- 1 - HC-KAR NC: 2025:KHC:36259 WP No. 22307 of 2022 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.22307 OF 2022 (GM-FC) BETWEEN: SRI. SHIVAKUMAR, AGED ABOUT 37 YEARS, S/O LATE ANJANEYALU, R/AT CHINNARI HOSPITAL LINE, NO.1664, MALLALA VARI VEEDHI, PILERU, ANDHRA PRADESH – 517 214 …PETITIONER (BY SRI. SRINIVASA K, ADVOCATE) AND: SMT. BABY SHALINI AGED ABOUT 35 YEARS, W/O SHIVAKUMAR, D/O NAGABHUSHAN, R/AT SUMUKHA AVENUE APARTMENTS, TF-2, 3RD FLOOR, SBM ROAD, KSRTC LAYOUT, CHIKKALASANDRA, BENGALURU – 560 061 …RESPONDENT (BY SRI. C. V. SRINIVASA, ADVOCATE) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI QUASHING THE IMPUGNED ORDER ON IA NO.3 IN C.MIS.NO.659/2021 ON THE FILE OF THE V ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT AT BENGALURU DATED 12.5.2022 VIDE ANNEXURE-C. THIS PETITION COMING ON FOR DISMISSAL THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:36259 WP No. 22307 of 2022 ORAL ORDER Aggrieved by the order passed in I.A.No.3 in Crl.Misc.No.659/2021 dated 12.05.2022 by the V Additional Principal Family Court, Bengaluru, whereby the Family Court had granted ex-parte maintenance of an amount of Rs.20,000/- per month and ordered notice to the Respondent, the husband is before this Court. 2. On 28.11.2022, a co-ordinate Bench of this Court had passed an interim order and stayed the order dated 12.05.2022 subject to the condition that the petitioner/husband shall pay an amount of Rs.10,000/- per month and clearing all his arrears till date by the next date of hearing. The order is silent with regard to the arrears whether it should be an amount of Rs.20,000/- or Rs.10,000/-. 3. Learned counsel appearing for the petitioner/husband submits that the wife is earning and as per the Statement of Assets and Liabilities the husband's income is an amount of Rs.1,69,000/- and the wife's income is Rs.70,000/- in the year 2024. It is submitted that when the wife is earning, the Family Court had granted an amount of Rs.20,000/- and she is not - 3 - HC-KAR NC: 2025:KHC:36259 WP No. 22307 of 2022 entitled for maintenance. It is submitted that this Court has reduced it to an amount of Rs.10,000/- and the petitioner is ready to pay Rs.10,000/- and he has paid education and medical expenses. 4. Learned counsel appearing to the respondent/wife submits that while they were living together, a property is purchased in the joint name and she is paying monthly EMI of an amount of Rs.40,000/- and apart from that she has to take care of the child. Considering all these aspects, the Family Court had rightly granted the maintenance of an amount of Rs.20,000/-. Learned counsel has submitted on the merits of the matter, how the wife has been thrown away from the home. All those things are not relevant for the purpose of deciding this petition. 5. The husband is present before the Court. He doesn’t deny the fact that the loan is taken and even the account statement that is placed before the Court clearly shows that every month towards EMI an amount of Rs.40,000/- is deducted and the wife is left with only Rs.30,000/-. When the husband's income is an amount of Rs.1,69,000/- the Family - 4 - HC-KAR NC: 2025:KHC:36259 WP No. 22307 of 2022 Court had rightly granted an amount of Rs.20,000/- pending consideration of I.A No.3. In these circumstances, this Court do not find any reason to interfere. Accordingly, this Court proceeds to pass the following: ORDER i. The Family Court shall pass appropriate orders on I.A No.3 within 1 month from the date of receipt of the copy of the order. ii. If the arrears are not paid by the husband, the wife is at liberty to move the appropriate application under Section 151 of CPC. iii. Accordingly, the writ petition is dismissed. iv. All I.As., in the writ petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE RJ/List No.: 1 Sl No.: 3