- 1 - HC-KAR NC: 2025:KHC:28503 RPFC No. 13 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JULY, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI REV.PET FAMILY COURT NO. 13 OF 2022 BETWEEN: 1. SMT. B.C. VIDYASHREE D/O CHANDASHEKAR AGED ABOUT 32 YEARS 2. MISS. SATVIK D/O SARVESH M.C MINOR, AGED ABOUT 8 YEARS 3. MASTER VISHNU S/O SARVESH M.C MINOR, AGED ABOUT 6 YEARS NO.2 & 3 ARE REPRESENTED BY THEIR MOTHER/1ST PETITIONER R/AT CHETTIKERE VILLAGE & POST CHIKKANAYAKANAHALLI TUMKURU DIST-572 214 …PETITIONERS (BY SRI. RAMESH P KULKARNI, ADVOCATE) AND: SRI SARVESH S/O SRI CHANDRASHEKAR M V 39 YEARS, NO.2385 NEW KANTHAREJE URS ROAD K.G KOPPALU, MYSURU-570 009 …RESPONDENT (RESPONDENT SERVED AND UNREPRESENTED) Digitally signed by HARIKRISHNA V Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:28503 RPFC No. 13 of 2022 THIS RPFC IS FILED UNDER SECTION 19(4) OF THE FAMILY COURTS ACT 1973, AGAINST THE ORDER DATED 28.09.2021 PASSED IN CRL.MISC.NO.430/2019 ON THE FILE OF THE PRINCIPAL JUDGE, FAMILY COURT, MYSURU, REJECTING THE PETITION FILED UNDER SECTION 125 OF Cr.P.C FOR MAINTENANCE. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER Aggrieved by the order passed in Crl.Misc.No.430/2019 dated 28.09.2021 passed by the Principal Judge, Family Court at Mysuru, the present petition is filed by the wife, whereby the Court had rejected the case of the wife and also the son as he is residing with the respondent-father. 2. Petitioner No.1 is the wife, petitioner No.2 is the daughter and petitioner No.3 is the son. The present petition is filed seeking maintenance of amount of Rs.40,000/- per month. 3. The parties are referred to as wife and husband, for the sake of convenience. 4. It is the case of the wife that the husband is doing oxygen consultant rental and sales and he is earning Rs.1,00,000/- per month and apart from that, he is owning a - 3 - HC-KAR NC: 2025:KHC:28503 RPFC No. 13 of 2022 garden land and he is growing coffee, areca nut, banana and ginger etc. Petitioner No.2 is pursuing her education and petitioner No.3 is aged 9 years and as they are facing financial difficulties, they are entitled for maintenance. 5. According to the husband, he is doing business and he is earning a meager sum and is already taking care of them and without a reasonable cause, she has withdrawn from the conjugal society and she has not allowed the husband to meet the children. As such, he has filed the M.C.No.271/2019 seeking divorce. It is the case of the husband that he is ready to maintain the three petitioners, if they join the company of the husband. According to him, his income is not more than Rs.25,000/- per month. He has no other avocation than his meager business income and out of that income, he has to provide food and shelter to the petitioners and he cannot afford to provide any additional maintenance. 6. The Court had discussed about the cruelty that is meted out by the wife to the husband. The Court has observed that the wife has not filed statement of assets and liabilities, whereas the husband has filed his statement of assets and - 4 - HC-KAR NC: 2025:KHC:28503 RPFC No. 13 of 2022 liabilities. The Court discussed that the husband is paying LIC premium in the name of petitioner No.2 that is the daughter and Ex.R54 is receipt issued by the Orchids School with regard to payment of school fees. Ex.R45 to Ex.R47 are the payment of rent made by the respondent. By producing said documents, he has established that he has not at all refused and neglected to maintain the petitioner Nos.1 to 3 as alleged by them and there is nothing on record to disbelieve his evidence. 7. The Court has observed that petitioner No.3-son is under the care and custody of the father. Considering the evidence on record, the Court has come to the conclusion that the wife is not entitled for maintenance and son is also not entitled because he is with his father. Hence, the Court had granted an amount of Rs.5,000/- per month to the daughter, considering that he is incurring an amount of Rs.15,000/- towards electricity bills, food, shelter, children’s education, medical expenses and other expenses. 8. Learned counsel appearing for the petitioners submits that as per law laid by the Hon'ble Apex Court in - 5 - HC-KAR NC: 2025:KHC:28503 RPFC No. 13 of 2022 Rajnesh vs. Neha and another1, the respondent-husband has not filed his statement of assets and liabilities in its proper format. If he has filed his income tax returns, it would clinch the issue and what is the income of husband would come on record. Further, it is submitted that during the pendency of hearing, he is paying Rs.15,000/- towards rent, but immediately after the evidence is completed, he has stopped paying the house rent. 9. It is submitted that the Court has gone beyond the scope of the petition and discussed about the cruelty of wife and decided that she is not entitled for maintenance. It is submitted that a meager amount of Rs.5,000/- is awarded, which is not just and reasonable amount. 10. Notice to the respondent is served. But no vakalath is filed on behalf of the respondent. 11. Having heard the learned counsel for the petitioners, this Court has perused the material on record. According to the wife, the income of the husband is 1 reported in (2021) 2 SCC 324 - 6 - HC-KAR NC: 2025:KHC:28503 RPFC No. 13 of 2022 Rs.1,00,000/- per month and according to him, it is Rs.25,000/- per month. It is the submission that as per the judgment of the Hon’ble Apex Court in the case of Rajnesh vs. Neha and another all the documents were not filed. The Court also observed that the wife has not filed her statement of assets of liabilities. The manner in which the Court has discussed about the entitlement of the wife and other things, in the considered opinion of this Court, is beyond the scope of enquiry under Section 151 CPC. Considering all these, this Court deems it appropriate to set aside the order dated 28.09.2021 and remand the matter to the Court below. Accordingly, the Court is passing the following order, ORDER i. The order dated 28.09.2021 in Crl.Misc.No.430/2019 passed by the Principal Judge, Family Court at Mysuru is set aside and the matter is remanded to the Court. ii. The Court shall consider the entitlement of the wife and also about the enhancement of maintenance granted to the daughter. - 7 - HC-KAR NC: 2025:KHC:28503 RPFC No. 13 of 2022 iii. Both the parties shall file their respective statement of assets and liabilities before the Court within two weeks from the date of receipt of the copy of this order. iv. Thereafter, the Court shall decide the same on the merits. Both the parties are at liberty to place before the Court the subsequent events that took place. v. Accordingly, the petition is disposed of. vi. All I.As. in this petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE CR List No.: 1 Sl No.: 160