- 1 - HC-KAR NC: 2025:KHC:36650 WP No. 14251 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO.14251 OF 2024 (GM-FC) BETWEEN: SRI. GOPALA, S/O JAVARAIAH, NOW AGED ABOUT 39 YEARS, R/O RAMMANAHALLI VILLAGE, KASABA HOBLI, MYSURU TALUK, MYSURU DISTRICT – 570 019 …PETITIONER (BY SRI. MANJEGOWDA B. V., ADVOCATE FOR SRI. CHANDRASHEKARA K A., ADVOCATE) AND: 1. SMT. SUDHA, W/O GOPALA, NOW AGED ABOUT 29 YEARS, 2. MASTER VINOD, S/O GOPALA, NOW AGED ABOUT 10 YEARS, 3. MASTER PAVAN KUMAR S/O GOPALA NOW AGED ABOUT 7 YEARS, SINCE THE RESPONDENT NOS.2 & 3 ARE MINORS, REPRESENTED THROUGH THEIR NATURAL MOTHER AND GUARDIAN PETITIONER NO.1 HEREIN. ALL ARE R/O GUMACHANAHALLI VILLAGE, JAYAPURA HOBLI, MADDURU POST, Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:36650 WP No. 14251 of 2024 MYSURU TALUK, MYSURU DISTRICT – 571 125 …RESPONDENTS (BY SMT. SARITHA S, ADVOCATE FOR SRI. ASHOK PATIL., ADVOCATE FOR R1, R2 & R3 ARE MINORS) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO a) CALL FOR RECORDS IN C.MIS.NO.279/2023 ON THE FILE OF HON’BLE I ADDL. PRL. JUDGE, FAMILY COURT AT MYSURU AND SET ASIDE THE ORDER DATED 19/04/2024 VIDE ANNEXURE-A ON IA NO.II ANNEXURE-D; b) PASS ANY SUITABLE AND APPROPRIATE ORDERS IN FAVOUR OF THE PETITIONER HEREIN TO MEET THE ENDS OF JUSTICE. THIS PETITION COMING ON FOR PART HEARD 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.Nos.II and VI in Crl.Misc.No.279/2023 dated 19.04.2024 by the I Additional Principal Judge, Family Court, Mysuru, whereby the Family Court had granted maintenance of an amount of Rs.10,000/- per month to the wife and an amount of Rs.5,000/- each per month to the children, the petitioner/husband is before this Court questioning the quantum of maintenance. 2. The parties are referred to as husband and wife for the sake of convenience. - 3 - HC-KAR NC: 2025:KHC:36650 WP No. 14251 of 2024 3. I.A.No.II is filed by the respondents under Section 125 (1) of Cr.P.C. seeking monthly maintenance of an amount of Rs.25,000/- each to the wife and two children and I.A.No.VI is filed under Section 19(F) read with Section 26 of Protection of Women From Domestic Violence Act 2005 seeking alternative accommodation or to pay rent of Rs.15,000/- per month. It is the case of the wife that the husband is having landed properties and the property of father of the husband was acquired and a sum of Rs.61,64,751/- has been awarded to the family of the husband as compensation and the husband is having enough income. 4. It is the case of the husband that he is working as a daily wage labourer and he is not in a position to pay the maintenance. Considering the fact that a sum of Rs.61,64,751/- has been awarded to the family of the husband as compensation in the land acquisition proceedings and also the wife has to take care of herself and the two children, the Family Court had granted maintenance of Rs.10,000/- per month to the wife and an amount of Rs.5,000/- each per month to the children i.e., an amount of Rs.20,000/- per month. - 4 - HC-KAR NC: 2025:KHC:36650 WP No. 14251 of 2024 5. Learned counsel for the husband submits that the husband is a daily wage worker and his income is about an amount of Rs.5,000/- per month. It is submitted that he has sisters and whatever is the amount that is granted as compensation in the land acquisition proceedings, it has to be distributed equally among the siblings and the entire amount is not with the husband and the Family Court without any basis had granted exorbitant amount of Rs.20,000/- per month which he is not in a position to pay. 6. Learned counsel appearing for the respondent/wife submits that considering the financial status of the husband and the fact that he has got an amount of Rs.61,64,751/- as compensation in the land acquisition proceedings, the Family Court had rightly granted the maintenance. It is submitted that only for the purpose of evading maintenance to the wife, the husband has come up with different stands and in fact, his family is well settled and the amount of maintenance that is awarded by the Family Court is just and reasonable and no interference is called for. - 5 - HC-KAR NC: 2025:KHC:36650 WP No. 14251 of 2024 7. Having heard the learned counsels on either side, perused the entire material on record. Both the parties have taken respective stands with regard to the income of the husband. According to the wife, the compensation that is awarded in the land acquisition proceedings is exclusively to the husband as he is the only child. According to the husband, he has other siblings and it has to be distributed among all of them equally. The Family Court had rightly observed that all these issues have to be decided by the Court during the course of trial, but not at this stage. Basing on the material on record and considering the compensation that the husband has got, this Court deems it appropriate to pass the following order: ORDER i. The order passed in I.A.Nos.II and VI in Crl.Misc.No.279/2023 dated 19.04.2024 by the I Additional Principal Judge, Family Court, Mysuru, is modified and the maintenance awarded to the wife is reduced from an amount of Rs.10,000/- to Rs.5,000/- per month. ii. As far as the maintenance granted to the children is concerned, this Court is not interfering with the - 6 - HC-KAR NC: 2025:KHC:36650 WP No. 14251 of 2024 order of the Family Court and the husband is liable to pay an amount of Rs.5,000/- each. iii. Accordingly, the writ petition is disposed of. iv. All I.As. in this petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE MEG List No.: 3 Sl No.: 1