- 1 - HC-KAR NC: 2025:KHC:37830 WP No. 11068 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 11068 OF 2025 (GM-FC) BETWEEN: MR. MOHAMMED IMRAN S/O IBRAHIM AGED ABOUT 37 YEARS R/AT D. NO.24-59 M.J.M NO. 1055, BENGRE KASABA MANGALORE-575 013 …PETITIONER (BY SRI. SACHIN, ADVOCATE FOR SRI.SACHIN B.S., ADVOCATE) AND: 1. MRS. SALOOLA MISHRIYA W/O MOHAMMED IMRAN AGED ABOUT 24 YEARS 2. MASTER IBRAHIM MOHAMMED TALHA S/O MOHAMMED IMRAN AGED ABOUT 2 YEARS 3. MOHAMMED RAISI ABDUL S/O MOHAMMED IMRAN AGED ABOUT 7 MONTHS ALL ARE RESIDING AT M.J.M NO.321, BENGRE KASABA MANGALORE -575 013 …RESPONDENTS (BY SRI. ASHOK KUMAR SHETTY K., ADVOCATE FOR R1 R2 & R3 ARE MINORS- REP. BY R1) THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:37830 WP No. 11068 of 2025 ORDER DATED:27.01.2025 IN CRL.MISC.NO. 93/2024 PASSED BY THE I ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT MANGALORE AS PER ANNEXURE-A. 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.2 in Crl.Misc.No.93/2024 dated 27.01.2025, by I Additional Principal Judge, Family Court, D.K.Mangaluru, whereby the Family Court had granted maintenance of an amount Rs.8,000/- per month to the wife along with two children, the wife is before this court. 2. Both the parties are referred to as husband and wife for the sake of convenience. 3. The wife had filed a petition seeking monthly maintenance of an amount Rs.5,000/- each to all the 3 petitioners. It is the case of the husband that he is a able bodied person and doing vegetable business in Central market, Mangaluru and earning more than Rs.2,000/- per day. It is the case of the husband that he is working in a fruit shop and now he has quit the job and in Crl.Misc.No.5/2024 under domestic violence Act, already an amount of Rs. 7,000/- is granted by - 3 - HC-KAR NC: 2025:KHC:37830 WP No. 11068 of 2025 the Court, that itself he is not a position to pay. The Family Court had ordered the maintenance observing that the respondent/husband has not shown any income in his affidavit and it is observed that the respondent/husband is a able bodied person, having no ill-health and he is in a position to earn and maintain the wife and granted the amount. 4. Learned counsel appearing for the husband/respondent submits that as he is not doing any job and it is very difficult for him to pay an amount of Rs. 15,000/- per month. 5. Learned counsel appearing for the petitioner/wife has reiterated the grounds that are stated and it is submitted that the husband inspite of having the means he is not taking care of the children and husband is staying in his own house and it is difficult for the wife to maintain two children and herself with the meager amount that is granted under domestic Violence Act, hence, the present application is filed seeking maintenance. 6. Having heard the counsels on either side, perused the material on record. In the Domestic Violence case already an amount of Rs.7,000/- is awarded by the trial court and it is an - 4 - HC-KAR NC: 2025:KHC:37830 WP No. 11068 of 2025 admitted fact the complete arrears are not paid. It is the case that the respondent/husband is living in his own house and wife and the children are living with her parents. When he is a able bodied person why he is not working, no explanation is forthcoming. As already an amount of Rs.7,000/- is awarded in the domestic violence case, this Court deems it appropriate to modify the order of the Family Court by balancing the interest of both parties. 7. In the light of the discussion, this Court deems it appropriate to pass the following: ORDER i. The order passed in I.A.No.2 in Crl.Misc.No.93/2024 dated 27.01.2025, by I Additional Principal Judge, Family Court, D.K.Mangaluru, is modified by reducing the maintenance from an amount of Rs.,8000/- to Rs.4,000/- per month. - 5 - HC-KAR NC: 2025:KHC:37830 WP No. 11068 of 2025 ii. Accordingly, the writ petition is disposed of. iii. All pending in this writ petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE TS List No.: 1 Sl No.: 13