- 1 - HC-KAR NC: 2025:KHC:36652 WP No. 22783 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 22783 OF 2023 (GM-FC) BETWEEN: SMT. B. N. NETHRAVATHI W/O SRI. S.B. SHIVABASAVAIAH, AGED ABOUT 34 YEARS, R/AT NO.483, AMBEDKAR COLONY, BELAKAVADI, B.G.PURA HOBLI, MALAVALLI TALUK, MANDYA DISTRICT – 571 430. …PETITIONER (BY SRI. SAMARTH S MURTHY ADVOCATE FOR SRI. MUNISWAMY GOWDA S. G., ADVOCATE) AND: SRI. S. B. SHIVABASAVAIAH S/O BASAVALINGAIAH, AGED ABOUT 38 YEARS, R/AT NO.G-614, 1ST MAIN, 8TH CROSS, HAL CENTRAL TOWNSHIP, MARATHAHALLI, VTC: BENGALURU NORTH PO MARATHAHALLI COLONY, BENGALURU – 560 037. …RESPONDENT (BY SRI. RAVIKUMARA B. R., ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA FILED PRAYING TO WHEREFORE, IN THE LIGHT OF THE PRESENT FACTS AND CIRCUMSTANCES IT IS PRAYED THAT THIS HON’BLE COURT BE PLEASED TO MODIFY THE ORDER DTD 31.03.23 PASSED ON IA NO. III FILED UNDER SECTION 24 OF THE HINDU MARRIAGE IN M.C.NO. 1993/21 ON THE FILE OF Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:36652 WP No. 22783 of 2023 THE II ADDL. PRINCIPAL JUDGE, FAMILY COURT AT BENGALURU, VIDE ANNEXURE-G BY ALLOWING THE APPLICATION AS PRAYED. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, 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.No.III in M.C.No.1993/2021 dated 31.03.2023 by the II Additional Principal Judge, Family Court, Bengaluru, whereby the Family Court had granted maintenance of an amount of Rs.8,000/- per month to the wife and an amount of Rs.5,000/- towards one time litigation expenses, the petitioner/wife is before this Court seeking enhancement of the maintenance. 2. The parties are referred to as husband and wife for the sake of convenience. 3. It is the case of the wife that the husband is working in RWRDC as Technician and earning more than an amount of Rs.70,000/- per month and apart from that, he has properties at Bengaluru and Mysuru and own house in his native place. Altogether, he is earning an amount of Rs.80,000/- per month. It is stated that the wife is not in a position to take care of - 3 - HC-KAR NC: 2025:KHC:36652 WP No. 22783 of 2023 herself and it is the responsibility of the husband to provide maintenance to the wife. 4. The husband has filed his statement of assets and liabilities stating that his monthly income is an amount of Rs.46,441/- and expenditure is an amount of Rs.44,000/- by source of his employment, who is worked at HAL and towards expenses incurred on the litigation is an amount of Rs.15,000/-. It is submitted that the wife is a degree holder and in spite of that she is not working. 5. The Family Court had observed that on going through the application averments and objections as well as both sides affidavits filed regarding assets and liabilities and also list of documents produced by the husband, in this case, the wife has not produced any documents. The husband has produced documents to show his monthly income. Half of his salary is going on payment of loan and deductions. After deductions, the husband is having income of an amount of Rs.40,000/- and considering all these, the Family Court had granted maintenance of an amount of Rs.8,000/- per month to the wife and an amount of Rs.5,000/- towards litigation expenses. - 4 - HC-KAR NC: 2025:KHC:36652 WP No. 22783 of 2023 6. Learned counsel appearing for the petitioner/wife submits that all the deductions cannot be considered by the Court except the statutory deduction. It is submitted that when the husband's income is an amount of Rs.80,000/- per month, granting an amount of Rs.8,000/- per month towards maintenance is not reasonable and the same needs to be enhanced. 7. Learned counsel appearing for the respondent/husband submits that the husband has filed his statement of assets and liabilities, wherein he has mentioned his income and the expenditures, whereas the wife has failed to state why she requires the maintenance as sought for. It is submitted that as she has failed to place all the documents which are relevant, an adverse inference has to be drawn by this Court. It is submitted that even while filing the enhancement petition, what are her requirements are not stated before the Court. After the deductions, whatever is the amount the husband is getting, there is no amount left with the husband and he is not in a position to pay the maintenance as sought for by the wife. - 5 - HC-KAR NC: 2025:KHC:36652 WP No. 22783 of 2023 8. Having heard the learned counsels on either side, perused the entire material on record. According to the husband, his gross salary is an amount of Rs.86,282/-. After deductions, his net salary is an amount of Rs.46,441/-. He has given his expenditure for the entire amount. No doubt, the wife has not stated the details which are supposed to be disclosed as per the judgment of the Hon'ble Apex Court in case of Rajnesh Vs. Neha1. Taking into consideration the admitted facts and the fact that the husband is earning an amount of Rs.46,441/- per month, this Court deems it appropriate to pass the following order: ORDER i. The order passed in I.A.No.III in M.C.No.1993/2021 dated 31.03.2023 by the II Additional Principal Judge, Family Court, Bengaluru, is modified and the maintenance is enhanced from an amount of Rs.8,000/- per month to Rs.12,000/- per month. ii. The respondent/husband is directed to pay maintenance of an amount of Rs.12,000/- per month to the petitioner/wife. 1 (2021) 2 SCC 324 - 6 - HC-KAR NC: 2025:KHC:36652 WP No. 22783 of 2023 iii. Accordingly, the writ petition is disposed of. iv. All I.As. in this petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE MEG List No.: 3 Sl No.: 14