- 1 - HC-KAR NC: 2025:KHC:41010 RPFC No. 256 of 2024 C/W RPFC No. 259 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI REV.PET FAMILY COURT NO. 256 OF 2024 C/W REV.PET FAMILY COURT NO. 259 OF 2025 IN RPFC No. 256/2024 BETWEEN: MOHAMMAD TOUSIF S/O MOHAMMED HASHAM AGED ABOUT 38 YEARS, R/AT 11TH B CROSS, BEHIND PARK, KHADAR NAGARA, BATWADI, TUMAKURU- 572 103. …PETITIONER (BY SRI. SRINIVAS N., ADVOCATE) AND: KUSHNUDA BANU W/O MOHAMMED TOUSIF AGED ABOUT 30 YEARS, R/AT NEAR KANNIKA SCHOOL, MELEKOTE ROAD, TUDA LAYOUT, TUMAKURU- 572 103. …RESPONDENT (BY SMT. HALEEMA AMEEN, ADVOCATE) Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:41010 RPFC No. 256 of 2024 C/W RPFC No. 259 of 2025 THIS RPFC IS FILED UNDER SEC.19(4) OF FAMILY COURTS ACT., AGAINST THE ORDER DATED 19.10.2024 PASSED IN CRL. MISC NO.213/2022 ON THE FILE OF PRINCIPAL JUDGE, FAMILY COURT, TUMAKURU., PARTLY ALLOWING THE PETITION FILED UNDER SEC.125 OF Cr.P.C., FOR MAINTENANCE. IN RPFC NO. 259/2025 BETWEEN: KUSHNUDA BANU W/O MOHAMMAD TOUSIF, AGED ABOUT 31 YEARS, RESIDING NEAR KANNIKA SCHOOL, MELEKOTE ROAD, TUDA LAYOUT, TUMKURU- 572 101. ...PETITIONER (BY SMT. HALEEMA AMEEN., ADVOCATE) AND: MOHAMMAD TOUSIF S/O MOHAMMAD HASHAM, AGED 39 YEARS, RESIDING AT 11TH CROSS, BEHIND PARK, KHADAR NAGARA, BATAWADI, TUMKUR- 572 103. ...RESPONDENT (BY SRI. SRINIVAS N., ADVOCATE) THIS RPFC IS FILED UNDER SEC.19(4) OF FAMILY COURTS ACT., AGAINST THE ORDER DATED 19.10.2024 PASSED IN CRL.MISC NO.213/2022 ON THE FILE OF PRL. JUDGE, FAMILY COURT, TUMAKURU., PARTLY ALLOWING - 3 - HC-KAR NC: 2025:KHC:41010 RPFC No. 256 of 2024 C/W RPFC No. 259 of 2025 THE PETITION FILED UNDER SEC.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 ORAL ORDER Aggrieved by the order passed in Crl.Misc.No.213/2022 dated 19.10.2024 by the Principal Judge, Family Court, Tumakuru, whereby the Family Court had granted maintenance of an amount of Rs.9,000/- to the wife, both the wife and husband are before this Court. 2. The wife's petition is RPFC.No.259/2025 and the husband's petition is RPFC No.256/2024. 3. It is a case of the wife that she has filed a petition under Section 125 of Cr.P.C seeking monthly maintenance of Rs.50,000/- from the husband. It is stated that the marriage was solemnized on 30.05.2021. The husband has taken the wife to her parents house and left her there - 4 - HC-KAR NC: 2025:KHC:41010 RPFC No. 256 of 2024 C/W RPFC No. 259 of 2025 and thereafter he has not come back and filed O.S.No.18/2022 seeking divorce. It is stated that the husband is running a medical shop in the name of Star Medicals and he is earning an amount of Rs.1,00,000/- per month. 4. It is the case of the husband that his monthly turnover of the business is Rs.30,000/- and out of which he is getting 20% profit which comes to Rs.7,000/- to Rs.8,000/- per month and out of which he has to pay rents and electricity bill of Rs.3,700/- and remains only Rs.4,300/-. The husband is not getting any such income to pay maintenance to the wife and he is not having any movable or immovable properties. The father of the husband is leading his life on his pension. While leaving the house she has taken all gold ornaments. She is educated and she is in a position to maintain herself. The husband in his objections as well as evidence admits that he is running a medical shop but denied his income. During the course of cross examination of PW.1 on behalf - 5 - HC-KAR NC: 2025:KHC:41010 RPFC No. 256 of 2024 C/W RPFC No. 259 of 2025 of the husband tried to contend that the wife is working in AINN Square water supply company and she is getting salary of an amount of Rs.15,000/- per month . The same was denied by the wife. Further, the husband in his affidavit of assets and liabilities kept the column of occupation and income of the wife as blank. Further, in the cross examination, he admits that the car belongs to him and also admits the B register of the car as per Ex.P.4 and also he is owning a two wheeler. If the husband has no sufficient income, it would not be possible for him to maintain a car as well as a two wheeler. In the cross- examination, he admits that his father is a retired ASI and he is getting pension of Rs.16,000/- and odd per month and it is a case of the fact that if he is getting Rs.40,000/- per month as pension and no material is placed. Considering all these aspects, the Family Court has granted maintenance of an amount of Rs.9,000/- and also litigation expenses of Rs.10,000/-. - 6 - HC-KAR NC: 2025:KHC:41010 RPFC No. 256 of 2024 C/W RPFC No. 259 of 2025 5. Learned counsel appearing for the wife submits that when he is earning an amount of Rs.1,00,000/- and granting maintenance of an amount of Rs.9,000/- is on the lower side. The wife is suffering with certain ailments and she requires money. In fact during the pendency of the petition, the husband has transferred the property in the name of the sister which shows the intention of the husband not to pay the maintenance to the wife. Further, it is submitted that the husband is running a medical shop on the main road and Family Court has also considered that he is having a two wheeler and a four wheeler and only for the purpose of not paying the maintenance. It is his case that he is getting a meager amount. It is further submitted that as per the judgment of the Hon'ble Apex court in the case of 1RAJNESH VS. NEHA, all the documents were not filed by the husband and it is submitted that considering the income of Rs.1,00,000/-, 1 AIR 2021 SC 569 - 7 - HC-KAR NC: 2025:KHC:41010 RPFC No. 256 of 2024 C/W RPFC No. 259 of 2025 this Court may grant the reasonable amount of maintenance to the wife. 6. Learned counsel appearing for the husband submits that as it is stated the monthly turnover itself is Rs.30,000/- and he is getting 20% commission on that sale. But the Family Court had granted an amount of Rs.9,000/- which is on the higher side. It is submitted that the amount of maintenance that is granted by the Family Court needs to be reduced. 7. Having heard learned counsels on either side, perused the materials on record. In the RPFC that is filed by the wife, the husband has not filed his vakalath. However, he has already filed RPFC.No.256/2024 and he is represented by an advocate. In that view of the matter, this Court feels that both the RPFCs have been filed including the same order and already the husband is represented and non-filing of vakalath has no consequences as he is already being heard in - 8 - HC-KAR NC: 2025:KHC:41010 RPFC No. 256 of 2024 C/W RPFC No. 259 of 2025 RPFC.No.256/2024 which is arising out of the very same impugned order. 8. The Hon'ble Apex Court in case of RAJNESH VS.NEHA has issued the guidelines regarding what are all the documents that have to be filed along with the statement of Assets and Liabilities. Conveniently the husband has not filed any of the documents before the Family Court. Even before this Court also to enhance the compensation there is no material. In those circumstances, this Court deems it appropriate to set aside the order impugned and remand the matter back to the Family Court for fresh consideration. Accordingly, this Court is passing the following: ORDER i. The order passed in Crl.Misc.No.213/2022 dated 19.10.2024 by the Principal Judge, Family Court, Tumakuru is set aside and - 9 - HC-KAR NC: 2025:KHC:41010 RPFC No. 256 of 2024 C/W RPFC No. 259 of 2025 the matter is remanded back to the Family Court for fresh consideration. ii. Within 15 days from the date of receipt of the copy of the order, both the parties shall file their respective statement of Assets and Liabilities as per the judgment of the Hon'ble Apex Court in the case of Rajnesh Vs. Neha. iii. The Family Court shall consider the same and pass appropriate orders within 4 months from the date of filing of the statement of Assets and Liabilities. iv. Till the said application is decided, the husband shall continue to pay an amount of Rs.9,000/- per month as maintenance including arrears to the wife. If the husband fails to pay the amount as per the order till now, the wife is at liberty to file the execution petition. v. Accordingly, RPFC No.256 of 2024 c/w RPFC No. 259 of 2025 are disposed of. - 10 - HC-KAR NC: 2025:KHC:41010 RPFC No. 256 of 2024 C/W RPFC No. 259 of 2025 vi. All IAs pending, if any, shall also stand closed. SD/- (LALITHA KANNEGANTI) JUDGE RJ List No.: 4 Sl No.: 3