- 1 - HC-KAR NC: 2026:KHC:13356 WP No. 21812 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF MARCH, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 21812 OF 2024 (GM-FC) BETWEEN: VIVEK SHANKAR S/O LATE S. UDAY SHANKAR, AGED ABOUT 43 YEARS, R/AT 162/1/1, 3RD CROSS, RAJMAHAL VILAS EXTENSION, SADASHIVANAGAR, BENGALURU - 560 008. …PETITIONER (BY SMT. PRATHIMA S.K., ADVOCATE) AND: NAYANA W/O VIVEK SHANKAR, AGED ABOUT 34 YEARS, R/A NO.123, 4TH STAGE, Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:13356 WP No. 21812 of 2024 SRINIDHI LAYOUT, VIDYARANAYAPURA, BENAGLURU - 560 097. …RESPONDENT (BY SRI. BASAVARAJU M., ADVOCATE (ABSENT)) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTION IN THE FORM OF CERTIORARI TO SET ASIDE THE ORDER DTD. 25.03.2024 IN M.C.2726/2021 VIDE ANNX-G PASSED BY THE HONBLE V ADDL. FAMILY JUDGE AT BANGALORE ON IA NO.4 FILED BY THE RESPONDENT UNDER SECTION 24 OF THE HINDU MARRIAGE ACT R/W SECTION 151 OF CPC. THIS PETITION, COMING ON FOR FURTHER HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI - 3 - HC-KAR NC: 2026:KHC:13356 WP No. 21812 of 2024 ORAL ORDER Present writ petition is filed aggrieved by the order passed on I.A.No.4 in M.C.No.2726/2021 dated 25.03.2024. The husband is before this Court. 2. Parties are referred to as wife and husband for the sake of convenience. 3. The respondent/wife has filed I.A.No.4 seeking maintenance of an amount of Rs.35,000/- per month. It is the case of the wife that she is unemployed and she has no source of income. The husband is working in a Company and getting a Rs.1 lakh per month from all the sources. 4. It is the case of the husband that he lost his job due to COVID-19 and is unemployed and unable to take up any employment. The wife is qualified and working in digital data service as the DOS since 28.04.2021 and getting salary of more than Rs.50,000/- and capable of maintaining herself. The Court by order impugned, granted an amount of Rs.20,000/- per month to the wife. While granting the maintenance, the Court has observed that the wife has produced the bank loan statement wherein she had only Rs.1,00,501/- per month as on 19.12.2020. The husband in the affidavit of assets and liability - 4 - HC-KAR NC: 2026:KHC:13356 WP No. 21812 of 2024 shown his qualification as BE in computer and income is shown as Rs.30,000/- per month. The husband has filed IT returns from 2015 to 2022. In the year 2018-19, his gross income was Rs.2,47,249/-. The Bank statement discloses that from 2018, balance is maintained at Rs.50,000/- and add. In the year 2020, Rs.26,10,408/- was credited to his account and it was transferred to another account out of Rs.25,70,000/-. The petitioner is having transferred and as on 07.12.2020 he had Rs.78,80,890/- in his account. Therefore, the bank statement discloses that as on 05.07.2022 he was holding Rs.1,06,97,429/-. The Court has come to the conclusion that the account statement is enough to hold that he is having sufficient income and Court had granted an amount of Rs.20,000/- as maintenance. 5. Learned Counsel appearing for petitioner submits that petitioner without any basis has come to the conclusion that there is Rs.1 Crore and odd deposits in the bank account. It is submitted that an amount of Rs.25,00,000/- is deposited in the Bank, she is getting interest of Rs.13,000/- per month. Apart from that he is not having any other income. It is further submitted that the amount of maintenance that is awarded by - 5 - HC-KAR NC: 2026:KHC:13356 WP No. 21812 of 2024 the Court below is excessive and without any basis and therefore, the same needs to be set aside. 6. Yesterday, when the matter came up for hearing and on the last three to four occasions, there was no representation on behalf of the respondent. When dictation was half way, at that time, learned counsel for the respondent has appeared before the Court and this Court had specifically asked the learned counsel for the respondent on what basis the Court has granted maintenance of Rs.20,000/-. He sought for a pass over. Then in the afternoon representation was made on his behalf stating that the counsel was held up in another Court, this Court directed the matter to be posted as a first matter. Even today also, there is no representation on behalf of the respondent. It appears that respondent is not interested to pursue the matter. 7. Having heard the learned counsel on either side, perused the material on record. 8. The Family Court granted maintenance of Rs.20,000/- per month to the respondent/wife, while granting the maintenance the Court has considered the amount of - 6 - HC-KAR NC: 2026:KHC:13356 WP No. 21812 of 2024 Rs.26,10,408/- lying in the account of the petitioner. Learned counsel appearing for the petitioner has placed the account statement before this Court and submitted that except the said amount, the petitioner is not having any other amount and from that he is getting interest of Rs.13,000/- and odd. It is further submitted that the wife is a graduate and capable of maintaining herself, but has not disclosed the same only for the purpose of claiming the maintenance. Considering all these aspects, this Court deems it appropriate to modify the order passed by the Family Court. 9. Accordingly, this Court is passed the following: ORDER i. The writ petition is partly-allowed. ii. The order dated 25.03.2024 passed by the V Additional Principal Judge, Family Court, Bangalore in M.C.No.2726/2021 on I.A.No.4, is modified. iii. The amount of maintenance awarded to the respondent/wife is reduced from an amount of Rs.20,000/- per month to Rs.10,000/- per month. - 7 - HC-KAR NC: 2026:KHC:13356 WP No. 21812 of 2024 iv. Pending IAs., if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE PKN/SMC List No.: 1 Sl No.: 1