- 1 - HC-KAR NC: 2025:KHC:42468 RPFC No. 171 of 2025 C/W RPFC No. 264 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI REV.PET FAMILY COURT NO. 171 OF 2025 C/W REV.PET FAMILY COURT NO. 264 OF 2025 IN RPFC No. 171/2025 BETWEEN: 1. SUBBAIAH @ SATHISH S/O MUNNERA VISHWANATH, AGED ABOUT 39 YEARS, R/O HARIHARA VILLAGE, KUNDUR POST, PONNAMPET TALUK, COORG DISTRICT - 571 201 …PETITIONER (BY SRI. GIRISH B. BALADARE, ADVOCATE) AND: 1. DIVYA @ K P SOWMYA W/O SUBBAIAH @ SATHISH, D/O PRAKASH K.K., AGED ABOUT 31 YEARS 2. MASTER KISHAN, S/O SUBBAIAH @ SATHISH, AGED ABOUT 4 YEARS, SINCE MINOR, PETITIONER NO.2 IS REPRESENTED BY HIS MOTHER AND NATURAL GUARDIAN Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:42468 RPFC No. 171 of 2025 C/W RPFC No. 264 of 2025 PETITIONER NO.1 - DIVYA @ K P SOWMYA BOTH ARE R/O 3RD CROSS, BULB FACTORY ROAD, GOWRIKALUVE, CHIKKAMAGALURU DISTRICT - 577 101 …RESPONDENTS (BY SRI. MALATESH H., ADVOCATE FOR R1 R2 IS MINOR REPRESENTED BY R1) THIS RPFC IS FILED UNDER SECTION 19(4) OF FAMILY COURTS ACT, AGAINST THE ORDER DATED 05.02.2025 PASSED IN CRL.MISC.NO.142/2023 ON THE FILE OF THE PRINCIPAL JUDGE, FAMILY COURT, CHIKKAMAGALURU, PARTLY ALLOWING THE PETITION FILED UNDER SECTION 125 OF Cr.P.C FOR MAINTENANCE. IN RPFC NO. 264/2025 BETWEEN: 1. SMT DIVYA @ K P SOWMYA W/O SUBBAIAH @ SATHISH D/O PRAKASH K.K. AGED ABOUT 31 YEARS WORKING AS HOUSE WIFE 2. MASTER KISHAN S/O SUBBAIAH @ SATHISH AGED ABOUT 4 YEARS SINCE MINOR, PETITIONER NO.2 REP. BY HIS MOTHER AND NATURAL GUARDIAN PETITIONER NO.1 BOTH ARE R/AT 3RD CROSS, - 3 - HC-KAR NC: 2025:KHC:42468 RPFC No. 171 of 2025 C/W RPFC No. 264 of 2025 BULB FACTORY ROAD GOWRIKALUVE, CHIKMAGALURU - 577 101. ...PETITIONERS (BY SRI. MALATESH H., ADVOCATE) AND: 1. MR. SUBBAIAH @ SATHISH S/O. MUNNERA VISHWANATH AGED ABOUT 37 YEARS AGRICULTURIST AND BUSINESS R/O HARIHARA VILLAGE KUNDUR POST, PONNAMPET TQ COORG DISTRICT - 571 216 ...RESPONDENT (BY SRI. GIRISH B. BALADARE, ADVOCATE) THIS RPFC IS FILED UNDER SECTION 19(4) OF FAMILY COURTS ACT., AGAINST THE ORDER DATED 5.02.2025 PASSED IN CRL. MISC NO.142/2023 ON THE FILE OF PRINCIPAL JUDGE, FAMILY COURT, CHIKKAMAGALURU, PARTLY ALLOWING THE PETITION FILED UNDER SECTION 125 OF Cr.P.C, FOR MAINTENANCE. THESE PETITIONS, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI - 4 - HC-KAR NC: 2025:KHC:42468 RPFC No. 171 of 2025 C/W RPFC No. 264 of 2025 ORAL ORDER Aggrieved by the order passed in Crl.Misc.No.142/2023 dated 05.02.2025 by the Principal Judge, Family Court, Chikkamangaluru, whereby the Family Court had granted maintenance of an amount of Rs.9,000/- to the wife and Rs.5,000/- to the child, the husband is before this Court by filing RPFC.No.171/2025 and the wife has filed RPFC.No.264/2025 seeking enhancement of the maintenance. 2. The wife has filed a petition seeking maintenance of an amount of Rs.25,000/- per month. It is the case of the wife that the husband and his father are having 15 acres of coffee estate, 5 acres of areca nut garden land and 5 acres of coconut plantation and earning more than Rs.20 lakh per year and the husband is the only son to his parents and also doing business from which he is earning more than Rs.50,000 per month. He is also having 3 four wheeler vehicles and also owns a house in the coffee estate and wife is not having any source of income. 3. It is the case of the husband that he is working as a part time driver and earning an amount of Rs.6,000/- per - 5 - HC-KAR NC: 2025:KHC:42468 RPFC No. 171 of 2025 C/W RPFC No. 264 of 2025 month and the properties belongs to his father and so far, no share is allotted to him. The Family Court considering the fact that his family owns an extent of more than 25 acres of land had granted maintenance of an amount of Rs.9,000/- to the wife and an amount of Rs.5,000/- to the child. 4. Learned counsel appearing for the husband submits that his income is Rs.6,000/- per month. According to him, there are no properties in his name. It is submitted that the amount of maintenance that is granted by the Family Court is on the higher side and he is not in a position to pay. 5. Learned counsel appearing for the wife submits that the wife and the child have to live with an amount of Rs.14,000/- per month which is on the lower side. It is further submitted that the husband's family is having the properties and he is the only son and they are deriving income of an amount of Rs.45,00,000/- per annum and in those circumstances the Family Court ought to have granted a reasonable amount as maintenance. It is submitted that the revision petition needs to be allowed by enhancing the maintenance. - 6 - HC-KAR NC: 2025:KHC:42468 RPFC No. 171 of 2025 C/W RPFC No. 264 of 2025 6. Having heard the learned counsels on either side, perused the material on record. According to the wife, the husband is earning an amount of Rs.40,000/- to Rs.50,000/- per month and there is no evidence in that regard. However, the husband do not dispute the fact that there are family properties but not in his name. When he is having all these properties why is working as a part time driver is not known and also the said statement is not believable. Considering all these aspects, the Family Court granted maintenance of an amount of Rs.9,000/- to the wife and Rs.5,000/- to the child. This Court finds no reason to reduce the maintenance. When it comes to the enhancement of maintenance, to enhance the maintenance there is no other materials produced before this Court. According this Court is passing the following: ORDER i. Accordingly, the RPFC.No.171/2025 filed by the husband and the RPFC.No.264/2025 filed by the wife are dismissed. - 7 - HC-KAR NC: 2025:KHC:42468 RPFC No. 171 of 2025 C/W RPFC No. 264 of 2025 All I.As pending also stand closed. Sd/- _______________________ JUSTICE LALITHA KANNEGANTI RJ / CT-SG List No.: 3 Sl No.: 4