Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:32807 RPFC No. 164 of 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF JULY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA RPFC NO. 164 OF 2026 BETWEEN:
SRI MANJUNATH K S/O. LATE SRI. KRISHNAPPA AND GANGAMMA, AGED ABOUT 29 YEARS, R/AT.NO.106, KANAKA NAGARA, CHIKKA BOMMASANDRA, YALAHANKA, BENGALURU-560 064. …PETITIONER (BY SRI. BALARAJ V R., ADVOCATE) AND:
1.
SMT. PREETHI, W/O SRI. MANJUNATH K, AGED ABOUT 24 YEARS
2.
KUMARI. GUNASHREE M., D/O. SRI. MANJUNATH K., AGED ABOUT 3 YEARS, BEING MINOR REP. BY MOTHER, CUSTODIAN AND GUARDIAN SMT. PREETHI., i.e., THE RESPONDENT NO.1 BOTH ARE RESIDENTS OF KOLAVANAHALLI VILLAGE, SRIRAMAPURA POST, NANDI HOBLI, CHIKKABALLAPURA TALUK, CHIKKABALLAPURA DISTRICT - 562 101. …RESPONDENTS
Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka
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HC-KAR NC: 2026:KHC:32807 RPFC No. 164 of 2026
THIS RPFC IS FILED UNDER SEC.19(4) OF THE FAMILY COURTS ACT, AGAINST THE
ORDER DATED.18.03.2025 PASSED IN CRL. MISC.NO.70/2024 ON THE FILE OF THE PRL.
JUDGE, FAMILY COURT, CHICKBALLAPUR, PARTLY ALLOWING THE PETITION FILED UNDER SEC.144 OF BNSS FOR MAINTENANCE.
THIS PETITION COMING ON FOR ORDERS THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA
ORAL ORDER I.A. No.1 of 2026 filed for condoning the delay of 85 days in filing the petition is condoned. I.A. No.1 of 2026 is accordingly allowed.
2. This petition is filed against the order dated 18.03.2025 passed by the Principal Judge, Family Court, Chikkaballapura in Crl. Misc. No.70 of 2024, whereby the Family Court has granted monthly maintenance of Rs.5,000/- each to the petitioners therein.
3. Heard the learned counsel for the petitioner.
4. In fact, Criminal Miscellaneous No.70 of 2024 is filed by respondents-wife and child for granting of maintenance of Rs.20,000/- to each of them from the date of petition. The petitioner-husband, even after service of notice, remained
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HC-KAR NC: 2026:KHC:32807 RPFC No. 164 of 2026
absent before the Family Court. As such, he was placed ex- parte and Family Court considered the evidence of the wife and granted reasonable amount of Rs.5,000/- each to wife and child by an order dated 18.03.2025. Aggrieved by the said
order, the petitioner-husband has filed this present petition for setting aside the impugned order.
5. Learned counsel of the petitioner-husband has stated that as per the joint memo dated 27.06.2025, there was settlement between both the parties and the husband agreed to pay the arrears of maintenance of Rs.40,000/- in one instalment. Accordingly, he paid Rs.20,000/- through Phone- pe and also paid the balance of Rs.20,000/- before the Lok Adalath and it was settled amicably. He further stated that as per the original proceedings, both the petitioner and respondent resided together from 27.06.2025 to 28.02.2026. As per the endorsement of the Family Court dated 08.09.2025, it as stated that they are living happily and joint memo was complied.
6. The main contention of learned counsel for the petitioner-husband is that respondent-wife claimed arrears of
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HC-KAR NC: 2026:KHC:32807 RPFC No. 164 of 2026
maintenance even for the period from 27.06.2025 to 28.02.2026, i.e. for 8 months, though she was staying with the petitioner-husband. Therefore, petitioner-husband is not liable to pay arrears of maintenance for the said 8 months.
7. Regarding the amount granted by the Family Court, it needs no interference.
8. In the result, this petition is dismissed as devoid of merits. Petitioner-husband is at liberty to recover the amount from the respondent-wife for the period from 27.06.2025 to 28.02.2026, before the execution Court. Pending I.A. stands disposed of.
Sd/- (P SREE SUDHA) JUDGE
CS CT:NR List No.: 3 Sl No.: 1