the child and Rs.50,000/- towards the educational expenses. If the educational expenses per month and maintenance of an amount of Rs.16,000/- per month is taken, the Family Court had granted almost Rs.20,000/- per month as maintenance and out of the income of Rs.30,000/- per month, that percentage of the income cannot be granted as maintenance. As far as the wife's contention that the husband is earning an amount of Rs.80,000/- per month is concerned, there is no material on record. In the considered opinion of this Court, the order needs to be modified. Accordingly, this Court is passing the following: ORDER i. The impugned order passed in Crl.Misc. No.188/2017 dated 27.10.2018 by the I Addl. Principal Judge, Family Court, Mysuru is modified by reducing the maintenance amount from Rs.8,000/- to Rs.5,000/- per month each. ii. As far as the educational expenses are concerned, this Court is not inclined to interfere. - 5 - HC-KAR NC: 2025:KHC:30661 RPFC No. 172 of 2018 iii. Accordingly, the RPFC is partly allowed. iv. All I.As., in the RPFC shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE BN List No.: 2 Sl No.: 16