- 1 - HC-KAR NC: 2025:KHC:44004 WP No. 13344 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 13344 OF 2022 (GM-FC) BETWEEN: SHRI. SUSHANTH S. NALIGE AGED ABOUT 38 YEARS S/O SHRINIVAS B RAO PERMANENT RESIDENT AT NO.326 1ST FLOOR, 27TH MAIN, 21ST CROSS H.S.R LAYOUT SECTOR II, BANGALORE - 560 102, CURRENT RESIDING AT NO.1301 3RD FLOOR, 21ST B MAIN, HSR LAYOUT, SECTOR-I BANGALORE - 560 102. …PETITIONER (BY SRI. SHRIDHARA K, ADVOCATE) AND: SMT. ARPITHA SUSHANTH AGED ABOUT 35 YEARS W/O SUSHANTH S. NALIGE RESIDING AT NO.64/4 3RD FLOOR, FLAT NO.T2, DANARAJ KATARIAH ROAD NOW RAMAKRISHNAPPA ROAD COXTOWN, BANGALORE - 560 005. …RESPONDENT (BY SRI. N. JAIPRAKASH RAO, ADVOCATE) Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:44004 WP No. 13344 of 2022 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 06.06.2022 PASSED BY THE PRINCIPAL FAMILY JUDGE, BANGALORE IN M.C.NO.4682/2020 ON I.A.NO.3 FILED U/S 151 OF CPC WHICH IS AT ANNEXURE-A AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER Aggrieved by the order passed in I.A.Nos.3 to 5 in M.C.No.4682/2020 dated 06.06.2022 passed by Principal Judge, Family Court, Bengaluru, the petitioner/husband is before this Court. 2. The parties are referred to as the husband and wife for the sake of convenience. 3. The wife had filed IA.No.3 seeking a direction to the petitioner to pay the arrears of school fees at Rs.3,37,540/- and IA.No.4 is filed seeking maintenance. The Family Court, by order impugned had directed the husband to pay an amount of Rs.3,37,540/- in respect of the school fees of the children and also directed the husband to pay an amount of Rs.30,000/- per month from the date of IA.No.4 i.e., from 22.01.2021 to till the - 3 - HC-KAR NC: 2025:KHC:44004 WP No. 13344 of 2022 disposal of the case and also he was directed to pay a sum of Rs.50,000/- towards the litigation expenses. Along with these two IAs, another IA was filed seeking visitation and the Family Court had passed an order directing the mother to produce the children before the visitation room of the Family Court, Bangalore on every Saturday, except second Saturday from 11.00 a.m. to 01.00 p.m. to have interaction between the petitioner/husband and the children. 4. The learned counsel appearing for the petitioner/husband submits that the order is passed on 06.06.2022. On 01.07.2022, the husband left his job. While he was doing job, his gross salary was Rs.1,70,000/- and odd and after deductions his take home salary is Rs.1,35,000/-. It is submitted that on 01.07.2022, husband resigned his job as he was not able to bear the stress and to balance the litigation right from 2022, he is not earning. It is stated that he has a camera. He has rented the camera and he was paid Rs.20,000 for that. It is submitted that later as he had to pay the arrears in the execution, he had to sell the camera and as of now he has no source of income. - 4 - HC-KAR NC: 2025:KHC:44004 WP No. 13344 of 2022 5. The learned counsel appearing for the respondent/wife submits that the husband and family are having immovable properties. They run a partnership firm where they rent these cameras and they are earning a lot of amount. According to her, recently husband sold a property for rupees one crore and odd. All these things clearly shows that he is having the capacity to pay the maintenance and arrear amount. The wife is completely dependent on the husband and she has no independent income. It is an admitted fact that while they were together he was taking care of the expenses of the child and the Family Court had rightly considered and granted the maintenance and there are no grounds to interfere. 6. The learned counsel appearing for the petitioner/husband submits that all those properties belong to his mother and there are property disputes between them. All those amounts are given to his mother and as stated by the learned counsel appearing for the respondent/wife it is not rupees one crore and odd, but the property is sold for Rs.43,15,000/-. It is submitted that in fact to pay the - 5 - HC-KAR NC: 2025:KHC:44004 WP No. 13344 of 2022 maintenance he had taken loan from the Bank and he is struggling to repay the EMI. 7. Having heard the learned counsels on either side, perused the material on record. The petitioner/husband was working till 01.06.2022, where his gross salary is Rs.1,75,000/- and his take home salary is Rs.1,35,000/- to Rs.1,45,000/-. The argument of the learned counsel appearing for the petitioner/husband is that the husband is not able to balance the job and the litigation, as he has completely left the job and he is sitting idle from 2022 to till now, which cannot be believed. He is an educated, able-bodied person and right from the beginning, the wife is not working and he has been taking care of the educational expenses, other expenses and maintenance of the children. The properties that are sold and the contention that the partnership is closed and all other things, on the face of it, it shows that the whole intention of the husband is to avoid the maintenance to the wife and admittedly there are properties belonging to the family. It is the case of the husband that the property belongs to the mother. He being the son he will have a right in the property. Rs.3,37,540/- that - 6 - HC-KAR NC: 2025:KHC:44004 WP No. 13344 of 2022 is awarded by the Family Court is a one time amount where he was directed to reimburse the amount. Then after that, the amount of maintenance that is awarded is Rs.30,000/-. Considering the family background, the amount of maintenance that is awarded by the Family Court cannot be considered as an exorbitant amount. The conduct of the husband in the facts and circumstances shows that he is inclined to evade the payment of maintenance to the wife. The husband, who is a able-bodied person that too in this case, who is qualified, has a responsibility to take care of the children and for the purpose of avoiding the responsibility, husband cannot be permitted to come before this Court with these kind of submissions. 8. In the considered opinion of this Court, the Family Court has rightly considered and granted the maintenance and this Court do not find any reasons to interfere. Accordingly, this Court is passing the following: ORDER (i) The writ petition is dismissed, as the same is devoid of merits - 7 - HC-KAR NC: 2025:KHC:44004 WP No. 13344 of 2022 (ii) All pending IA's in this writ petition shall stand closed. Sd/- (LALITHA KANNEGANTI) JUDGE JY List No.: 1 Sl No.: 2