Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:34825 WP No. 16448 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 16448 OF 2023 (GM-FC) BETWEEN:
ARITRA BANERJEE S/O LATE ASHIM KUMAR MANERJEE AGED 35 YEARS R/AT NO.205, BALAJI AAVAAS CHANANSANDRA MAIN ROAD NEAR HOPE FARM SIGNAL WHITEFIELD BANGALORE - 560 066 …PETITIONER (BY SRI. K.S. KARTHIK KIRAN, ADVOCATE FOR SRI. KAPIL DIXIT, ADVOCATE) AND:
RUPALI SARKAR W/O ARITRA BANERJEE AGED ABOUT 29 YEARS R/AT NO.22/1 SRI VENKATESHWARA NILAYA ASHOK NAGAR BANGALORE - 560 025 …RESPONDENT (BY SRI. CHETAN DESAI, ADVOCATE)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED
ORDER DATED 28.06.2023 UPON IA.NO.5 IN M.C.NO.5453/2021 PASSED BY THE HONBLE VI ADDL FAMILY JUDGE, BANGALORE AND REDUCE THE QUANTUM OF MAINTENANCE PASSED IN ORDER DATED
Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:34825 WP No. 16448 of 2023
28.06.2023 UPON IA NO.5 IN MC NO.5453/2021, FROM RS.25,000/- TO RS.5,000/- 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
Aggrieved by the
order passed in I.A.No.V in MC.No.5453/2021 dated 28.06.2023 by the VI Additional Principal Judge, Family Court, Bengaluru whereby the Family Court had granted maintenance of an amount Rs.25,000/- per month to the wife and one time litigation expenses of an amount of Rs.20,000/-, the husband is before this Court. 2. The parties are referred to as husband and wife for the sake of convenience. 3. Learned counsel appearing for the husband submits that the wife is earning an amount of Rs.35,840/- per month and all the expenses that are given by her shows that it is around Rs.44,000/- per month and why she wants Rs.1,00,000/- as maintenance is not known. It is submitted that claiming Rs.1,00,000/- as maintenance itself shows the
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HC-KAR NC: 2025:KHC:34825 WP No. 16448 of 2023
conduct of the wife. It is submitted that the Husband has filed the MC on the ground of cruelty and adultery and when he is alleging that the wife is living in adultery, she is not entitled for maintenance. He submits that in his Statement of Assets and Liabilities, he has shown that an amount Rs.1,30,000/- is his expenses and he is left with a very meager amount and the Family Court without any basis had granted an amount of Rs.25,000/- as maintenance. 4. Learned counsel appearing for the respondent/wife submits that the Family Court had rightly granted maintenance of an amount of Rs.25,000/- and there are no grounds to interfere. It is submitted that when the husband is earning an amount of Rs.1,59,000/- and the Family Court had granted an amount of Rs.25,000/-, the husband ought not to have challenged the same. It is submitted that the wife is facing lot of hardship. She has borrowed the loans. She is not self sufficient and not able to support herself with the income she has to repay the said loans. The Family Court had rightly considered and granted an amount of Rs.25,000/- as maintenance. - 4 -
HC-KAR NC: 2025:KHC:34825 WP No. 16448 of 2023
5. Having heard learned counsels on either side, perused the material on record. This Court has perused the expenditure. It is coming around Rs.44,000/- per month. Her income is Rs.35,840/- per month. No doubt she has stated in her Statement of Assets and Liabilities about the hand loans that she has taken from her friends.
Considering all these, this Court in the interest of both the parties passing the following:
ORDER i. The order passed in I.A.No.V in MC.No.5453/2021 dated 28.06.2023 by the VI Additional Principal Judge, Family Court, Bengaluru is modified and maintenance amount of Rs.25,000/- p.m. is reduced to Rs.20,000/- per month from the date of application filed seeking maintenance. ii. As far as the litigation expenses are concerned this Court is not interfering. iii. Accordingly, the writ petition is disposed of. iv. All pending I.As in the writ petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE
RJ, List No.: 2 Sl No.: 1, CT-SG