- 1 - HC-KAR NC: 2025:KHC:29414 WP No. 29306 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JULY, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 29306 OF 2023 (GM-FC) BETWEEN: 1. MRS. ASHWINI KUNDARAGIMATH W/O MR. SANDEEP YALAWARAMATH AGED ABOUT 33 YEARS PRESENTLY R/A FLAT NO. 103, BLOCK NO. 21, RK APARTMENT HOYSALA NAGAR, RAM MURTHY NAGAR BANGALORE- 560 016 2. MS. ANVITHA YALAWARAMATH D/O MR. SANDEEP YALAWARAMATH AGED ABOUT 4 YEARS PRESENTLY R/A FLAT NO. 103, BLOCK NO.21, RK APARTMENT HOYSALA NAGAR, RAM MURTHY NAGAR BANGALORE -560 016 …PETITIONERS (BY SMT.SONIA RAJESH, ADVOCATE) AND: MR. SANDEEP YALAWARAMATH AGED ABOUT 30 YEARS S/O MR. SHIVANANDA YALAWARAMATH PRESENTLY R/A HOUSE NO. 1274 WARD NO.02, OM NILAYA NANDI NAGAR, BILGI BAGALKOT -587 116 …RESPONDENT (BY SRI. SANKANATTI RAVEENDRA BASAVANTAPPA, ADVOCATE) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO MODIFY THE ORDER DATED 18.11.2023 IN IA.NO.3 PASSED BY THE VI ADDL. PRINCIPAL JUDGE Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:29414 WP No. 29306 of 2023 FAMILY COURT BANGALORE IN CRIMINAL MISCELLANEOUS NO. 633/2022 IN AWARDING MEAGER MONTHLY INTERIM MAINTENANCE OF RS.5,000/- TO PETITIONER NO. 2 AND RS.10,000/- TOWARDS LITIGATION EXPENSES AND TO ENHANCE THE INTERIM MONTHLY MAINTENANCE AWARDED TO THE PETITIONERS, VIDE ANNEXURE-A. 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.III in Crl.Misc.No.633/2022 dated 18.11.2023 by the VI Additional Principal Judge, Family Court, Bengaluru, whereby the Family Court had granted interim maintenance of an amount of Rs.5,000/- to the daughter and rejected the claim of the wife, the wife is before this Court. 2. The parties are referred to as husband and wife for the sake of convenience. 3. The wife had filed I.A.No.III seeking monthly maintenance of an amount of Rs.80,000/- to herself and her daughter and also litigation expenses of an amount of Rs.1,00,000/-. The Family Court had granted an amount of Rs.5,000/- per month to the daughter and rejected the claim of the wife. Aggrieved thereby, the wife is before this Court - 3 - HC-KAR NC: 2025:KHC:29414 WP No. 29306 of 2023 seeking enhancement of the maintenance granted to the child as well as seeking maintenance for herself. It is the case of the wife that the husband is working as Technical Consultant at Sonata Softwares Pvt. Ltd. and he is earning an amount of Rs.1,00,000/- per month. Though she has been working, it is the duty of the husband to take care of his family, but he has failed do so. In spite of the fact that the wife is working, she is still not able to meet both ends and she has sought for maintenance of an amount of Rs.80,000/- per month. 4. The husband has filed his statement of objections stating that the salary of the wife is more than an amount of Rs.1,50,000/- per month and her father is also financially capable and she is not entitled for any maintenance. The husband in his affidavit of disclosure of assets and liabilities has shown his parents as his dependents and requires an amount of Rs.1,16,499/- towards their maintenance. 5. Considering the fact that the income of the wife is an amount of Rs.84,000/- per month and the income of the husband is an amount of Rs.1,00,000/- had directed the husband to pay maintenance of an amount of Rs.5,000/- per - 4 - HC-KAR NC: 2025:KHC:29414 WP No. 29306 of 2023 month for the daughter and litigation expenses of an amount of Rs.10,000/-. 6. Learned counsel appearing for the petitioner/wife submits that even though the wife is earning, it is the responsibility of the husband to take care of the family. When the husband's salary is an amount of Rs.1,00,000/- and the wife's salary is an amount of Rs.84,000/- per month, the Family Court had refused the case of the wife and granted meager amount of Rs.5,000/- as monthly maintenance. It is submitted that the Family Court ought to have considered the requirements of the child and the financial capacity of the husband. It is submitted that the wife is entitled for maintenance and the maintenance of an amount Rs.5,000/- that is granted by the Family Court needs to be enhanced. 7. Learned counsel appearing for the respondent/husband submits that though he is earning an amount Rs.1,00,000/-, he has to take care of his elderly parents and also he is paying an amount Rs.4,300/- towards the life insurance of the child and already the Family Court had granted maintenance of an amount of Rs.5,000/- per month to the daughter. It is - 5 - HC-KAR NC: 2025:KHC:29414 WP No. 29306 of 2023 submitted that the wife has joined the child in another school where the fees runs into lakhs and it is not in the husband's financial capacity to pay such a huge amount. It is submitted that an amount of Rs.5,000/- that is granted by the Court is reasonable maintenance and no interference is called for. 8. Having heard the learned counsels on either side, perused the entire material on record. The undisputed facts are that the husband's income is an amount of Rs.1,00,000/- and the wife's income is an amount of Rs.84,000/-. The child is taken care of by the wife. According to the husband, he is paying an amount of Rs.4,300/- towards life insurance of the child and the Family Court had also granted an amount of Rs.5,000/- per month and the wife is also earning an amount of Rs.84,000/- per month and it is the case that she had deserted the husband. None of the submissions made by the learned counsel for the husband can be considered by this Court. If the wife has deserted the husband and if she is not staying with him, all these aspects would be considered by this Court if the maintenance was awarded to the wife. Now, when the maintenance is granted to the daughter, that cannot be the - 6 - HC-KAR NC: 2025:KHC:29414 WP No. 29306 of 2023 consideration for determining the maintenance. When the husband is earning an amount of Rs.1,00,000/-, he has an obligation to take care of the child which he has failed to discharge. The submission that the wife is earning and her father is financially sound are not the reasons for the Court to consider. As far as the wife's maintenance is concerned, the Family Court had rightly held that she is not entitled for maintenance and this Court finds no reason to interfere. Hence, this Court is passing the following order: ORDER i. The order passed in I.A.No.III in Crl.Misc.No.633/2022 dated 18.11.2023 by the VI Additional Principal Judge, Family Court, Bengaluru, is modified and the maintenance granted to the child is enhanced from an amount of Rs.5,000/- to Rs.20,000/- per month. ii. Accordingly, the writ petition is partly allowed. iii. Any of the observations that are made by this Court are only for the purpose of deciding the I.A. and the Family Court shall decide the main petition uninfluenced by any of the observations of this Court. - 7 - HC-KAR NC: 2025:KHC:29414 WP No. 29306 of 2023 iv. All I.As. in this petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE MEG List No.: 1 Sl No.: 4