- 1 - HC-KAR NC: 2025:KHC:41878 WP No. 32085 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF OCTOBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 32085 OF 2024 (GM-FC) BETWEEN: SMT. MADHURI N W/O PAWAN A, AGED ABOUT 32 YEARS, RESIDENT AT SUMADHURA NILAYA, GRAMA PANCHAYATHA ROAD, MADAVARA, TUMKUR ROAD, BANGALORE - 562 123. …PETITIONER (BY SRI. SHARANAPPA K., ADVOCATE) AND: SRI. PAWAN A S/O ARJUN RAO, AGED ABOUT 36 YEARS, RESIDENT AT NO.284, 74TH CROSS, BEHIND POLICE STATION, KUMAR SWAMY LAYOUT, BANGALORE - 560 078. …RESPONDENT (BY SRI. SURESH.P.,ADVOCATE) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE RESPONDENT TO PAY INTERIM MAINTENANCE OF RS. 40,000/- Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:41878 WP No. 32085 of 2024 PER MONTH WITH LITIGATION EXPENSES OF RS. 40,000/- AND ARREARS OF INTERIM MAINTENANCE AND ETC., 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 This writ petition is filed aggrieved by the order passed on I.A.No.III in M.C.No.6285/2022 dated 02.09.2024 whereby the Court had granted maintenance to the daughter at Rs.5,000/- per month and as far as wife is concerned, refused to grant maintenance. 2. The petition was filed by the husband seeking divorce and in that wife has filed I.A.No.III seeking maintenance of an amount of Rs.40,000/- per month for her and for the daughter and litigation expenses of Rs.40,000/-. According to her, she is unemployed and she has no source of income and she requires an amount of Rs.40,000/- per month and it is her case that husband's income is around Rs.7 lakhs per annum and he has his own accommodation and he also has ancestral - 3 - HC-KAR NC: 2025:KHC:41878 WP No. 32085 of 2024 properties. The court considering the income of the husband at Rs.20,000/-, has granted maintenance of Rs.5,000/- to the child. When it comes to the wife, the court has observed that she is educated and has done her PHD and she is capable of maintaining herself. Nothing has been stated as to why she is not working and accordingly not granted maintenance to the wife. 3. Learned counsel appearing for the petitioner-wife submits that though the wife is qualified, as she has to take care of the child, she is not working and the court ought to have taken this aspect into consideration. It is submitted that as per the order passed by this court, the respondent has filed two years bank statement and in that it is shown that every month there is Rs.20,000/- income and another sum of Rs.10,000/- towards incentives, the respondent is getting. When that is the case, the amount of maintenance at Rs.5,000/- awarded by the court is not a just and reasonable amount. It is submitted that on all counts, the amount of maintenance needs to be enhanced and the wife is entitled for maintenance. - 4 - HC-KAR NC: 2025:KHC:41878 WP No. 32085 of 2024 4. Learned Counsel appearing for the respondent-husband submits that his salary is Rs.20,000/-. The court had rightly considered this aspect and granted Rs.5,000/-. When it comes to the incentives, according to him, he will be getting it once in a year and every month no company will grant the incentive to its employees. It is further submitted that the wife was working as a lecturer and those aspects were suppressed before the court and the court had rightly held that she is not entitled for maintenance. He submits that the order passed by the court is a well considered order and it requires no interference from this court. 5. Having heard the learned Counsel on either side, perused the material on record. 6. As far as the wife's entitlement is concerned, the court had considered the said aspect and rightly rejected the case of the petitioner and this court do not find any reason to interfere. Then coming to the salary of the husband, according to the husband, he is getting around Rs.20,000/- per month. As rightly pointed out by the learned counsel for the respondent, the bank entries do show that his income including - 5 - HC-KAR NC: 2025:KHC:41878 WP No. 32085 of 2024 incentives etc. is Rs.30,000/- and above. Though it is denied by the learned counsel for the respondent, the bank statement speaks otherwise. The wife even if assuming that she is working, she has to take care of the child. Admittedly, the child is aged about five years as of now, as on the date of application, she was three years old. Considering all these facts, this court deems it appropriate to enhance the maintenance by another sum of Rs.2,000/- per month. Accordingly, the court is passing the following: ORDER (i) The order dated 02.09.2024 passed on I.A.No.III in M.C.No.6285/2022 on the file of IV Additional Principal Judge, Family Court, Bengaluru, is modified and maintenance is enhanced from Rs.5,000/- to Rs.7,000/- per month. (ii) Accordingly, the writ petition is disposed of. (iii) All IAs., in this petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE YN List No.: 1 Sl No.: 11 CT: BHK