- 1 - HC-KAR NC: 2025:KHC:32432 WP No. 162 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 162 OF 2022 (GM-FC) BETWEEN: SRI CHIKKARAJU S/O LATE APPAJI GOWDA AGED ABOUT 40 YEARS R/O KAVANAPURA VILLAGE KYLANCHA HOBLI RAMANAGAR TQ AND DIST -562 159 …PETITIONER (BY SRI. MAHESHA V., ADVOCATE) AND: SMT. SUGUNA M.S., W/O CHIKKARAJU AGED ABOUT 36 YEARS R/O NO.285, 8TH MAIN 7TH BLOCK, WARD NO.31 MAHADESHWARA NAGAR SATHANUR ROAD CHANNAPATNA -562 160 RAMANAGAR DISTRICT …RESPONDENT (BY SRI.B.PURANDARA, ADVOCATE) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR THE RECORDS FROM SENIOR CIVIL JUDGE AND JMFC CHANNAPATNA IN MC NO.10/2018 AND SET ASIDE THE ORDER DATED: 23.7.2021 ON IA NO.II PASSED BY THE SENIOR I JUDGE AND JMFC CHANNAPATNA VIDE ANNEXURE-E. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:32432 WP No. 162 of 2022 CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER Aggrieved by the order passed in I.A.No.II in M.C.No.10/2018 dated 23.07.2021 by the Senior Civil Judge and JMFC, Channapatna, the petitioner/husband is before this Court. 2. The parties are referred to as husband and wife for the sake of convenience. 3. I.A.No.II is filed by the wife under Section 24 of Hindu Marriage Act to direct the husband to pay sum of Rs.50,000/- towards the maintenance per month and a sum of Rs.25,000/- towards cost and legal expenses for the litigation to the wife. The trial Court had directed the husband to pay interim maintenance of an amount of Rs.8,000/- per month to the wife. 4. Learned counsel for the petitioner/husband submits that the husband was working as a driver and during Covid-19, he had met with an accident, he was staying at his village and he is working as a coolie. It is submitted that the wife is working as a nurse and she had not filed the statement of - 3 - HC-KAR NC: 2025:KHC:32432 WP No. 162 of 2022 assets and liabilities and the husband could not file his statement of assets and liabilities and within a short time, the trial Court had passed an order. It is submitted that it is more or less an ex-parte order and the order may be set aside and the matter may be remanded back to the trial Court for fresh consideration. It is submitted that without giving proper opportunity, the trial Court had passed the order. 5. Learned counsel appearing for the respondent/wife submits that the wife had studied only till 10th standard and she has no income. In fact, the husband is having sufficient income and he is running a travel business. It is submitted that the trial Court had only granted maintenance of an amount of Rs.8,000/- per month and there are no reasons to interfere. It is submitted that the order passed by the trial Court is a well considered one and no interference is called for. 6. Having heard the learned counsels on either side, perused the entire material on record. The wife had filed the application seeking maintenance of an amount of Rs.50,000/- per month and litigation expenses of an amount of Rs.25,000/-. According to the wife, the husband is having monthly income of - 4 - HC-KAR NC: 2025:KHC:32432 WP No. 162 of 2022 an amount of Rs.90,000/- and having 3 acres of agricultural land and he is having income of an amount of Rs.5 lakhs per year from agriculture. But the wife had not produced any RTC relating to the agricultural property of the husband but she has produced the Bank Statement of husband to prove his income. The perusal of the entire Bank Statement of the husband for the year 2013 to 2015 shows that his income is not a definite income, however, looking at the bank statement, the approximate monthly income may be assessed at Rs.40,000/- per month. Considering all these, the trial Court had granted maintenance of an amount of Rs.8,000/- per month. 7. In the considered opinion of this Court, even assuming that the husband is a daily wage labourer and he is having agricultural land, without even considering that his income is an amount of Rs.40,000/-, still the maintenance of an amount of Rs.8,000/- per month granted by the trial Court is just and reasonable and this Court finds no reasons to interfere with the order passed by the trial Court. Hence, this Court is passing the following order: - 5 - HC-KAR NC: 2025:KHC:32432 WP No. 162 of 2022 ORDER i. As the M.C. is filed in the year 2024, the Senior Civil Judge and JMFC, Channapatna, is directed to dispose of M.C.No.10/2018 by 15.12.2025. ii. Accordingly, the writ petition is disposed of. iii. The amount in deposit shall be forthwith transmitted to the trial Court and the respondent is at liberty to withdraw the amount. iv. All I.As. in this petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE MEG List No.: 2 Sl No.: 23