- 1 - HC-KAR NC: 2025:KHC:43221 WP No. 18036 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO.18036 OF 2024 (GM-FC) BETWEEN: VINAY HIREMATH S., AGED ABOUT 44 YEARS, S/O. S. G. HIREMATH, NOW AT, F-97, CONCORDE SILICON VALLEY, NEELADRI ROAD, ELECTRONIC CITY PHASE I, BANGALORE - 560 100. …PETITIONER (BY SRI. NANDEESH C.B., ADVOCATE FOR SRI. CHANDRANATH ARIGA K.,ADVOCATE) AND: VEENA HIREMATH, AGED ABOUT 41 YEARS, W/O VINAY HIREMATH S., R/AT 3102, SILVER COUNTY APARTMENTS, HSR EXTENSION, BANGALORE - 560 0102. …RESPONDENT (BY SRI. SRI. SAMARTH S. MURTHY, ADVOCATE FOR SMT. BINDU U., ADVOCATE) THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 25.09.2023 PASSED ON I.A.NO.3 IN M.C.NO.3111/2020 BY THE I ADDL. PRL.JUDGE, FAMILY COURT, BENGALURU (ANNEXURE-C) AND ETC. Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:43221 WP No. 18036 of 2024 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 Aggrieved by the order passed on I.A.No.III in M.C.No.3111/2020 dated 25.09.2023 by the I Additional Principal Judge, Family Court, Bengaluru, whereby the Family Court had granted maintenance amount of Rs.1,00,000/- p.m. to wife and child and also the educational expenses of the child, the petitioner/husband is before this Court. 2. The parties are referred to as husband and wife for the sake of convenience 3. On perusal of the material on record indicates that M.C.No.3111/2020 is filed by the husband seeking divorce on the ground of cruelty. In the said case, the wife had filed I.A.No.III seeking maintenance of an amount of Rs.2,00,000/- p.m. It is the case of the husband that wife is working and earning a sum of Rs.40,000/- p.m. According to the respondent/wife, husband is earning an amount of - 3 - HC-KAR NC: 2025:KHC:43221 WP No. 18036 of 2024 Rs.4,00,000/- p.m. as salary. The Family Court had granted the maintenance and while granting the maintenance, the Family Court had observed that inspite of giving sufficient opportunity, the husband neither has filed his objections to I.A.No.III nor he has filed his statement of assets and liabilities in order to deny the claim made by the wife. Hence, considering the husband's salary of Rs.4,00,000/- p.m., the Family Court had granted an amount of Rs.1,00,000/- p.m. as maintenance. 4. Learned counsel appearing for the petitioner/ husband submits that in the wedlock they are blessed with two children and the male child is with the father and female child is with the mother. It is submitted that the property which was purchased by the husband is given to the wife and she has been living in the said property. It is submitted that the husband is taking care of entire educational expenses and whenever the wife asks for amount, the husband has never denied the same. It is submitted that his take home salary is Rs.2,00,000/- p.m. and he has to take care of the other child and the amount of maintenance that is awarded by the Family Court is on the higher side. It is further submitted that the - 4 - HC-KAR NC: 2025:KHC:43221 WP No. 18036 of 2024 husband will never dispossess the wife from the said property till her lifetime. 5. Learned counsel appearing for the respondent/wife submits that as the petitioner/husband has failed to file his statement of assets and liabilities and as per the judgment of the Hon'ble Apex Court in the case of Rajnesh vs. Neha and Ors1, the Family Court had rightly drawn an adverse inference and granted an amount of Rs.1,00,000/- p.m. It is submitted that after filing this petition, the wife had to quit her job to take care of her parents. Now she is entirely depending upon the maintenance that is paid by the husband. The respondent has claimed Rs.2,00,000/- to meet her daily expenses which includes her yoga classes, maid expenses etc., and also expenses towards taking care of her parents. It is submitted that though her requirement is Rs.2,00,000/- p.m., the Family Court had granted only an amount of Rs.1,00,000/- p.m. and there are no reasons to interfere with the said order. 6. Having heard the learned counsels on either side, perused the material on record. The order on I.A.No.III is 1 (2021) 2 SCC 324 - 5 - HC-KAR NC: 2025:KHC:43221 WP No. 18036 of 2024 passed on 25.09.2023 and from the last two years this matter is pending before this Court. The husband has filed his salary slip before this Court and as per the salary slip the gross salary is Rs.4,00,000/- p.m., after deductions his take home salary is Rs.2,00,000/- p.m. According to the learned counsel appearing for the respondent/wife all those deductions cannot be taken into consideration and only the statutory deductions have to be considered. 7. Admittedly, the male child is with the father and the female child is with the mother. Father is ready to bear the educational and medical expenses of the daughter and also the medical expenses of the wife. Just because the husband is earning Rs.2,00,000/- p.m. it cannot be a ground for the Family Court to grant maintenance of an amount Rs.1,00,000/- p.m. While granting maintenance, the Family Court has to look at the expenses of the party and whether those expenses are reasonable expenses. 8. Considering the fact that the house in which the wife is residing belongs to the husband and he is ready to take care of medical expenses of wife and daughter and educational - 6 - HC-KAR NC: 2025:KHC:43221 WP No. 18036 of 2024 expenses of the daughter, this Court deems it appropriate to award an amount of Rs.50,000/- p.m. towards maintenance which would be an appropriate amount. Accordingly, this Court is passing the following: ORDER i. The order passed in I.A.No.III in M.C.No.3111/2020 dated 25.09.2023 by the I Additional Principal Judge, Family Court, Bengaluru, is modified. ii. The petitioner/husband shall pay an amount of Rs.50,000/- p.m. by 5th of every succeeding month and the arrears if any shall be paid within a period of eight weeks from the date of receipt of copy of the order. iii. The husband shall bear all the educational and medical expenses of the daughter. iv. The husband shall also bear the medical expenses of the wife. v. The husband shall not dispossess the wife from the house where she is residing, till her lifetime. - 7 - HC-KAR NC: 2025:KHC:43221 WP No. 18036 of 2024 vi. The arrears at Rs.50,000/- p.m. shall be paid from the date of application. If any amount is paid, the same shall be deducted. vii. With regard to the arrears, both the parties shall file a joint memo before the Family Court. viii. Accordingly, the writ petition is disposed of. ix. All I.As. in this writ petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE NS CT:TSM List No.: 1 Sl No.: 10