- 1 - HC-KAR NC: 2025:KHC:34135 WP No. 35570 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 35570 OF 2024 (GM-FC) BETWEEN: SMT V.CHETHANA @ CHANDRAKALA W/O. DHANARAJ AGED ABOUT 33 YEARS R/AT VENKATAYYANA PALAYA BYCHAPURA ROAD MAGADI TOWN-562 120 …PETITIONER (BY SMT.BINDU U., ADVOCATE) AND: SRI.DHANRAJ @VASANTH KUMAR S/O.THIMMEGOWDA AGED ABOUT 43 YEARS R/AT NO 262, 2ND CROSS GANGANADI ROAD, BRUNDAVANA NAGAR BENGALURU-560 019 KARNATAKA …RESPONDENT (BY SRI. ANIL KUMAR R., ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO MODIFY THE IMPUGNED ORDER DATED 24/09/2024 PASSED IN MC NO. 1849/2020 ON THE FILE OF IIIRD ADDL. PRINCIPAL JUDGE, FAMILY COURT AT BANGALORE ON IA NO.3 FILED UNDER SECTION 24 AND 26 OF HM ACT VIDE ANNEXURE-A, BY ENHANCING THE INTERIM MAINTENANCE TO THE PETITIONER AND 2 MINOR CHILDREN AND LITIGATION EXPENSE AS PRAYED FOR. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:34135 WP No. 35570 of 2024 CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER Aggrieved by the order passed in I.A.No.3 in M.C.No.1849/2020 dated 24.09.2020 by the III Additional Principal Judge, Family Court, Bengaluru, whereby the Family Court had directed the respondent/husband to pay an amount of Rs.5,000/- each per month towards the maintenance of the petitioner/wife and her two children and to bear the entire education, medical, conveyance and other expenses of the children and an amount of Rs.25,000/- towards one time litigation expenses, the petitioners are before this Court seeking enhancement of the maintenance. The petitioners are the wife and two children. 2. The parties are referred to as husband, wife and children for the sake of convenience. 3. The wife had filed I.A.No.3 under Section 24 and 26 of Hindu Marriage Act, seeking interim maintenance of an amount of Rs.50,000/- per month for herself and her children apart from educational expenses and an amount of Rs.50,000/- towards litigation expenses. It is the case that the husband is - 3 - HC-KAR NC: 2025:KHC:34135 WP No. 35570 of 2024 employed in Bengaluru Electricity Supply Company Limited and his gross salary is an amount of Rs.77,219/- per month and net salary for the month of August 2023 is an amount of Rs.44,125/-, for the month of September 2023 is an amount of Rs.44,206/-, and an amount of Rs.41,788/- for the month of October 2023. The wife has declared her education qualification as SSLC. 4. The Family Court had directed the husband to pay an amount of Rs.5,000/- each per month to the wife and her children and to bear the entire education, medical, conveyance and other expenses of the children and an amount of Rs.25,000/- towards one time litigation expenses. 5. Learned counsel appearing for the petitioners submits that the gross salary of the husband is an amount of Rs.77,219/- and the net salary is shown as an amount of Rs.44,125/-. Learned counsel has drawn the attention of the Court to the salary certificate of the husband. It is submitted that his basic pay is an amount of Rs.42,450/- and with all the allowances, the gross pay is an amount of Rs.77,219/- per month. In that, an amount of Rs.200/- is deducted towards - 4 - HC-KAR NC: 2025:KHC:34135 WP No. 35570 of 2024 professional tax, family benefit fund, an amount of Rs.3,000/- towards income tax, an amount of Rs.2,827/- towards life insurance, an amount of Rs.12,850/- towards Society, an amount of Rs.100 towards KEB Employees Union, an amount of Rs.5,731/- towards PC Employer portion 10%, an amount of Rs.8023/- towards PC Employer portion 14%. Total deductions comes to an amount of Rs.35,431/-. It is submitted that those are all not the statutory deductions and the Family Court had granted only an amount of Rs.5,000/- each to the wife and children which is a meager amount and with that amount it is very difficult for the wife to take care of the expenses of the children. It is submitted that considering the salary of the husband, the maintenance needs to be enhanced. 6. Learned counsel appearing for the husband submits that after deductions, his take home salary is an amount of Rs.44,125/-. He is already directed to pay the school fees of the children and the school fees of the children is an amount of Rs.40,000/- each i.e., Rs.80,000/- per annum and he is also directed to pay the medical, conveyance and other expenses of the children. In those circumstances, already the amount that - 5 - HC-KAR NC: 2025:KHC:34135 WP No. 35570 of 2024 is awarded by the Family Court is a reasonable amount and no interference is called for. 7. Having heard the learned counsels on either side, perused the entire material on record. The undisputed facts of the case are that the gross salary of the husband is an amount of Rs.77,219/- per month and the net salary is an amount of Rs.44,125/-. In the preceding paragraphs, this Court has already discussed about what are all the deductions. As rightly submitted by the learned counsel appearing for the wife, all those deductions cannot be considered by this Court. The Family Court has granted an amount of Rs.5,000/- each per month to the wife and children i.e., an amount of Rs.15,000/- per month and the educational expenses comes to an amount of Rs.80,000/- per annum for both the children. In these circumstances, balancing the interest of both the parties, this Court deems it appropriate to enhance the maintenance to all the three petitioners by Rs.2,000/- i.e., Rs.7,000/- each per month. Hence, this Court is passing the following order: - 6 - HC-KAR NC: 2025:KHC:34135 WP No. 35570 of 2024 ORDER i. The order passed in I.A.No.3 in M.C.No.1849/2020 dated 24.09.2024 by the III Additional Principal Judge, Family Court, Bengaluru, is modified by enhancing the maintenance from an amount of Rs.5,000/- each i.e., 15,000/- to Rs.7,000/- each to the petitioners i.e., an amount of Rs.21,000/- per month. ii. Accordingly, the writ petition is disposed of. iii. All i.As. in this petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE MEG List No.: 2 Sl No.: 5