- 1 - HC-KAR NC: 2025:KHC:36265 WP No. 18107 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO.18107 OF 2025 (GM-FC) BETWEEN: SRI. ANOOP KUMAR S., S/O SHANTHAKUMAR, AGED ABOUT 37 YEARS, R/AT NO.7653, 1ST MAIN ROAD, 2ND PHASE, VIJAYANAGARA, 4TH STAGE, BEHIND KARNATAKA BANK, MYSURU – 570 017 …PETITIONER (BY SRI. RUPESH KUMAR S, ADVOCATE) AND: 1. SMT. DIVYASHREE J. N., W/O ANOOPKUMAR S., D/O NANJAIAH, 2. VIHAN A. D/O ANOOPKUMAR S., AGED ABOUT 5 YEARS, RESPONDENT NO.2 BEING MINOR REP BY HER NATURAL GUARDIAN, MOTHER, RESPONDENT NO.1 BOTH ARE R/AT NO.94, 65TH CROSS, E & F BLOCK, RAMAKRISHNA NAGARA, MYSURU – 570 017 …RESPONDENTS (BY SRI. K. A. CHANDRASHEKARA, ADVOCATE) Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:36265 WP No. 18107 of 2025 THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO a) CALL FOR THE RECORDS FROM THE COURT OF THE I ADDITIONAL PRINCIPAL JUDGE FAMILY COURT AT MYSURU, IN CRL. MISC. NO.994/2024 AND EXAMINED THE LEGALITY, CORRECTNESS AND REASONABLENESS OF THE ORDER ON I.A.2/2024 UNDER SECTION 144(2) OF BNNS ACT DATED 19.05.2025 PASSED BY THE 1 ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT AT MYSURU, AT ANNEXURE-A; b) ISSUE SUCH OTHER DIRECTION/S, ORDER/S AS DEEMED FIT TO PASS UNDER THE FACTS AND CIRCUMSTANCES OF THE CASE IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER Aggrieved by the orders passed on IA No.II in Crl.Misc.No.994/2024 dated 19.05.2025 by the Court of I additional Principal Judge, Family Court, Mysuru, the husband is before this Court questioning the quantum of maintenance that is granted by the Family Court i.e., Rs.25,000/- to the son and the mother. - 3 - HC-KAR NC: 2025:KHC:36265 WP No. 18107 of 2025 2. Learned counsel appearing for the petitioner/father submits that the Family Court without considering the fact that the wife is earning and in spite the father paying the school fees, the mother is not sending the child to the school, had granted maintenance of an amount of Rs.25,000/- p.m. which is on the higher side. Learned counsel had drawn the attention of the Court to the school records which shows that the boy was not sent to the school regularly. It is submitted that when he has placed before the Court the chats between the wife and the other person to show that she is working, the Family Court had failed to consider the same. It is submitted that the amount of maintenance that is granted by the Family Court is on the higher side and the same needs to be reduced. 3. Having heard the learned counsels either side, perused the material on record. The wife had filed the petition seeking maintenance of an amount of Rs.50,000/- p.m. The admitted facts are that there is no dispute with - 4 - HC-KAR NC: 2025:KHC:36265 WP No. 18107 of 2025 regard to the relationship and the husband is earning an amount of Rs.1,13,000/- p.m.. According to the husband, wife is also earning. For that, he has relied on the chat between the wife and some other person. Apart from that, there is no other evidence on record and his case is that the wife is not sending the child to the school. It is also undisputed fact that already G. & W. C. filed seeking custody. Any of the things that are relating to the child can be brought to the notice of the Court that the welfare of the child is not being with the custody of the mother. This Court is not going into those issues. When the salary of the petitioner is Rs.1,13,000/- and the Court had awarded an amount of Rs.25,000/-, this Court do not find any reasons to say how it is on the higher side. Accordingly, this Court is passing the following: ORDER (i) The order dated 19.05.2025 passed on IA No.II in Crl.Misc.No.994/2024 by the Court of I additional Principal Judge, Family Court, Mysuru is modified holding that the maintenance of an - 5 - HC-KAR NC: 2025:KHC:36265 WP No. 18107 of 2025 amount of Rs.25,000/- p.m. is reduced to Rs.20,000/- p.m. (ii) All other contentions are left open for the petitioner/husband to raise before the Court. (iii) Accordingly, the Writ Petition is disposed of. (iv) All IAs., in this petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE RJ