- 1 - HC-KAR NC: 2025:KHC:29435 WP No. 12465 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JULY, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 12465 OF 2023 (GM-FC) BETWEEN: MR VICKY SHARMA @ ARYAN SHARMA S/O MR. JAGDISHRAJ SHARMA AGED ABOUT 42 YEARS R/AT NO.C-11, KAMLESHWARI, SATHYAM VIHAR, NAVNEET SOCIETY, NARENDRA NAGAR, NAGPUR, MAHARASHTRA - 440 015 ALSO AT R/AT 116/5, CHANDA NAGAR, NEAR NANAK VIHAR, CHANDANAGAR, DEHRADUN, UTTARAKHAND - 248 001 …PETITIONER (BY SRI. BHARGAV G.,ADVOCATE) AND: MRS. MANISHA SHARMA D/O MR. SUNIL KUMAR GUPTA, AGED ABOUT 42 YEARS R/AT FLAT NO. 2094, SOBHA CARNATION, OUTER RING ROAD, BELLANDUR, BENGALURU - 560103. …RESPONDENT (BY SRI. VIJETHA R NAIK.,ADVOCATE) THIS WRIT PETITION IS FILED UNDER SECTION 227 PRAYING TO QUASH THE IMPUGNED ORDER DATED 26/08/2022 PASSED BY THE I ADDL PRL JUDGE, FAMILY COURT, BENGALURU IN G AND WC NO. 175/2017 ON IA NOS 8 AND 9 VIDE ANNEXURE-A. Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:29435 WP No. 12465 of 2023 THIS PETITION, COMING ON FOR HEARING ON IA, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER Aggrieved by the order dated 26.08.2022 passed on I.A.Nos.8 and 9 in G & WC No.175/2017 by the Principal Judge, Family Court, Bengaluru, whereby the Court had directed the father to pay the entire educational expenses of the child and also directed to pay maintenance of an amount Rs.20,000/- per month regularly until further orders. The respondent/mother had filed the applications i.e., I.A.Nos.8 and 9. One is to pay the amount Rs.12,14,870/- and the other is for Rs.20,000/- per month as maintenance. The Court had directed the father to pay the amounts. This Court had perused the order that is passed by the Family Court. Except stating that it is the responsibility of the father to take care of the child, nothing has been discussed by the Court. The Court had failed to discuss about the financial capacity of the father and the financial capacity of the mother. 2. Learned counsel appearing for the petitioner submits that the mother is earning an amount of Rs.4,50,000/- - 3 - HC-KAR NC: 2025:KHC:29435 WP No. 12465 of 2023 per month and his salary is Rs.6,00,000/- per annum and the Court without considering all these had passed the order. 3. Learned counsel appearing for the respondent submits that from the last 2 months she is out of the job and it is because of the acts of the father. It is submitted that in the year 2022 when the order is passed she is joined for Rs.2,00,000/- and before she lost the job, her salary was Rs.4,50,000/-. It is submitted that now she is unemployed. 4. Having heard the learned counsels on both the sides, perusal the material on record. This order is passed in the year 2022. In the year 2022, the mother's income is Rs.4,50,000/- per month and she is seeking Rs.20,000/- maintenance to the child and asking the entire educational expenses to be paid by the father. When such an application is filed, the Court ought to have considered that what is the income of the father, what is the income of the mother and what should be the contribution of both the parties to the child. The Court has failed to consider any of these aspects and simply considering the fact that he is the father and he has the responsibility had directed the father to pay the amount. The - 4 - HC-KAR NC: 2025:KHC:29435 WP No. 12465 of 2023 said order cannot be sustained and in fact, the Court had failed to follow the guidelines issued by the Hon'ble Apex Court in the case of Rajnesh Vs. Neha & Another1. In that view of the matter, this Court feels that the order of the Family Court as far as granting the educational expenses needs to be set aside, whereas, the amount of Rs.20,000/- that is ordered by the Court shall be paid. Accordingly, this Court is passing the following: ORDER (i) The order dated 26.08.2022 passed on I.A.Nos.8 and 9 in G & WC No.175/2017 by the Principal Judge, Family Court, Bengaluru is set aside as far as the educational expenses are concerned and the matter is remanded back to the Family Court. (ii) Both the parties shall file their respective statements of assets and liabilities as illustrated by the Hon'ble Apex Court in Rajnesh Vs. Neha & Another, within one month from the date of receipt of the copy of this order and within one month from thereon, the Family Court shall decide the applications. 1 AIR 2021 SC 569 - 5 - HC-KAR NC: 2025:KHC:29435 WP No. 12465 of 2023 (iii) As far as maintenance of an amount of Rs.20,000/- is concerned, the petitioner shall continue to pay the same. The arrears, if any, shall be paid within a period of eight weeks. (iv) Accordingly, the Writ Petition is disposed of. (v) All IAs., in this petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE KA List No.: 1 Sl No.: 14