- 1 - HC-KAR NC: 2025:KHC:28745 WP No. 24800 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JULY, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 24800 OF 2023 (GM-FC) BETWEEN: SMT. M. ANANDI @ JAGADHISHWARI W/O. R. DEVAN, AGED ABOUT 45 YEARS, R/AT NO. 251, 10TH CROSS, SARASWATHI NAGAR, NAGARABHAVI MAIN ROAD, BANGALORE - 560 040. …PETITIONER (BY SRI. S.V. PRAKASH, ADVOCATE) AND: R. DEVAN S/O. LATE V. M. RATHINAM, AGED ABOUT 48 YEARS, PRESENTLY R/AT DOOR NO. 22, MARIYAMMA TEMPLE OPPOSITE, NEAR ST. ANNES SCHOOL, 4TH CROSS, RAMAMURTHYNAGAR, BANGALORE - 560 016. …RESPONDENT (BY SRI. ABHISHEK N.V, ADVOCATE) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO a) QUASH THE ORDER DATED 14/09/2023 PASSED BY THE COURT OF LEARNED IV ADDL. PRINCIPAL JUDGE, FAMILY COURT, BENGALURU ON I.A. NO. V FILED UNDER SECTION 24 OF HINDU MARRIAGE ACT, 1955 IN M.C. NO. 5327/2021 DIRECTING THE RESPONDENT TO PAY INTERIM MAINTENANCE TO THE PETITIONER AT THE RATE OF RS. 6,000/- FOR PETITIONER AND RS. 2,000/- EACH PER MONTH FOR HER CHILDREN TOWARDS EDUCATIONAL EXPENSES OF CHILDREN TOWARDS MAINTENANCE PER MONTH FROM THE DATE OF Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:28745 WP No. 24800 of 2023 APPLICATION TILL THE DISPOSAL OF THE PETITION AND LITIGATION EXPENSES OF RS. 20,000/- IN M.C. NO 5327/2021 PRODUCED AS ANNEXURE-K TO THE WP 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 orders dated 14.09.2023 passed on I.A.No.V in M.C. No. 5327/2021 by the Court of IV Addl. Principal Judge, Family Court, Bengaluru, the wife is before this Court seeking enhancement of the maintenance. The Court had granted maintenance of an amount of Rs.6,000/- and educational expenses of Rs.4,000/-. Altogether an amount of Rs.10,000/- is granted. 2. It is the case of the wife that the husband is getting pension of Rs.19,140/- and also getting a salary of Rs.57,248.50. The Court had considered the entries in the wife's account i.e. Rs.18,164/- to Rs.23,500/- on different months, had come to the conclusion that she has suppressed the fact that she is working and had not granted the maintenance to her and granted the maintenance to the children. - 3 - HC-KAR NC: 2025:KHC:28745 WP No. 24800 of 2023 3. Learned counsel appearing for the wife submits that when the husband is earning around Rs.70,000/- and odd, the Court ought not to have granted the maintenance of an amount of Rs.10,000/-, which is on the lower side. 4. Learned counsel appearing for the respondent submits that when both the children are major, they are not entitled for maintenance. As on the date of the application, already one daughter is major, now the other daughter also might have become a major. It is submitted that in M.C., under Section 24 of the Hindu Marriage Act, question of granting maintenance to the children will not arise. However, he does not dispute the fact that they have not questioned the order impugned. It is submitted that though the salary of the husband is Rs.57,248/-, but the take home salary is Rs.36,496.50. The Court had rightly considered the income of the wife and rightly not granted maintenance to the wife and granted maintenance only to the children. He submits that no interference is called for the said order. 5. Having heard the learned counsels on either side, perused the material on record. The husband has not - 4 - HC-KAR NC: 2025:KHC:28745 WP No. 24800 of 2023 questioned the order of the Family Court and the contentions with regard to the application under Section 24 of the Hindu Marriage Act is not maintainable, the daughters cannot seek maintenance. This Court is not going in to those question. If both of them are residing together, it is the responsibility of both of them and whoever is earning will take care of the needs of the children. So when the wife is not in a position to maintain herself and the children, then the husband has to take care of them. Even considering the take home salary and the pension that is getting as being an ex-service man, still the amount of Rs.10,000/- i.e., granted by the Court as maintenance is on the lower side. As far as the entitlement of the mother is concerned, the Court considering the entries in her bank account, had not granted the maintenance. Learned counsel for the petitioner drawing the attention of the Court to the particular statement. It is submitted that it is a joint account and from the joint account, he has drawn and Court had recorded as if it is her independent income. In view of the same, the wife is also entitled for maintenance. Hence, this Court is passing the following: - 5 - HC-KAR NC: 2025:KHC:28745 WP No. 24800 of 2023 ORDER (i) The order dated 14.09.2023 passed on I.A.No.V in M.C.No.5327/2021 by the Court of IV Addl. Principal Judge, Family Court, Bengaluru is hereby modified enhancing the maintenance to an amount of Rs.20,000/- i.e., Rs.10,000/- to the wife and Rs.5,000/- each to the daughters from Rs.10,000/-. (ii) Accordingly, the Writ Petition is disposed of. (iii) All IAs., in this petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE KA List No.:1 Sl. No.: 129 CT: BHK