Extracted from the PDF above. The PDF is authoritative.
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HC-KAR
CNR: KAHC010835682025 NC: 2026:KHC:38725 RPFC No. 343 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JULY, 2026 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA REV.PET FAMILY COURT NO.343 OF 2025
BETWEEN:
JUNAID AHMED S/O. AHMED PASHA AGED ABOUT 31 YEARS R/AT NO.99, 3RD CROSS NEAR KIRAN CLINIC, RAJIV NAGAR MYSURU DISTRICT-570 003 …PETITIONER (BY SRI SYED ARIF PASHA, ADVOCATE FOR SRI LETHIF B., ADVOCATE)
AND:
MUNAZARA TABASSUM W/O. JUNAID AHMED AGED ABOUT 20 YEARS R/AT NO.3, L.I.G, 1ST STAGE MADEGOWDA CIRCLE, RAJIV NAGAR MYSURU DISTRICT-570 003 …RESPONDENT (BY SRI SAMPATH KUMAR A. V., ADVOCATE)
THIS RPFC IS FILED UNDER SEC.19(4) OF FAMILY COURTS ACT., AGAINST THE ORDER DATED 01.03.2025 PASSED IN CRL. MISC NO.91/2023 ON THE FILE OF I ADDITIONAL PRL. JUDGE, FAMILY COURT, MYSURU., PARTLY ALLOWING THE PETITION FILED UNDER SEC.125 OF CR.P.C., FOR MAINTENANCE.
Digitally signed by AASEEFA PARVEEN Location:
HIGH COURT OF KARNATAKA
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HC-KAR
CNR: KAHC010835682025 NC: 2026:KHC:38725 RPFC No. 343 of 2025
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
ORAL ORDER
Heard Sri.Syed Arif Pasha who represents Sri.Lethif.B learned counsel on record for the petitioner as well as Sri.Sampath Kumar.A.V learned counsel for the respondent.
2. Challenge in this revision petition is the order that is rendered by the Court of I Additional Principal Judge, Family Court, Mysuru in Crl.Misc.No.91/2023 dated
01.03.2025.
3. Respondent herein, who is the legally wedded wife of revision petitioner, filed a petition under Section 125 Cr.P.C. seeking the Court to direct revision petitioner/respondent to pay her a sum of Rs.20,000/- per month towards maintenance. Family Court through the impugned order directed revision petitioner to pay
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HC-KAR
CNR: KAHC010835682025 NC: 2026:KHC:38725 RPFC No. 343 of 2025
respondent a sum of Rs.6,000/- per month towards her maintenance. Aggrieved by the same, this revision petition is filed.
4. Arguing the matter, learned counsel for the petitioner submits that the marriage between the petitioner and respondent was solemnized in the year
2021. Respondent lived at matrimonial home only for about six months. Even during that period, respondent failed to lead happy marital life with the petitioner. Respondent voluntarily deserted the petitioner. Petitioner never refused or neglected to maintain the respondent. Petitioner earns around Rs.30,000/- per month. Petitioner is under obligation to look after and maintain his parents. Respondent initiated proceedings invoking the provisions of Protection of women from Domestic Violence Act, 2005. In those proceedings, she filed an interlocutory application seeking interim maintenance. Court directed petitioner to pay respondent a sum of Rs.3,000/- per month towards
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HC-KAR
CNR: KAHC010835682025 NC: 2026:KHC:38725 RPFC No. 343 of 2025
interim maintenance. Petitioner was paying the same. However, through the impugned order, petitioner was
directed to pay respondent a sum of Rs.6,000/- per month towards maintenance. Thus, in all, petitioner is required to pay respondent a sum of Rs.9,000/- per month. Petitioner who is under obligation to look after the welfare of his parents and maintain them is not in a position to pay a sum of Rs.9,000/- per month to the respondent and therefore, he filed this revision petition. Learned counsel thereby seeks to set aside the impugned order. 5. Per contra, learned counsel for the respondent submits that due to the harassment she met, respondent started residing at her parents house. Respondent has no source of earnings and she is completely depending upon her parents for the livelihood. It is the duty of petitioner who is the husband to maintain the respondent and therefore, Family Court rightly directed petitioner to pay respondent a sum of Rs.6,000 per month in addition to a
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HC-KAR
CNR: KAHC010835682025 NC: 2026:KHC:38725 RPFC No. 343 of 2025
sum of Rs.3,000/- per month which was ordered to be paid in domestic violence proceedings towards interim maintenance. Learned counsel thereby seeks to dismiss the revision petition. 6. The contention of the respondent is that the petitioner by working in Infosys as an accountant earns more than Rs.1,00,000/- per month. However, petitioner produced sufficient evidence to show that his gross salary is Rs.32,755/- per month and his net salary is Rs.30,320/- per month. Petitioner also produced sufficient material to show that he pays Rs.7,000/- per month towards rent and that he is incurring necessary expenditure for the treatment of his parents. By all the material produced, it is clear that petitioner has to maintain his parents, has to pay rent of Rs.7,000/- per month and also has to maintain himself out of Rs.30,320/- he receives towards salary. Therefore, this Court is of the view that the amount granted towards interim maintenance of the respondent
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HC-KAR
CNR: KAHC010835682025 NC: 2026:KHC:38725 RPFC No. 343 of 2025
through the impugned order is excessive in view of the fact that respondent is receiving a sum of Rs.3,000/- per month towards interim maintenance in the domestic violence proceedings. This Court is also of the view that petitioner can be ordered to pay respondent a sum of Rs.6,000/- per month towards maintenance inclusive of the sum that is being paid towards interim maintenance in the domestic violence proceedings.
Therefore, this Court considers desirable to allow the revision petition in part. 7. Thus, the revision petition is disposed of with the following:
ORDER
(i) The revision petition is allowed in part.
(ii) The order that is rendered by the Court of I Additional Principal Judge, Family Court, Mysore in Crl.Misc.No.91/2023 dated 01.03.2025 is modified.
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HC-KAR
CNR: KAHC010835682025 NC: 2026:KHC:38725 RPFC No. 343 of 2025
(iii) Petitioner is directed to pay respondent/wife a sum of Rs.6,000/- per month towards her maintenance which includes Rs.3,000/- per month which petitioner is under obligation to pay to the respondent as per the orders of the Court of II Additional Civil Judge and JMFC, Mysore on I.A.No.I, in Crl.Misc.No.61/2023 dated 01.02.2023.
(iv) Until the orders on I.A.No.I in Crl.Misc.No.61/2023 are in force, petitioner shall pay respondent a sum of Rs.3,000/- per month towards her maintenance. Thus, a total sum of Rs.6,000/- (Rs.3,000 + Rs.3,000) is required to be paid.
(v) On disposal of the case i.e., Crl.Misc.No.61/2023 and where no liability vests upon petitioner to pay a sum of Rs.3,000/- per month as ordered in I.A.No.I in that case,
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HC-KAR
CNR: KAHC010835682025 NC: 2026:KHC:38725 RPFC No. 343 of 2025
petitioner shall pay respondent a sum of Rs.6,000/- per month towards her maintenance as ordered by the Family Court through the impugned order till the lifetime of respondent or the same is modified.
Sd/- (DR.CHILLAKUR SUMALATHA) JUDGE
DS CT:VC List No.: 1 Sl No.: 49