Extracted from the PDF above. The PDF is authoritative.
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HC-KAR CNR: KAHC010642142023 NC: 2026:KHC:40603 RPFC No. 299 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF AUGUST, 2026 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA REV.PET FAMILY COURT NO. 299 OF 2023 BETWEEN:
1.
MRS AKHILA KARTHIK W/O MR KARTHIK VEDANAYAGAM AGED ABOUT 36 YEARS
2.
KUM ANIKA D/O DR KARTHIK VEDANAYAGAM AGED ABOUT 6 YEARS PETITIONER NO.2 BEING A MINOR REP. BY HER MOTHER NATURAL GUARDIAN PETITIONER NO.1 BOTH ARE R/AT MARIAN ASPIRE, FLAT NO.103, KOTEKANI ROAD, URWA STORE, NEAR SAINIK REST HOUSE, MANGALURU-575006(DK) …PETITIONERS (BY SRI. M. SUDHAKAR PAI, ADVOCATE) AND:
SRI. KARTHIK VEDANAYAGAM S/O MR VEDANAYAGAM RAMASWAMY AGED ABOUT 41 YEARS WORKING AS IRISH CONSULATE C/O BIOCON LTD., 20TH K. M. HOSUR ROAD ELECTRONIC CITY, PHASE-II BENGALURU-560 100. …RESPONDENT (BY SRI. APPAIAH P. B., ADVOCATE) Digitally signed by AASEEFA PARVEEN Location: HIGH COURT OF KARNATAKA
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HC-KAR CNR: KAHC010642142023 NC: 2026:KHC:40603 RPFC No. 299 of 2023
THIS RPFC FILED UNDER SECTION 19(4) OF FAMILY COURT ACT, AGAINST THE ORDER DATED 30.09.2023 PASSED IN Crl. Mis. No.2/2019 ON THE FILE OF THE I ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, D.K, MANGALURU, PARTLY ALLOWING THE PETITION FILED UNDER SECTION 125(1) OF Cr.P.C FOR MAINTENANCE.
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.M. Sudhakar Pai, learned counsel for the petitioners as well as Sri.Suman, who represents Sri.Appaiah P.B., learned counsel for respondent.
2. Challenge in this revision petition is the order that is rendered by the Court of I Additional Principal Judge, Family Court, D.K., Mangaluru, in Crl.Misc.Case No.2/2019 dated
30.09.2023.
3. First petitioner being the wife and second petitioner being the minor daughter of the respondent filed a petition invoking Section 125 Cr.P.C. seeking maintenance of ₹50,000/- per month.
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HC-KAR CNR: KAHC010642142023 NC: 2026:KHC:40603 RPFC No. 299 of 2023
4. The Court of I Additional Principal Judge, Family Court, D.K., Mangaluru, rendered orders on 30.09.2023 directing respondent to pay first petitioner a sum of ₹15,000/- per month and second petitioner a sum of ₹5,000/- per month towards their maintenance. Aggrieved by the sum that was
directed to be paid towards maintenance by the respondent, this revision petition is filed.
5.
Learned counsel for the petitioners submit that respondent works as a Consultant and earns around ₹1,70,000/- per month. Due to the attitude of respondent, first petitioner was forced to live at her parents' place along with the child. i.e. the second petitioner herein. First petitioner has no source of earnings and thus she cannot maintain herself as well as the child. It is the obligation of the respondent to maintain the petitioners. Though sufficient proof was produced with regard to the financial status of respondent, yet Family Court
directed respondent to pay meager amount towards maintenance. Learned counsel states that a sum of ₹15,000/- per month is not sufficient for first petitioner to maintain herself and likewise a sum of ₹5,000/- per month is not sufficient for
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HC-KAR CNR: KAHC010642142023 NC: 2026:KHC:40603 RPFC No. 299 of 2023 second petitioner to be maintained by the first petitioner.
Learned counsel thereby seeks to allow the revision petition and to direct the respondent to pay petitioners the sum claimed.
6. Per contra, learned counsel for respondent contends that first petitioner is a B.B.M. graduate. She is capable of maintaining herself. Respondent is willing to maintain the second petitioner. That apart, respondent is under obligation to maintain his aged parents. Thus, Family Court taking into
consideration all the factors, passed justifiable order and therefore, the revision petition is not maintainable. 7. In the affidavit given disclosing his assets and liabilities, respondent made a clear mention that he is working as Office Assistant/Travel Desk at Honorary Consulate General of Ireland and that he earns ₹1,73,910/- per month. He also made a mention that he obtained personal loan of ₹12,00,000/- and car loan of ₹21,00,000/-. He further made a mention that he has got share in his grandparents' property and that he maintains in Fixed Deposit ₹10,00,000/-. He has shown his parents to be his dependants. He also made a mention that he
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HC-KAR CNR: KAHC010642142023 NC: 2026:KHC:40603 RPFC No. 299 of 2023 is crediting maintenance regularly to the account maintained by the first petitioner at ICICI Bank, Karkala Branch. First petitioner did not deny the fact that she maintains an account at ICICI Bank, Karkala Branch. However, she failed to mention that she maintains such an account and in respect of her account transactions in the affidavit given by her disclosing her assets and liabilities. She made a clear mention that she is a B.B.M. graduate. She further made a mention that she incurs ₹8,500/- for doing certificate courses such as MS Office, VAT and Advanced Excel. 8. In the light of the educational qualification of the first petitioner, the courses she is pursuing as per her own version and further in the light of the fact that she suppressed having an account at ICICI Bank and the transactions in the said account, this Court is of the view that the sum granted by the Family Court towards maintenance of the first petitioner is justifiable. However, this Court is not inclined to appreciate the finding given by the Family Court that a sum of ₹5,000/- can only be granted to second petitioner towards her maintenance. Admittedly, a child requires good quality of food, extra
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HC-KAR CNR: KAHC010642142023 NC: 2026:KHC:40603 RPFC No. 299 of 2023 nourishment, education, clothing etc. First petitioner is required to spend certain amount for the extra curricular activities of the second petitioner as well. A child of a father who earns around ₹1,70,000/- per month requires at-least a sum of ₹15,000/- per month for her maintenance which includes her education expenses.
Therefore, this Court is of the view that the revision petition can be allowed to that extent. Therefore, 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, D.K., Mangaluru, in Crl.Misc.Case No.2/2019 dated 30.09.2023 is modified. iii) The respondent is directed to pay second petitioner a sum of ₹15,000/- per month towards her maintenance. Such amount shall be paid from the date of filing of Crl.Misc.Case No.2/2019 till the date of marriage of second petitioner or till she
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HC-KAR CNR: KAHC010642142023 NC: 2026:KHC:40603 RPFC No. 299 of 2023 becomes financially independent or untill further orders by the competent Court. iv) All arrears at the rate mentioned above shall be cleared within a period of three months. v) Amount if any paid already, be adjusted. Sd/- (DR.CHILLAKUR SUMALATHA) JUDGE AP CT:TSM List No.: 1 Sl No.: 34