- 1 - HC-KAR CNR: KAHC010217602025 NC: 2026:KHC:38919 WP No. 10935 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JULY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA WRIT PETITION NO.10935 OF 2025 (GM-FC) BETWEEN: SMT. SHIMSA MUDDAPPA W/O. H. C. MUDDAPPA AGED ABOUT 37 YEARS R/O. "KUIMUDI HOUSE" VAIBHAVA LAXMI COMPOUND NEAR ST. JOSPEHS CONVENT MUTHAPPA TEMPLE ROAD MADIKERI TOWN-571 201 KODAGU DISTRICT …PETITIONER (BY SRI SRINIVAS V., ADVOCATE) AND: SRI H. C. MUDDAPPA S/O. LATE H. P. CHENGAPPA AGED ABOUT 48 YEARS R/AT NO.15, AVANDI VILLAGE MUKKODLU POST, MADIKERI TALUK KODAGU DISTRICT-571 201 …RESPONDENT (BY SRI RANJAN KUMAR K., ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH/MODIFY THE ORDER DATED 04.12.2024 PASSED ON IA NO.1 IN MC NO.84/24 ON THE FILE OF THE PRINCIPAL JUDGE FAMILY Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010217602025 NC: 2026:KHC:38919 WP No. 10935 of 2025 COURT KODAGU-MADIKERI VIDE ANNEXURE-F TO THE WRIT PETITION AND MODIFY THE SAID ORDER AND ALLOW THE APPLICATION FILED UNDER SECTION 24 OF CPC I.E., IA NO. 1 IN ITS ENTIRETY. THIS PETITION HAVING BEEN HEARD AND RESERVED ON 22.07.2026, 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 writ petition is filed to modify the order dated 04.12.2021 in IA.No.1 in M.C.No.84/2024. 2. Family Court directed the respondent/husband to pay maintenance of Rs.12,000/- per month from December 2024 till further orders. 3. Aggrieved by the said order, wife preferred this writ petition mainly contending that she filed MC No.84/2024 for divorce on the ground of cruelty and desertion. She suffered from schizophrenia and was taking treatment in Cauvery Medical Centre at Bengaluru. He is earning Rs.2,00,000/- per month from agricultural property and home stay business. She produced - 3 - HC-KAR CNR: KAHC010217602025 NC: 2026:KHC:38919 WP No. 10935 of 2025 photographs of the property and also video of the same in the pen drive. He is also having Toyota Fortuner car and lavish paying guest accommodation, but he wrongly declared his income as Rs.20,000/- per month in assets and liabilities statement. Therefore, requested the Court for enhancement of compensation. 4. It is stated by the petitioner that she was a good player in all round sports, she secured gold medal in National level shot put event and also secured a job in Railway Department prior to the marriage. As the respondent promised to take care of her properly, she quit the job. Their marriage was solemnized on 11.02.2009 and first child was born on 26.10.2009, presently she is studying in 8th std and second child was born on 31.03.2013 who is presently studying in 5th std. 5. Learned counsel for the petitioner states that the first child is also a sports girl and she further stated that respondent agreed to make payment of Rs.18,000/- - 4 - HC-KAR CNR: KAHC010217602025 NC: 2026:KHC:38919 WP No. 10935 of 2025 per month towards maintenance of herself and children before Kodagu Women Police Station, Madikere. Her mother and brother arranged an accommodation for rent by paying security deposit of Rs.30,000/- and they are also paying rent of Rs.7,000/- per month. He paid Rs.18,000/- for two months and failed to pay the same. She further stated that on 19.08.2023, she pledged her gold ornaments and gave an amount of Rs.2,73,860/- to him for the development of home stay business in the name and style "Vally Dew Heritage". Even in the divorce application she asked for permanent alimony of Rs.25,00,000/- and also monthly maintenance of Rs.45,000/- to her and to the children and Rs.10,000/- for accommodation and for direction to pay educational expenses and also for clearance of gold loan of Rs.2,73,860/- . 6. Petitioner filed sports certificates of her child, vehicle particulars, gold loan receipts, rental agreement, bank account extract and B-extract of the Toyota Fortuner - 5 - HC-KAR CNR: KAHC010217602025 NC: 2026:KHC:38919 WP No. 10935 of 2025 and also photographs of the resort. As the respondent/husband simply stated that he is getting only Rs.8,000/- per month. Without considering the other aspects, Family Court granted a meager amount. Learned counsel for the petitioner relied upon a citation reported in 1997 (7) SUPREME 642 between SMT.JASBIR KAUR SEHGAL AND DISTRICT JUDGE DEHRADUN & ORS. in which it was held as under: "Court has to consider the status of the parties, their respective needs, capacity of the husband to pay having regard to his reasonable expenses for his own maintenance and those he is obliged under the law and statutory but involuntary payments or deductions. Amount of maintenance fixed for the wife should be such as she can live in reasonable comfort considering her status and the mode of life she was used to when she lived with her husband and also that she does not feel handicapped in the prosecution of her case." 7. It is also brought to the notice of the Court that previously, he was paying Rs.18,000/- per month towards maintenance of the children. It is his bounded - 6 - HC-KAR CNR: KAHC010217602025 NC: 2026:KHC:38919 WP No. 10935 of 2025 duty to maintain his wife and children. Therefore, this Court finds just and reasonable to direct respondent/husband to pay an amount of Rs.12,000/- per month to petitioner/wife including rent and Rs.12,000/- per month to each child i.e., Rs.36,000/- per month towards their maintenance from the date of petition. 8. He is directed to pay the arrears within two months from the date of order failing which petitioner is at liberty to take appropriate steps as per the provision of the law. In the result, writ petition is allowed. Sd/- (P SREE SUDHA) JUDGE DS CT:VC List No.: 1 Sl No.: 70