Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:36844 WP No. 9877 of 2025
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. 9877 OF 2025 (GM-FC) BETWEEN:
ANUSHA D.M., W/O SUPRITH R., A/A 28 YEARS, DEVI KRUPA, 9TH CROSS, JAYANAGARA EAST, TUMAKURU CITY, TUMAKURU. …PETITIONER (BY SRI. GANESH B., ADVOCATE)
AND:
SUPRITH R., S/O RAJANNA A/ A 30 YEARS, R/AT NO. 29, SHIVA NILAYA, HENNURU MAIN ROAD, MAUNIRAJAPPA LAYOUT, KOTTANURU, BENGALURU NORTH, BANGALURU CITY. …RESPONDENT (BY SRI. B.RAMESH, ADVOCATE)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO MODIFY THE IMPUGNED
ORDER DATED: 10.02.2025 PASSED IN IA NO. 4 IN M.C.NO.367/2024 PENDING ON THE FILE OF PRINCIPAL FAMILY COURT, TUMAKURU (ANNEXURE-A) AND AWARD MAINTENANCE PROPORTIONATE TO THE EXPENSES REQUIRED BY THE RESPONDENT.
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
Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:36844 WP No. 9877 of 2025
ORAL ORDER Aggrieved by the order passed in I.A.No.4 in M.C. No.367/2024 dated 10.02.2025 by the Principal Judge, Family Court, Tumakuru, whereby the Family Court had granted maintenance of an amount of Rs.8,000/- per month to the wife from the date of application pending disposal of the petition, the wife is before this Court seeking enhancement of maintenance.
2. The parties are referred to as husband and wife for the sake of convenience.
3. It is the case of the wife that the I.A. is filed seeking maintenance of an amount of Rs.30,000/- per month and litigation expenses of an amount of Rs.50,000/-. It is the case of the wife that the husband is having landed properties and he is working and earning an amount of Rs.37,000/- per month. It is the case of the husband that the wife is working at BESCOM and earning an amount of Rs.10,000/- per month.
4. The Family Court had granted maintenance of an amount of Rs.8,000/- per month to the wife. While granting the maintenance, the Family Court had observed that the RTC
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HC-KAR NC: 2025:KHC:36844 WP No. 9877 of 2025
extracts produced by the wife stands in the name of the mother-in-law. The wife has produced the xerox copies of photographs to show that the husband is owning houses and getting rents. The wife has not placed any materials to show that the houses depicts in the said photographs belongs to the husband and he is getting rents from those houses. Merely on the basis of photographs, it cannot come to the conclusion that the houses shown in the photographs belongs to the husband and he is getting rents from the said houses. The Family Court had further observed that the husband is working as an attender in Siddartha Residential High School at Bapuji Nagar, Bengaluru. Considering the husband’s income at Rs.37,000/- per month, the Family Court had granted maintenance of an amount of Rs.8,000/-per month to the wife.
5.
Learned counsel for the petitioner/wife submits that when the husband is earning an amount of Rs.37,000/- per month, the Family Court had granted the maintenance of an amount of Rs.8,000/- per month and with the same she would not be able to manage herself. It is submitted that in BESCOM she is working as a trainee and from the amount she is earning it is not sufficient to take care of herself. It is further submitted
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HC-KAR NC: 2025:KHC:36844 WP No. 9877 of 2025
that the maintenance amount granted by the Family Court is not just and reasonable and the same needs to be enhanced.
6.
Learned counsel for the respondent/husband submits that the Family Court had rightly considered and rightly granted the maintenance amount and there are no grounds to interfere with the well considered order passed by the Family Court.
7. Having heard the learned counsels on either side, perused the material on record. Admittedly, the husband is working and earning an amount of Rs.37,000/- per month. According to him, the wife’s income is Rs.10,000/- per month and according to the learned counsel for the wife, she is a trainee and getting a meager amount. Considering the husband’s salary of Rs.37,000/- per month, this Court deems it appropriate to pass the following:
ORDER i. The impugned order passed in I.A.No.4 in M.C. No.367/2024 dated 10.02.2025 by the Principal Judge, Family Court, Tumakuru is modified by
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HC-KAR NC: 2025:KHC:36844 WP No. 9877 of 2025
enhancing the maintenance from an amount of Rs.8,000/- to Rs.10,000/- per month. ii. Accordingly, this writ petition is disposed of. iii. All I.As., in the writ petition shall stand closed.
SD/- (LALITHA KANNEGANTI) JUDGE
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