- 1 - HC-KAR NC: 2025:KHC:27321 WP No. 1031 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JULY, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 1031 OF 2025 (GM-FC) BETWEEN: SMT.SRIVIDYA DUTT W/O SRI PRAKASH KALANJERI BALASUBRAMANIAN AGED ABOUT 43 YEARS R/AT FLAT NO. 103, S.L.V.UNIWORTH CLASSIC 1 STAGE, 4TH BLOCK, 9TH MAIN HBR LAYOUT BENGALURU -560 043 …PETITIONER (BY SRI. ANANTHARAM G.R., ADVOCATE) AND: SRI PRAKSH KALENJERI BALASUBRAMANIAN S/O SRI SUBRAMANIAN AGED ABOUT 50 YEARS R/AT FLAT NO. 201, K.T.ABHIJITH APARTMENTS NATIONAL HIGH SCHOOL ROAD V.V.PURAM BENGALURU -560 050 PRESENTLY RESIDING AT NO. RBT04F0103 RAIN TREE BOULEVARD, BYATRAYANAPURA BELLARY ROAD BENGALURU-560 092 …RESPONDENT (BY SRI. SUHAS H. S., ADVOCATE) Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:27321 WP No. 1031 of 2025 THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR RECORDS IN M.C.NO.304 OF 2019 PENDING ON THE FILED OF THE LEARNED II ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, BENGALURU. 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 order passed in I.A.No.I in M.C.No.304/2019 dated 13.02.2024 by the II Additional Principal Judge, Family Court, Bengaluru, the petitioner/wife is before this Court seeking enhancement of the maintenance granted by the Family Court. 2. The parties are referred to as husband and wife for the sake of convenience. 3. The Family Court by way of order impugned had granted an amount of Rs.30,000/- per month to the wife and son as interim maintenance from the date of application till disposal of the case. 4. Learned counsel for the petitioner/wife submits that the Family Court while passing the order had considered all the - 3 - HC-KAR NC: 2025:KHC:27321 WP No. 1031 of 2025 documents and observed that apart from an amount of Rs.15,000/- per month, the husband is capable and able to pay maintenance of an amount of Rs.30,000/- per month to the wife and the son. It is submitted that it comes to an amount of Rs.45,000/-. It is further submitted that the medical needs of the wife as well as the son are not taken care off by the husband. As he has failed to take care of the needs of the wife and the son, they are facing lot of financial difficulties. The statement of expenditure that is placed before the Family Court is placed before this Court which shows that the average expenditure is an amount of Rs.45,200/- and also stated that Rs.53,000/- is the college fees and other expenses of the child are about Rs.39,000/-. Learned counsel for the petitioner further submits that the Family Court had failed to consider the case of the wife and though the Court had failed to consider the case of the wife, particularly with regard to the medical expenditure, where she had to borrow huge money from her father to pay for the operation and also other medical necessities of the son. It is submitted that when the husband is earning an amount of Rs.4 lakhs and odd per month, there cannot be any difficulty to pay an amount of Rs.1,00,000/- as - 4 - HC-KAR NC: 2025:KHC:27321 WP No. 1031 of 2025 claimed by the wife. It is submitted that the husband has completely neglected to maintain the wife and the son. It is also submitted that the wife had been continuously sending him mails and asking him to pay the amounts and the husband has not reacted to any of the mails which shows the conduct of the husband. It is submitted that the writ petition may be allowed by enhancing the maintenance. 5. Learned Senior counsel appearing for the respondent/ husband submits that the property in which the wife is residing belongs to the husband. Though it is jointly purchased, the entire amount is paid by the husband. It is submitted that the apartment will fetch an amount of Rs.50,000/- as rent. The Family Court had granted maintenance of an amount of Rs.30,000/- per month. Just because he is earning an amount of Rs.4 lakhs and odd does not mean that the husband would be taking care of all the luxuries of the wife. It is submitted that as far as the son is concerned, the father is very much concerned about his welfare and he is ready to take care of the educational expenses of the child, provided that in the future, in any plans with regard to the college and other things, the father should be consulted. It is submitted that the father is - 5 - HC-KAR NC: 2025:KHC:27321 WP No. 1031 of 2025 ready to repay the educational expenses which are already paid by the mother from the year 2025. It is submitted that if the receipts showing that she has already made the payments is given to the husband, the same will be repaid by him. It is submitted that the maintenance that is granted by the Family Court is exorbitant and no further enhancement is required. He submits that the proceedings are initiated in the year 2019 and from thereon, the wife is delaying the matter and in fact, when the wife is seeking enhancement of maintenance and she has sought for stay of all further proceedings, she is making all efforts to see that the proceedings are not concluded. Further, it is submitted that in the Domestic Violence case, she sought for an amount of Rs.2 crores as compensation and that came to be dismissed for default and the same is not restored. In fact, initially an amount of Rs.10,000/- was granted as maintenance. Learned Senior counsel submits that no enhancement is required and the writ petition has to be dismissed. 6. Having heard the learned counsel for the petitioner and the learned Senior Counsel for the respondent, perused the entire material on record. There is no dispute about the income of the husband or about the relationship between the parties. - 6 - HC-KAR NC: 2025:KHC:27321 WP No. 1031 of 2025 The first aspect is with regard to the educational expenses. According to the respondent/husband, right from the year 2024, he has not paid the educational expenses of the son and it is submitted that the husband is ready to pay the educational expenses and to repay what is already paid by the wife, provided that she comes up with the receipts to show that she had paid the said amounts. As far as this aspect is concerned, no orders required to be passed. The wife can submit the receipts before the Family Court and accordingly, looking at the same, the Family Court shall pass appropriate orders. 7. Then coming to the future educational expenses of the son, as rightly argued by the learned Senior counsel for the husband, the husband shall also be made part of the deliberation with regard to how and where the son has to pursue his future career, as it is the husband who is going to bear the expenses. Coming to the maintenance, this Court has perused the statement of expenditure that is placed before this Court i.e., an amount of Rs.45,200/- and other things with regard to the educational expenses of the child. This Court is not inclined to go into that aspect, as it is submitted that the father is ready to take care of the expenses of the son. The - 7 - HC-KAR NC: 2025:KHC:27321 WP No. 1031 of 2025 expenses comes to an amount of Rs.45,200/- according to the wife. As rightly argued by the learned counsel for the petitioner, when the Family Court at paragraph No.12 of the order observed that apart from Rs.15,000/-, the husband is capable and able to pay maintenance of Rs.30,000/- per month to the wife and son, it means it comes to an amount of Rs.45,000/- per month. This particular order is not questioned by the husband which appears that he is not aggrieved by such order. Considering the expenses that are placed before this Court and the fact that the husband has undertaken to bear the educational expenses of the child, this Court deems it appropriate to pass the following order: ORDER i. The order passed in I.A.No.I in M.C.No.304/2019 dated 13.02.2024 by the II Additional Principal Judge, Family Court, Bengaluru, is modified by enhancing the maintenance from an amount of Rs.30,000/- to Rs.40,000/- per month. ii. This M.C. is of the year 2019. Already specific directions are issued to the Family Courts at Bengaluru, to dispose of the matters till 2019 by 15.12.2025. As this M.C. is of the year 2019, the - 8 - HC-KAR NC: 2025:KHC:27321 WP No. 1031 of 2025 Family Court shall dispose of the matter by 15.12.2025. Unnecessary adjournments shall not be granted. iii. Accordingly, the writ petition is disposed of. iv. All I.As. in this writ petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE MEG List No.: 2 Sl No.: 3