- 1 - HC-KAR NC: 2025:KHC:33682 WP No. 16761 of 2024 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. 16761 OF 2024 (GM-FC) BETWEEN: SRI. H.K.CHETHAN S/O KRISHNAPPA, AGED ABOUT 41 YEARS, R/A HAROHALLI VILLAGE, KASABA HOBLI, MALUR TALUK, KOLAR DISTRICT-563 139 …PETITIONER (BY SRI. VIJAYA KUMAR K., ADVOCATE) AND: SMT. A.DIVYA W/O H.K.CHETHAN, D/O ASHWATHAPPA, AGED ABOUT 38 YEARS, R/O BIDARAGUPPE VILLAGE, ATHIBELE HOBLI, ANEKAL TALUK, BENGALURU DISTRICT-562 107 …RESPONDENT (BY SRI.Y.NAGARAJ, ADVOCATE FOR SRI.C.SHANKAR REDDY, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR THE RECORDS IN MC NO. 62/2023 PENDING ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC AT MALUR AND SET ASIDE THE ORDER DATED: 27.04.2024 PASSED ON IA NO. 2 FILED BY THE RESPONDENT U/S 24 OF THE HINDU MARRIAGE ACT, 1955 R/W SECTION 151 OF THE CODE OF CIVIL PROCEDURE (ANNEXURE-A) AND DISMISS IA NO. 2 BY ALLOWING THIS WRIT PETITION. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:33682 WP No. 16761 of 2024 CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER Aggrieved by the order passed in I.A.No.2 in M.C.No.62/2023 dated 27.04.2024 by the Senior Civil Judge and JMFC, whereby the petitioner was directed to pay an amount of Rs.15,000/- per month to the respondent and her children, 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 husband submits that the husband is a daily wage worker and his monthly income is an amount of Rs.13,500/- per month. The trial Court without considering any of these aspects had granted the maintenance. It is submitted that as per the judgment of the Hon'ble Apex Court in case of Rajnesh Vs. Neha1, the statement of assets and liabilities were not called for and the parties had not filed their respective statement of assets and liabilities. Without considering the financial capacity of the husband, the trial Court cannot grant maintenance of an 1 (2021) 2 SCC 324 - 3 - HC-KAR NC: 2025:KHC:33682 WP No. 16761 of 2024 amount of Rs.15,000/- per month. Learned counsel submits that the order needs to be set aside. 4. Learned counsel appearing for the wife submits that the husband is a proprietor, he is having a garage and he is earning income and he has filed certain documents before this Court. It is submitted that the amount that is granted is a meager amount and no interference is called for. 5. Having heard the learned counsels on either side, perused the entire material on record. The Hon'ble Apex Court in Rajnesh's case referred supra laid comprehensive guidelines in cases of maintenance. Unfortunately, in spite of repeated orders on the judicial side and also on the administrative side, this Court is coming across the orders where the Courts are not adhering to the law laid down by the Hon'ble Apex Court. This Court has perused the order. In the order, absolutely there is no discussion about the husband's income. Maintenance has to be granted not only based on the requirement of the wife, but also basing on the financial capacity of the husband. Without ascertaining the same, just like that the Court cannot pass an - 4 - HC-KAR NC: 2025:KHC:33682 WP No. 16761 of 2024 order. In these circumstances, the order impugned needs to be set aside. Hence, this Court is passing the following order: ORDER i. The order passed in I.A.No.2 in M.C.No.62/2023 dated 27.04.2024 by the Senior Civil Judge and JMFC, is set aside and the matter is remanded back to the trial Court for fresh consideration. ii. The parties shall file their respective statements of assets and liabilities within 10 days from the date of receipt of the copy of the order. iii. Without further notice, the parties shall appear before the trial Court on 16.09.2025 and within two months from the date of receipt of the copy of the order, the trial Court shall pass appropriate orders. iv. The Registrar General is directed to issue a circular apart from the Family Court Judges to all other Senior Civil Judges who are dealing with the Family Courts that they have to adhere to the law laid down by the Hon'ble Apex Court in Rajnesh's case referred supra. v. Till the application is considered, the petitioner shall continue to pay maintenance of an amount of - 5 - HC-KAR NC: 2025:KHC:33682 WP No. 16761 of 2024 Rs.7,000/- per month to the respondent, subject to the further orders to be passed by the trial Court. vi. Accordingly, the writ petition is allowed. vii. All I.As. in this petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE MEG List No.: 2 Sl No.: 13