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2026 DAILYLAW 47040 (KAR)

SRI. B. RAMESH v. SMT. B.M.SOWMYA

RPFC/54/2024 · 2026-02-02

Chillakur Sumalatha

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:5817 RPFC No. 54 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA REV.PET FAMILY COURT NO.54 OF 2024 BETWEEN: SRI B. RAMESH S/O. BADRAPPA AGED ABOUT 36 YEARS R/A BEHIND M. M. ROAD A. D. COLONY, MALUR KOLAR DISTRICT-563 130 …PETITIONER (BY SRI SRINATH, ADVOCATE FOR; SRI M. R. NANJUNDA GOWDA, ADVOCATE) AND: SMT. B. M. SOWMYA W/O. B. RAMESH D/O. MUNIYAPPA Digitally signed by SOWMYA DODDAMARAIAH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:5817 RPFC No. 54 of 2024 AGED ABOUT 32 YEARS R/O. VAIBHAVA LAKSHMI NILAYA 3RD MAIN, 2ND CROSS KANAKANAPALYA KOLAR-563 101 …RESPONDENT (BY SMT. NEERAJA KARANTH, ADVOCATE) THIS RPFC IS FILED UNDER SECTION 19(4) OF FAMILY COURT ACT, AGAINST THE ORDER DATED 12.01.2024 PASSED IN CRL. MISC(FC) NO. 89/2020 ON THE FILE OF THE PRINCIPAL JUDGE, FAMILY COURT, KOLAR, PARTLY ALLOWING THE PETITION FILED U/S. 125 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 - 3 - HC-KAR NC: 2026:KHC:5817 RPFC No. 54 of 2024 ORAL ORDER Heard Sri.Srinath who represents Sri.Nanjunda Gowda.M.R, learned counsel on record for the petitioner as well as Smt.Neeraja Karanth , learned counsel for the respondent. 2. Challenge in this revision petition is the order that is rendered by the Court of Principal Judge, Family Court, Kolar in Crl.Misc.No.89/2020 dated 12.01.2024. The petitioner who is the husband of the respondent herein was directed by the Family Court, Kolar to pay the respondent a sum of Rs.4,000/- per month from the date of petition till the date of order and thereafter Rs.8,000/- per month towards maintenance and aggrieved by the same, this revision petition is filed. 3. Learned counsel for the petitioner submits that the petitioner is aggrieved by the quantum of maintenance ordered to be paid by him to the respondent. Learned counsel states that after COVID-19 pandemic respondent lost his job and as of now he has no source of earnings. - 4 - HC-KAR NC: 2026:KHC:5817 RPFC No. 54 of 2024 The Court without considering the economic position of the petitioner directed him to pay huge sum of Rs.8,000/- per month towards maintenance. Learned counsel also states that respondent studied up to M.Com and thus she can earn on her own and she has got her own sources of earnings and therefore, petitioner is not able to pay any maintenance. 4. On the other hand the submission that is made by learned counsel for the respondent is that petitioner is still working, but the respondent though is a post graduate is unable to find suitable job and thereby she is idle. Learned counsel also submits that petitioner earns around Rs.45,000/- per month even as on this day and thus he is entitled to pay the sum that is ordered by the Family Court as maintenance. Learned counsel thereby seeks to dismiss the revision petition. 5. It is not in dispute that both the petitioner as well as the respondent are post graduate degree holders. - 5 - HC-KAR NC: 2026:KHC:5817 RPFC No. 54 of 2024 Petitioner failed to produce any proof that respondent is doing job and thereby she has got her own source of income or the respondent has got any property which yields profit. Equally respondent failed to produce any substantive proof with regard to the occupation and earnings of the petitioner. Though the Family Court discussed at length the merits of the matter, yet without considering the economic position of the petitioner and his earnings, it directed the petitioner to pay respondent a sum of Rs.8,000/- per month towards maintenance. In the absence of any proof with regard to the earnings, awarding such amount towards maintenance and asking the petitioner to pay the same is unjustifiable. Having considered the totality of evidence produced and the financial status of the petitioner, this Court is of the view that the petitioner can only be directed to pay the respondent a sum of Rs.6,000/- per month towards maintenance. Therefore, the revision petition is disposed of with the following: - 6 - HC-KAR NC: 2026:KHC:5817 RPFC No. 54 of 2024 ORDER (i) Revision petition is allowed-in-part. (ii) Maintenance granted in favour of respondent through the impugned order i.e., through the order of the Court of Principal Judge, Family Court, Kolar in Crl.Misc.No.89/2020 dated 12.01.2024 is reduced from Rs.8,000/- to Rs.6,000/-. (iii) Petitioner is directed to deposit all arrears within a period of 2 months. (iv) Amount if any in deposit as of now be disbursed to the respondent/wife to the extent to which she is entitled to till date. (v) Accordingly, IA No. 1/2025 is disposed of. Sd/- (DR.CHILLAKUR SUMALATHA) JUDGE NS CT:VC List No.: 1 Sl No.: 36