- 1 - HC-KAR NC: 2025:KHC:28706 WP No. 3460 of 2024 C/W WP No. 10584 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JULY, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO.3460 OF 2024 (GM-FC) C/W WRIT PETITION NO.10584 OF 2024 (GM-FC) IN WP No.3460/2024 BETWEEN: MR. MANIKANTA S/O. PUTTAMADE GOWDA AGED ABOUT 40 YEARS RESIDING AT NO.1557 MATHRU NILAYA SIR M. VISHVESHWARAIAH LAYOUT 5TH BLOCK, ULLALU BENGALURU-560 055. …PETITIONER (BY SRI RAVINDRANATH K., ADVOCATE) AND: BINDHU R. AGED ABOUT 26 YEARS W/O. SRI MANIKANTA D/O. RAMU N. RESIDING AT NO.85, 2ND MAIN 7TH CROSS, CHAMARAJPET BENGALURU-560 018. …RESPONDENT (BY SRI S. RAVISHANKAR, ADVOCATE) * * * THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER ON IA NO.III DATED 22.12.2023 IN CRL.MISC.NO.306/2023 ON THE FILE OF I ADDITIONAL PRINCIPAL FAMILY JUDGE, BENGALURU VIDE ANNEXURE-G TO THE WRIT PETITION. Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:28706 WP No. 3460 of 2024 C/W WP No. 10584 of 2024 IN WP NO.10584/2024 BETWEEN: SMT. BINDHU R. AGED ABOUT 26 YEARS W/O. SRI MANIKANTA D/O. RAMU N. R/AT AT NO.85, 2ND MAIN ROAD 7TH CROSS, CHAMARAJPET BENGALURU-560 018. ...PETITIONER (BY SRI S. RAVISHANKAR, ADVOCATE) AND: SRI MANIKANTA S/O. PUTTAMADE GOWDA AGED ABOUT 40 YEARS RESIDING AT NO.1557, MATHRU NILAYA SIR M. VISHVESHWARAIAH LAYOUT 5TH BLOCK, ULLALU BENGALURU-560 055. ...RESPONDENT (BY SRI K. RAVINDRANATH, ADVOCATE) * * * THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO MODIFY THE ORDER ON IA NO.III DATED 22/12/2023 IN CRL.MISC.NO.306/2023 ON THE FILE OF I ADDITIONAL PRINCIPAL FAMILY JUDGE, BENGALURU VIDE ANNEXURE-E AND ENHANCE THE INTERIM MAINTENANCE TO 50,000/- TO THE WRIT PETITION. THESE WRIT PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI - 3 - HC-KAR NC: 2025:KHC:28706 WP No. 3460 of 2024 C/W WP No. 10584 of 2024 ORAL ORDER Aggrieved by the order passed in Crl.Misc.No.306/2023 dated 22.12.2023, whereby the I Addl. Principal Judge, Family Court, Bangalore, has granted an amount of Rs.10,000/- per month as maintenance to the wife, both husband and wife are before this Court. 2. The parties are referred to as the husband and wife for the sake of convenience. 3. Wife's petition is W.P.No.10584/2024 and the husband's petition is W.P.No.3460/2024. 4. The wife has filed the petition seeking maintenance of an amount of Rs.50,000/- per month. According to the wife, the husband is earning Rs.1,50,000/- per month. The husband has filed the statement of assets and liabilities wherein it is stated that his salary is Rs.50,000/- per month and in some months where he has been given extra work, then an amount of Rs.75,000/- is credited to his account as salary. According to the learned Counsel for the husband, the wife is capable of earning and in fact, in the year 2024, she got a job and earning. - 4 - HC-KAR NC: 2025:KHC:28706 WP No. 3460 of 2024 C/W WP No. 10584 of 2024 5. Learned Counsel for the wife submits that she worked from June to August 2024 and she was getting a salary of Rs.15,000/- per month. But as the place of work is for away from her house and it is difficult for the wife to travel all the way, she could not continue the job and now she is not working. 6. According to the learned Counsel for the husband, salary is Rs.50,000/- per month as per the statement. The Court by the order impugned has granted Rs.10,000/- per month as maintenance and while granting the same, the Court has observed that wife is capable and qualified and she should not remain idle without getting the job. The Court has also considering the fact that some amounts were deducted towards the loan, has observed that the husband has the responsibility to take care of the needs of the wife and accordingly, granted the said amount. 7. The petition is filed by the husband on 17.01.2024. There is no stay granted by this Court and the husband has not paid any amount to the wife till now. On a query from the - 5 - HC-KAR NC: 2025:KHC:28706 WP No. 3460 of 2024 C/W WP No. 10584 of 2024 Court, learned Counsel for the husband submits that as the wife is working, that is why, he is not paying the money. He has not even filed any application for stay. He has not brought anything to the notice of the Court but he is not paying the amount. 8. When an order is passed by the Court, the parties have to comply the said order and if they are aggrieved by the same, they should seek stay/suspension of the said order. Without doing the same, the husband cannot take a decision on its own and stop paying the amount. When he has no respect to the orders of the Court, there is no point in this Court considering his petition questioning the impugned order. 9. In that view of the matter, this Court is not inclined to go into any of the submissions that are made by the learned Counsel for the husband. Accordingly, W.P.No.3460/2024 is dismissed. 10. Now Coming to W.P.No.10584/2024 is concerned, the wife according to her, she has worked for thee months i.e. from June 2024 to August 2024. For that period, she is not entitled - 6 - HC-KAR NC: 2025:KHC:28706 WP No. 3460 of 2024 C/W WP No. 10584 of 2024 for maintenance. The husband's income is Rs.50,000/- per month. In between, whenever there is work, he is getting the additional amount. According to him, he has to support his parents and has to take care of the other necessities. According to the husband, Rs.30,000/- is the EMI amount towards the loan. This Court is only concerned with the statutory deduction but not the EMI as stated by the Court below. Considering the husband's salary as Rs.50,000/- per month, this Court is inclined to enhance the maintenance amount from Rs.10,000/- to 15,000/- per month. 11. Then coming to the qualification of the wife, the wife is qualified and is capable of earning which is evident from the very submission that she worked from June to August 2024. In that case, having left the job, why she is not looking for other job, nothing is forth-coming. The wife who is capable of earning cannot sit at home and cannot depend upon the husband for maintenance. After six months, the husband is at liberty to file an application to review this order and by that time, wife shall place material before the Court to show what - 7 - HC-KAR NC: 2025:KHC:28706 WP No. 3460 of 2024 C/W WP No. 10584 of 2024 are all the efforts made by her to secure the job. Basing on the material, the Court is at liberty to pass appropriate orders. 12. Accordingly W.P.No.10584/2024 is disposed of and WP No.3460/2024 is dismissed. 13. All IAs., in these petitions shall stand closed. Sd/- (LALITHA KANNEGANTI) JUDGE YN List No.: 1 Sl No.: 74