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2026 DAILYLAW 28821 (KAR)

MR ABDUL HASEEB v. MRS KAREEMUNNISA

RPFC/174/2025 · 2026-07-10

P Sree Sudha

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:35148 RPFC No. 174 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10th DAY OF JULY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA REV.PET. FAMILY COURT NO.174 OF 2025 BETWEEN: MR ABDUL HASEEB S/O ABDUL NABI, AGED ABOUT 50 YEARS, R/AT NO.33, 9TH CROSS, SOMESHWARA NAGARA, TANK GARDEN, 1ST BLOCK, JAYANAGARA, BENGALURU-560011. …PETITIONER (BY SRI. SHASHIDHAR K. N., ADVOCATE) AND: 1. MRS. KAREEMUNNISA W/O ABDUL HASEEB, AGED ABOUT 43 YEARS, 2. MASTER. MUHAMMED SHARIQ S/O MR ABDUL HASEEB, AGED ABOUT 13 YEARS, 3. MASTER MUHAMMED SHADMAAN S/O ABDUL HASEEB, AGED ABOUT 11 YEARS, Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:35148 RPFC No. 174 of 2025 SINCE RESPONDENT NO.2 AND 3 ARE MINORS REPRESENTED BY THEIR MOTHER NATURAL GUARDIAN, RESPONDENT NO.1 ALL ARE R/AT NO.16, 4TH CROSS, CHIKKANNA LAYOUT, HENNUR CROSS, KALYANNAGAR POST, BENGALURU-560045 …RESPONDENTS (BY SRI. B.R. DWARAKANTH, ADVOCATE FOR R1, R2 AND R3) THIS RPFC FILED UNDER SEC.19(4) OF FAMILY COURTS ACT., AGAINST THE ORDER DATED 25.04.2025 PASSED IN CRL. MISC.NO.440/2016 ON THE FILE OF II ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, AT BENGALURU., PARTLY ALLOWING THE PETITION FILED UNDER SEC.125 OF Cr.P.C., FOR MAINTENANCE. THIS PETITION HAVING BEEN HEARD AND RESERVED ON 09.07.2026 COMING ON FOR PRONOUNCEMENT OF ORDER THIS DAY, P SREE SUDHA J., MADE THE FOLLOWING: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA CAV ORDER This petition is filed by petitioner/husband against the order of the Family Court in Crl.Misc.No.440/2016 dated 25.04.2025. The said petition is filed by wife and two children for claiming maintenance of Rs.25,000/- per month. The Family Court considering the entire evidence on record directed the - 3 - HC-KAR NC: 2026:KHC:35148 RPFC No. 174 of 2025 respondent to pay maintenance of Rs.10,000/- per month to the first petitioner from the date of petition till her life time and also directed to pay maintenance of Rs.4,000/- per month to each of the petitioners No.2 and 3 from the date of petition till the age of majority. Apart from that respondent is directed to deposit arrears of maintenance amount within three months from the date of the order. Aggrieved by the said order, he preferred this petition. 2. The petitioner mainly contended that his marriage with the respondent/wife was performed on 26.10.2009 and they are blessed with two male children aged 13 years and 11 years respectively. He stated that respondent is a MBA graduate working in Deutsche Bank, Bengaluru and drawing a salary of Rs.25,000/- per month. She filed complaint in Crime No.71/2015 for an offence under Section 498(A) and Sections 3 and 4 of the Dowry Prohibition Act, but it ended in acquittal. 3. In the statement of objections filed by him he stated that his wife is highly qualified and capable of doing her job and she intentionally deserted him without any just and proper reason. The II Additional Principal Judge, Family Court, - 4 - HC-KAR NC: 2026:KHC:35148 RPFC No. 174 of 2025 Bengaluru, passed an order for payment of interim maintenance of Rs.10,000/- per month to the respondent. Aggrieved by the said order in Crl.Misc.No.440/2016, he preferred Writ Petition No.21475/2021, in which she filed affidavits stating that she is not working and unemployed in the year 2019 and subsequent years. He further stated that the order dated 25.04.2025 passed by the Family Court is erroneous, illegal and arbitrary. Respondent No.1 is capable of earning as she is highly qualified and experienced and she was employed at the time of marriage, but later she quit her job only to get huge interim maintenance. He stated that in September 2016 his net salary was Rs.29,118/-, at that time petitioner salary was Rs.35,022/- but he paid interim maintenance of Rs.12,000/- per month to her. 4. He further stated that in Crl.Misc.No.178/2016 filed by his wife, she gave false statement during cross-examination that she was not employed and she committed perjury. As such, II Additional Family Court, Bengaluru, directed the office to register a case against her in Misc. No.259/2025. Respondent No.1 stated in the cross-examination that she is - 5 - HC-KAR NC: 2026:KHC:35148 RPFC No. 174 of 2025 not ready to go for job on 10.06.2024. This clearly shows that she left her job intentionally. He relied upon the following citations: i. RPFC No.99/2019 C/W RPFC No.179/2018 of Hon'ble High Court of Karnataka, Bengaluru. ii. DR.E.SHANTHI VS. DR.H.K. VASUDEV (ILR 2005 KAR 4981) 5. He further stated that he has to take care of his parents who is aged 60 plus years and thus requested the Court to set aside the order dated 25.04.2025. 6. Heard the arguments of both sides. 7. A perusal of order of the Family Court shows that the marriage of petitioner and respondent was performed on 26.10.2009. At that time respondent was working as a Senior Training Officer in the Department of Labour, Government of Karnataka and first petitioner/wife was working in Deutsche Bank and getting a salary of Rs.25,000/- per month, but she stated that she quit the job after the marriage at the instance of her husband and family members and was driven out of the matrimonial house on 13.03.2015. She stated that her father is - 6 - HC-KAR NC: 2026:KHC:35148 RPFC No. 174 of 2025 retired and she has no source of regular income. Whereas, petitioner stated that after the birth of the first child she left him, when he issued legal notice on 10.09.2012 she returned to his house and gave birth to the second child on 17.10.2013 and she insisted him to set up a separate house and also gave complaint against him on 14.03.2015 under Section 498(A) r/w 34 of the IPC. 8. It is stated that respondent is double graduate with BBM and MBA degree from Bengaluru University as per Ex.P4. Ex.P6 is a service certificate, Ex.P7 is the compensation statement issued by the DBOI Global Service Limited. During 2010 she was getting annual salary of Rs.3,25,032/- with a bonus of Rs.30,482/-, but she submitted her resignation. She raised a car loan of Rs.1,20,000/- under Exs.P8 to P11. 9. She filed documents to show the expenses regarding school fee and other aspects under Exs.P12 to P23. As such, interim maintenance of Rs.12,000/- per month was granted by the Trial Court during the pendency of the said petition. Against which he preferred MFA No.2147/2019 and in an order dated 11.07.2022 this Court directed him to pay the - 7 - HC-KAR NC: 2026:KHC:35148 RPFC No. 174 of 2025 interim maintenance of Rs.12,000/- per month to his wife and he also deposited the arrears of interim maintenance of Rs.5,80,000/- before the Court and the said amount was released in her favour. In July 2024 his salary was Rs.1,04,526/-. He stated that he obtained loan of Rs.4,00,000/- under Ex.R3 for purchase of the flat and presently he is residing in the said flat along with his mother. His father is also a Government employee, after his demise his mother is getting pension and his brother is a Doctor, he and his brother are taking care of his mother. This shows that his mother is not financially depending on him. He further stated that he is contributing towards P.F., KGID and also paying EMI of Rs.24,000/- towards house loan from his salary and thus getting a net salary of Rs.76,388/-. 10. The first respondent later worked on contract basis with a salary of Rs.16,000/- per month, her principal was examined to show that she worked only for certain period in their College upto March 2022 with a salary of Rs.16,500/- per month and left the job later as she was not permanent employee and Ex.R7 is a letter issued by Principal and Vice - 8 - HC-KAR NC: 2026:KHC:35148 RPFC No. 174 of 2025 Principal. They examined Vice Principal as RW2 and he stated that she worked in their College only for 11 months. 11. The Family Court considering all the aspects has rightly granted maintenance of Rs.10,000/- per month to the first petitioner/wife and Rs.4,000/- per month to petitioners No.2 and 3 till they attain the age of majority. This Court finds no reason to interfere with the said order. 12. In the result, Writ Petition is dismissed confirming the order of the Family Court. Sd/- (P SREE SUDHA) JUDGE AP List No.: 1 Sl No.: 55