- 1 - HC-KAR NC: 2025:KHC:27617 WP No. 26114 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JULY, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO.26114 OF 2022 (GM-FC) BETWEEN: 1. SMT. RATHNAMMA W/O HUCCHEGOWDA K.M. D/O LATE C. CHIKKAMADEGOWDA AGED ABOUT 44 YEARS, 2. KUMARI VARSHITHA D/O HUCCHEGOWDA K.M. AGE 20 YEARS, BOTH ARE R/AT BANDURU VILLAGE KIRUGAVALU HOBLI MALAVALLI TALUK MANDYA DISTRICT-571 430 PRESENTLY RESIDING AT NO.159/A 11TH MAIN, 3RD STAGE NEAR CHANDUS HOTEL MANJUNATHA NAGAR BENGALURU NORTH BENGALURU CITY - 560 010. …PETITIONERS (BY SMT. LAKSHMIDEVI K., ADVOCATE FOR SRI. PRASANNA V R., ADVOCATE) AND: 1. SRI HUCCHEGOWDA K M S/O MARIGUDDEGOWDA AGED ABOUT 49 YEARS R/AT KALLAREPURA VILLAGE Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:27617 WP No. 26114 of 2022 KIRUGAVALU HOBLI, MALAVALLI TALUK MANDYA DISTRICT-571 430 PRESENTLY R/AT BENGALURU HOLDING BADGE NO.5013 DEPOT NO.36, BMTC, KENGERI SATELITE TOWN BENGALURU-560 060. …RESPONDENT (BY SRI. V B SIDDARAMAIAH, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED 19.11.2022 ON IA NO.IV IN CRL.MISC. NO.322/2018 PASSED BY THE LEARNED II ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT AT BENGALURU, VIDE ANNEXURE-A IN SO FAR AS DENYING THE INTERIM MAINTENANCE TO THE PETITIONER NO.1 AND RESTRICTING THE INTERIM MAINTENANCE TO THE PETITIONER NO.2, ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER This writ petition is directed against the order passed on I.A.No.4 in Criminal Miscellaneous No.322/2018 dated 19.11.2022 passed by II Additional Principal Judge, Family Court, Bengaluru, whereby the court below had directed the respondent/husband to pay the educational expenses of petitioner No.2/daughter from the date of the application till disposal of the case directly to the educational institution or if it - 3 - HC-KAR NC: 2025:KHC:27617 WP No. 26114 of 2022 is paid by petitioner No.1/wife, he has to reimburse the same on production of necessary documents and deduct the amount, if it is already paid and petitioner No.1 is directed to take care of the general expenses of petitioner No.2/daughter. Further, the respondent/husband is directed to pay Rs.5,000/- towards litigation expenses to the petitioners. 2. The parties are referred to as wife and husband for the sake of convenience. 3. The wife and the daughter have filed Criminal Miscellaneous No.322/2018 seeking maintenance wherein I.A.No.4 is filed seeking direction to the husband to pay interim maintenance of Rs.15,000/- per month to herself and the daughter. It is the case of the wife that she is working as a private employee and earning salary of Rs.14,830/- per month. As per the salary slip for the months of July 2019 and November 2021, her salary was Rs.14,830/- and Rs.14,223/- per month. According to her, her husband is working in BMTC and is earning a handsome salary, but he failed to take care of the child and the wife and it has become difficult for the wife to maintain herself and the child. - 4 - HC-KAR NC: 2025:KHC:27617 WP No. 26114 of 2022 4. It is the case of the husband that he has aged parents who are 90 and 75 years to support and is spending Rs.6,000/- per month towards their expenditure and his gross salary is Rs.32,564/- and his net salary is Rs.10,068/- per month. He has no self acquired or joint properties. He has taken a loan of Rs.1,80,000/- from KSRTC Employees Credit Co-operative Society Ltd., Bengaluru, another loan of Rs.1,00,000/- from BMTC Credit Co-operative Society, Bengaluru and a loan of Rs.13,990/- from BMTC Employees Society, Bengaluru, and hence, he is required to pay EMI of Rs.11,670/-. 5. The Family Court had refused to grant maintenance to the wife. Considering the net salary of both the parties, the Court has come to the conclusion that the wife is not entitled for maintenance. Even with regard to the child, the Court has observed on going through the records that the girl is pursuing her studies in II B.com and the husband has failed to prove that the girl is having independent source of income for her livelihood or he has made arrangements for the same. - 5 - HC-KAR NC: 2025:KHC:27617 WP No. 26114 of 2022 Accordingly, the Family Court partly allowed the application filed by the petitioners and directed the husband to pay educational expenses of the daughter and also to pay the general expenses of the child. 6. Aggrieved by the said order, the wife and the daughter are before this Court. Learned counsel appearing for the wife submits that from the age of two, the wife has been taking care of the child and though husband is earning more salary, he has not placed the true facts before the Court. He has other source of income and in order to avoid the maintenance, he has stated that he has been taking care of the parents. It is stated that the salary that the wife is earning is Rs.14,830/- per month and it is difficult for her to maintain her as well as the child. Further, it is submitted that as per the interim order passed by this Court, only Rs.2,50,000/- is paid. It is submitted that the Family Court ought to have granted maintenance to the wife. It is submitted that the court has ordered for general expenses to the child and the husband has not paid any amounts under the said head. It is also submitted - 6 - HC-KAR NC: 2025:KHC:27617 WP No. 26114 of 2022 that the writ petition may be allowed by enhancing the maintenance. 7. Learned counsel appearing for the respondent submits that whatever the fee receipts are furnished by the wife, the husband is paying the same to the daughter. It is submitted that the Family Court had rightly considered all the aspects involved in the case and the financial position of both the parties and rightly not granted any maintenance to his wife. It is submitted that as far as the general expenses are concerned, no amounts have been paid so far. 8. Having heard the learned counsel for either side, perused the material on record. The undisputed facts are the relationship between the parties, the salary of the husband and wife i.e., Rs.30,000/- per month and Rs.14,000/- per month. According to the husband, his take home salary after deductions is Rs.10,068/- per month. The deduction of Rs.11,670/- per month is towards the loan availed by him. Looking at the parity and the salary of the parties, the Family Court had rightly held that the wife is not entitled for maintenance. As far as the daughter is concerned, the Family - 7 - HC-KAR NC: 2025:KHC:27617 WP No. 26114 of 2022 Court had directed to take care of the education and general expenses of the daughter. The Family Court ought to have quantified what are the general expenses and it is also an admitted fact that the said general expenses are not paid to the wife till now. Considering all these aspects, this Court deems it appropriate to pass the following: ORDER i. The order on I.A.No.4 in Criminal Miscellaneous No.322/2018 dated 19.11.2022 by VI Additional Principal Judge, Family Court, Bengaluru, is partly modified. ii. The matter is remanded back to the Family Court for reconsideration and as far as the general expenses of the daughter are concerned, the parties shall adduce the evidence and the Court shall quantify what are the general expenses of the daughter and shall pass an order. iii. The wife shall place the expenses before the Family Court within a period of ten days from the date of receipt of a copy of the order and the objections, if any, shall be filed within ten days thereafter; iv. If such objections are filed within the time stipulated by this Court, the Family Court shall pass appropriate order within one month thereafter; - 8 - HC-KAR NC: 2025:KHC:27617 WP No. 26114 of 2022 v. As far as educational expenses are concerned, the husband shall reimburse the fees, if any paid as per the order of the Court; vi. Accordingly, the writ petition is disposed off. vii. Without any further notice, the parties shall appear before the Court on 06.08.2025. All pending I.As., if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE hkh. List No.: 1 Sl No.: 54