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2025 DAILYLAW 80446 (KAR)

SRI ANAND S v. SMT TRIVENI K

WP/9503/2025 · 2025-07-31

Lalitha Kanneganti

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:29756 WP No. 9503 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JULY, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 9503 OF 2025 (GM-FC) BETWEEN: SRI. ANAND. S, S/O. SHIVANNA GOWDA, AGED ABOUT 32 YEARS, R/AT.NO.138, 10TH CROSS, CBI MANTI, BELAGOLA HOBLI, SRIRANGAPATTANA TALUK, MANDYA DISTRICT – 571 438. …PETITIONER (BY SRI. ANJAN KUMAR B.N., ADVOCATE) AND: 1. SMT. TRIVENI .K, W/O. ANANDA S., AGED ABOUT 27 YEARS, 2. SUHAS GOWDA. A, S/O. ANANDA. S, AGED ABOUT 4 YEARS, (SINCE MINOR REPRESENTED BY NATURAL GUARDIAN MOTHER), 3. SHUBHAS GOWDA .A., S/O. ANANDA. S, AGED ABOUT 4 YEARS, ALL ARE R/AT NO.608, NAYAKARA STREET, HINKAL, MYSORE CITY - 570017. …RESPONDENTS THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDERS OF THE HONBLE I ADDL. PRL. JUDGE, FAMILY COURT, MYSURU, PASSED IN CRL.MIS.NO.590/2024, ORDER DTD 06.12.2024, AS PER ANNX-A Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:29756 WP No. 9503 of 2025 TO THE PETITION, BY ALLOWING THIS PETITION AND GRANT SUCH OTHER RELIEFS DEEMED FIT TO GRANT IN THE CIRCUMSTANCES OF THE CASE, INCLUDING COSTS, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, 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.590/2024 dated 06.12.2024 by the I Addl. Principal Judge, Family Court, Mysuru whereby the Family Court had granted maintenance of an amount of Rs.10,000/- per month to the wife and two children and litigation expenses of an amount of Rs.5,000/-, the husband is before this Court. 2. The parties are referred to as husband and wife for the sake of convenience. 3. Learned counsel for the petitioner submits that earlier, the petitioner was working and getting salary of an amount of Rs.14,452/-. Later, he lost the job and now on and off whenever there is requirement and whenever he is called, he is working. It is submitted that the husband is not able to pay the maintenance amount granted by the Family Court from - 3 - HC-KAR NC: 2025:KHC:29756 WP No. 9503 of 2025 the income that he is getting. The Family Court had failed to consider all these aspects and he has the mother whom he has to support. 4. Though notice is served on the respondents. There is no representation on their behalf. 5. Having heard the learned counsel for the petitioner, perused the material on record. The Family Court had considered the income of the husband. The wife had stated that the husband is working in Vikranth factory and getting salary of an amount of Rs.45,000/- per month. In that regard, no document is placed before the Court. The Family Court had held that it is the bounden duty of the husband to take care of the wife and granted maintenance of an amount of Rs.10,000/- per month and Rs.5,000/- as litigation expenses. Admittedly there is no evidence on the record to show the income of the husband. According to the husband, earlier he was getting salary of an amount of Rs.14,452/-. Now, he has lost the said job and he also has to take care of his mother and also himself. Considering all this, this Court deems it appropriate to modify the order. Accordingly, this Court is passing the following: - 4 - HC-KAR NC: 2025:KHC:29756 WP No. 9503 of 2025 ORDER i. The order impugned passed in I.A.No.2 in Crl.Misc.No.590/2024 dated 06.12.2024 by the I Addl. Principal Judge, Family Court, Mysuru is modified by reducing the amount from Rs.10,000/- to Rs.8,000/- per month. ii. As far as the litigation expenses are concerned, this Court is not interfering. iii. Accordingly, this writ petition is disposed of. iv. All I.As., in the writ petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE BN List No.: 2 Sl No.: 49