- 1 - HC-KAR NC: 2025:KHC:34762 W.P. No.17649/2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO.17649/2025 (GM-FC) BETWEEN: PINAL DEY S/O PRADIP KUMAR DEY AGED ABOUT 36 YEARS PRESENTLY RESIDING AT NO.405 D-BLOCK, VDB CELADON JAKKUR MAIN ROAD OLD TOWN YELAHANKA BENGALURU 560064. PERMANENT RESIDENT OF FLAT NO.108, VERTEX VENEZIA 215/3, VINAYAKANAGAR VARTHUR GUNJUR ROAD, WHITEFIELD BENGALURU - 573126. …PETITIONER (BY SRI. AKASH R. RAO, ADV.,) AND: SMT. BEAUTY SINHA D/O DEV NARAYAN SINHA AGED ABOUT 30 YEARS R/AT. NO.23/B, 2ND CROSS JANATA COLONY MARIYAPPANA PALYA BENGALURU UNIVERSITY BENGALURU - 560056. …RESPONDENT (BY SRI. AMEENULLA N.K. ADV.,) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER Digitally signed by ARSHIFA BAHAR KHANAM Location: High Court of karnataka - 2 - HC-KAR NC: 2025:KHC:34762 W.P. No.17649/2025 DATED 25.04.2025 VIDE ANNEXURE -P IN CRL. MISC NO.531/2022 PASSED BY THE HON'BLE VI ADDL. PRL. JUDGE FAMILY COURT BENAGALURU UPON THE APPLICATION UNDER SECTION 125 OF CODE OF CRIMINAL PROCEDURE & ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER Aggrieved by the order dated 25.04.2025 in I.A.No.2 in Crl.Misc.No.531/2022 passed by the VI Additional Principal Judge, Family Court, Bengaluru, whereby the Court below has granted Rs.35,000/- as maintenance to the wife and the daughter, the husband is before this Court. 2. The parties are referred to as husband and wife for the sake of convenience. 3. Admitted facts in this case are that the wife is not working, the husband's salary is Rs.1,85,000/-. It is the case of the husband that a substantial amount of Rs.1,00,000/- is paid towards the EMI, and also he has to take care of his old aged parents and also he is paying the amounts towards the medical expenses of both the parents. It is further submitted that he has paid several amounts and the Court below had passed an - 3 - HC-KAR NC: 2025:KHC:34762 W.P. No.17649/2025 order, wherein the Court below has directed the petitioner/husband to pay arrears of maintenance within three months from the date of the order. 4. The submission of the learned counsel for the petitioner/husband is that he has already paid certain amounts. Now by virtue of the order of the Court below, those amounts, which were already paid by the husband, are not at all looked into by the Court below and his apprehension is that he may have to pay the entire amount. The order of the court below is without even deducting the amounts that are already paid, he is made to pay Rs.35,000/- per month. 5. Learned counsel appearing for the respondent/wife submits that the Court below, considering the financial capacity of the husband, has rightly granted an amount of Rs.35,000/- per month towards the maintenance and there are no reasons to interfere. 6. Having heard the learned counsel on either side, perused the entire material on record. Considering the income of the husband and looking at his financial capacity, the Court - 4 - HC-KAR NC: 2025:KHC:34762 W.P. No.17649/2025 below had rightly granted an amount of Rs.35,000/- per month towards interim maintenance and no interference is called for. 7. Then coming to the contention of the learned counsel for petitioner/husband with regard to the amounts paid, the order of the Court is very clear that the amount is Rs.35,000/- per month. If any amount that is paid by the husband, the same has to be deducted and the remaining amount has to be paid as per the order of the Court. 8. Insofar as arrears of maintenance are concerned, both the parties shall file their memo of calculation within 10 days from the date of this order before the Court below and basing on that within one (01) month from that date the Court below shall determine about what are the arrears and thereafter within one month from the date of determination of arrears, the petitioner/husband shall pay the arrears of maintenance and shall continue to pay the regular maintenance by 10th of every month. Accordingly, the writ petition is disposed of. - 5 - HC-KAR NC: 2025:KHC:34762 W.P. No.17649/2025 Pending I.As., if any, in this writ petition shall stand closed. Sd/- (LALITHA KANNEGANTI) JUDGE BSR List No.: 1 Sl No.: 16