- 1 - HC-KAR NC: 2025:KHC:53681 WP No. 28995 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 28995 OF 2023 (GM-FC) BETWEEN: SRI. HEMANTH KUMAR M.B. AGED ABOUT 42 YEARS, S/O SRI. BOREGOWDA, NO.-116/A, BCC LAY-OUT, 4th CROSS, ATTIGUPPE VIJAYNAGAR, 2ND STAGE, BENGALURU - 560 040. …PETITIONER (BY SRI. G. RAGHU, ADVOCATE) AND: 1. THANISH KUMAR H S/O HEMANTH KUMAR M.B, AGED ABOUT 16 YEARS, 2. CHERITH KUMAR H S/O HEMANTH KUMAR M.B, AGED ABOUT 14 YEARS, Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:53681 WP No. 28995 of 2023 SINCE RESPONDENT NO. 1 AND 2 ARE MINORS AND THEY ARE BEING REPRESENTED BY THEIR MOTHER SMT. MANASA AGED ABOUT 33 YEARS, D/O VEMULA ROSAIAH W/O HEMANTH KUMAR M.B, RESIDING AT NO. 519, 11th 'B' CROSS, 9th MAIN, YALAHANKA NEW TOWN, BENGALURU - 560 064. …RESPONDENTS (BY SRI. VARUN P, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING ANNEXURE-A TO THE WRIT PETITION THAT IS ORDER DATED 18.08.23 PASSED ON IA NO. 2 IN CRL. MISC.NO. 48/2022 ON THE FILE OF 1ST ADDL PRINCIPAL FAMILY COURT AT BANGALORE BY ALLOWING THE WRIT PETITION AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI - 3 - HC-KAR NC: 2025:KHC:53681 WP No. 28995 of 2023 ORAL ORDER Aggrieved by the order passed in I.A.No.2 in Crl.Misc.No.48/2022 dated 18.08.2023 by the I Additional Principal Judge, Family Court, Bengaluru, whereby the Family Court has granted maintenance of an amount of Rs.30,000/- each per month to both the children, the husband is before this court. 2. The order impugned passed by the Family Court reads thus: “the respondent continuously absent and petitioner submits that the respondent working as a Area Manager and getting salary of Rs.2.5 lakhs per month and therefore, since the petitioner has two children who are minors and therefore, in the interest of justice and equity awarding maintenance is necessary. Hence, an interim maintenance of Rs.30,000/- each to the children is required to be awarded. Hence, I proceed to pass the following: ORDER I.A.No.2 is allowed. Interim maintenance of Rs.30,000/- each per month from the date of this petition is awarded. The respondent is hereby directed to deposit the arrears of maintenance within 3 months and continued to pay the same till disposal of this petition on merits.” - 4 - HC-KAR NC: 2025:KHC:53681 WP No. 28995 of 2023 3. Learned counsel appearing for the petitioner submits that he has been paying the school fees and entire expenditure is taken care of. It is submitted that he has paid more than Rs.10,00,000/- as on today. It is submitted that as on that day the parents of the petitioner were unwell and he could not appear before the Family Court and therefore, the Family Court without there being any evidence on record had passed this order. 4. Learned counsel appearing for the respondents submits that he has no instructions on what is the amount that is paid by the husband as he was continuously absent before the Family Court and he has failed to file his statement of objections before the Family Court. The Family Court had passed an order granting maintenance of an amount of Rs.30,000/- each per month to both the children. It is submitted that when he has failed to appear before the Family Court and when order is passed, now he cannot question the impugned order. - 5 - HC-KAR NC: 2025:KHC:53681 WP No. 28995 of 2023 5. Having heard the learned counsels on either side, perused the entire material on record. In this case, the Family Court had granted maintenance of an amount of Rs.30,000/- per month each based on the statement that is made by the wife that he is earning an amount of Rs.2,50,000/- per month. Admittedly, there is nothing on record. It is also an admitted fact that the petitioner/husband had not appeared before the Family Court. In those circumstances, the Family Court ought to have granted some nominal amount as maintenance, but without evidence, the Family Court has granted maintenance of an amount of Rs.30,000/- per month each. When the wife is seeking maintenance, it is also her duty to place on record what is the income of the husband. In these circumstances, this Court deems it appropriate to pass the following: ORDER i. The order impugned passed on I.A.No.2 in Crl.Misc.No.48/2022 dated 18.08.2023 by the I Addl. Principal Judge, Family Court, Bengaluru, is set aside and the matter is remanded back to the Family Court for fresh consideration - 6 - HC-KAR NC: 2025:KHC:53681 WP No. 28995 of 2023 ii. Both the parties shall appear before the Family Court on 22.01.2026. iii. Both the parties shall file their respective statements of assets and liabilities before the Family Court. iv. The Family Court shall dispose of the I.A by 1st of April, 2026. v. Accordingly, the Writ Petition is disposed of. vi. All pending I.As., in the writ petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE CH List No.: 1 Sl No.: 6