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2025 DAILYLAW 76047 (KAR)

SRI RAJESH K R v. SMT SOUJANYA K P

WP/7944/2024 · 2025-08-28

Lalitha Kanneganti

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:33409 WP No. 7944 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. 7944 OF 2024 (GM-FC) BETWEEN: SRI RAJESH K R S/O LATE RAMASHETTY, AGED ABOUT 30 YEARS, RESIDENT OF KWODLE VILLAGE, KOPPA HOBLI, MADUR TALUK, MANDYA DISTRICT, PRESENTLY RESIDING AT NO 779, 3RD CROSS, MUNESHWARA LAYOUT, LAGGERE, BENGALURU 560058 …PETITIONER (BY SRI. BAGOJI VIJAYAKUMAR GURAPPA., ADVOCATE) AND: SMT SOUJANYA K P D/O PRAKASH K V, W/O RAJESH K R, AGED ABOUT 25 YEARS, RESIDING AT KERAGODU VILLAGE, KERAGODU HOBLI, MADDUR TALUK-571446. …RESPONDENT (BY SRI. RAJA L., ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH/STRIKING DOWN THE ORDER DTD 20.01.2024 PASSED ON INTERLOCUTORY APPLICATION BEING IA NO.1 FILED BY THE RESPONDENT HEREIN/PETITIONER THEREIN IN CRL. Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:33409 WP No. 7944 of 2024 MISC. NO.125/2023 ON THE FILE OF HON'BLE SENIOR CIVIL JUDGE AND CHIEF JUDICIAL MAGISTRATE, AT - MANDYA FOR INTERIM MAINTENANCE FILED UNDER SEC-125(1) OF THE CRIMINAL PROCEDURE WHICH HAS BEEN PRODUCED AND MARKED AS ANNEXURE-A AND ETC. 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 The present writ petition is filed aggrieved by the order passed in I.A. No.1 in C.Misc.No.125/2023 dated 20.01.2024 by the Prl. Senior Civil Judge and CJM, Mandya, whereby the Trial Court had granted an amount of Rs.6,000/- per month as maintenance to the wife, the petitioner/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 husband is a daily wage worker and the Family Court had granted an amount of Rs.6,000/- as maintenance to the wife which is on the higher - 3 - HC-KAR NC: 2025:KHC:33409 WP No. 7944 of 2024 side. It is submitted that as per the interim order, the husband has paid the entire amount except the amount for this month. 4. Learned counsel appearing for the respondent/wife submits that the Family Court had granted only an amount of Rs.6,000/-as maintenance per month. It is further submitted that if the minimum wages is considered at Rs.15,000/- to Rs.18,000/- even though the husband is a daily wage worker, the amount granted by the Family Court is just and reasonable and no interference is called for. 5. Having heard the learned counsel on either side, perused the material on record. The admitted facts are that the husband is working as a daily wage worker. If considering the minimum wages at Rs.15,000/- to Rs.18,000/-, what the Family Court has granted is an amount of Rs.6,000/-. In the considered opinion of this Court, that cannot be held excessive and no interference is called for. 6. This Court finds no reason to interfere with the impugned order passed by the Prl. Senior Civil Judge and CJM, Mandya. - 4 - HC-KAR NC: 2025:KHC:33409 WP No. 7944 of 2024 7. Accordingly, the Writ Petition is dismissed. I.A.s' if any, in this writ petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE SSD List No.: 1 Sl No.: 18