- 1 - HC-KAR NC: 2025:KHC:36262 WP No. 2508 of 2023 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.2508 OF 2023 (GM-FC) BETWEEN: SRI. MADHAVA MADHUSUDHAN Y. C. S/O CHANDRAPPA Y. N., AGED ABOUT 39 YEARS AGRICULTURIST YALIYUR GATE, KASABA HOBLI SIRA – 572 137 …PETITIONER (BY SRI. NATARAJA B S, ADVOCATE) AND: SMT. GEETHA M.A. B.ED D/O RAMAIAH W/O MADHAVA MADHUSUDHAN Y. C. AGED ABOUT 36 YEARS, TEACHER/LECTURES, DEPARTMENT OF KANNADA WORKING AT PRESIDENCY PUBLIC SCHOOL AMARAPURA ROAD, JYOTHI NAGARA SIRA TOWN – 572 137 R/A JYOTHI NAGARA SIRA TOWN …RESPONDENT (BY SRI. D. S. JAYARAJ, ADVOCATE) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT OR ORDER FOR QUASH THE ORDER DATED 04.01.2023 IN M.C.NO.69/2021 ON THE FILE OF SENIOR CIVIL JUDGE AND JMFC AT SIRA PRODUCED AT ANNEXURE- H AND PASS SUCH OTHER RELIEF/S DEEMS FIT AND PROPER IN THE CIRCUMSTANCES OF THIS CASE. Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:36262 WP No. 2508 of 2023 THIS PETITION COMING ON FOR FURTHER HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER Aggrieved by the order passed in IA.No.1 in MC.No.69/2021 dated 04.01.2022 by the Senior Civil Judge and JMFC, Sira, whereby the Family Court had granted an amount of Rs.15,000/- towards legal expenses and other expenses per month to the wife, the husband days before this Court. 2. The parties are referred to as husband and wife for the sake of convenience. 3. Learned counsel appearing for the petitioner/husband submits the if it is the legal expenses it has to be one time legal expenses and there cannot be legal expenses an amount of Rs.15,000/-. It is submitted that already in Criminal Miscellaneous the Family Court had granted an amount of Rs.8,000/- to the daughter. It is submitted that the wife is working and earning an amount of Rs.35,000/- and the Family Court without considering all these aspects had granted an - 3 - HC-KAR NC: 2025:KHC:36262 WP No. 2508 of 2023 amount of Rs.15,000/- under legal expenses and other expenses. Learned counsel submits that the almost 80% of his income is granted towards the maintenance which is not permissible. 4. Learned counsel appearing for the respondent/wife submits that the husband has not paid any amount in criminal miscellaneous. It is further submitted that the application is filed for legal and other expenses. Learned counsel has drawn the attention of this Court to the affidavit that is filed wherein it is stated that she has to take care of the child and for the food, shelter and all other legal expenses she wants amount and the Family Court had rightly considered and granted the maintenance. 5. Having heard the learned counsel on either side, perused the material on record. It is an undisputed fact that an amount of Rs.8,000/- is granted to the daughter in the criminal miscellaneous. In the present case, the Family Court had granted an amount of Rs.15,000/-. Admittedly, as on the day the application is filed and the income of both the parties is about an amount of Rs.35,000/- and when already an amount - 4 - HC-KAR NC: 2025:KHC:36262 WP No. 2508 of 2023 of Rs.8,000/- is granted in criminal miscellaneous, on whatever ground, first, the wife is not entitled for maintenance and second, granting an amount of Rs.15,000/- as legal expenses in the proceedings is on the higher side. Considering all these aspects, this Court is passing the following: ORDER i. The order passed in IA.No.1 in MC.No.69/2021 dated 04.01.2022 by the Senior Civil Judge and JMFC, Sira is modified and the petitioner/husband shall pay an amount of Rs.5,000/- towards monthly expenses of the minor child. ii. The petitioner/husband shall pay an amount of Rs.15,000/- as one time legal expenses. iii. If he fails to pay the maintenance, the wife is at liberty to file an application under 151 CPC and the Family Court shall consider it in accordance with law. iv. Accordingly, the writ petition is disposed of. - 5 - HC-KAR NC: 2025:KHC:36262 WP No. 2508 of 2023 v. All I.As pending in the writ petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE RJ List No.: 1 Sl No.: 2