- 1 - HC-KAR NC: 2026:KHC:1407 RPFC No. 88 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA REV.PET FAMILY COURT NO. 88 OF 2024 BETWEEN: SRI. MAHALINGAIAH S/O MUDDAMALLAIAH, AGED ABOUT 32 YEARS, R/AT SALAHATTI, HALENAHALLI VILLAGE SOMPURA HOBLI, NELAMANGALA TALUK, BENGALURU RURAL DISTRICT - 562 111. …PETITIONER (BY SRI. MANOHAR B.K, ADVOCATE) AND: SMT. PRATHIBHA W/O MAHALINGAIAH D/O KARIYAPPA, Digitally signed by SOWMYA DODDAMARAIAH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:1407 RPFC No. 88 of 2024 AGED ABOUT 26 YEARS R/AT HUCHABASAVANAHALLI VILLAGE BELLAVI HOBLI, TUMAKURU TALUK TUMKUR - 572 107. …RESPONDENT (BY SRI. FAYAZ SAB B.G, ADVOCATE) THIS RPFC IS FILED UNDER SECTION 19(4) OF FAMILY COURT ACT, AGAINST THE ORDER DATED 18.10.2023 PASSED IN CRL.MISC.NO.219/2021 ON THE FILE OF THE C/C PRINCIPAL JUDGE, FAMILY COURT, TUMAKURU, PARTLY ALLOWING THE PETITION FILED UNDER SECTION 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:1407 RPFC No. 88 of 2024 ORAL ORDER Heard Sri. Manohar.B.K, learned counsel for the petitioner as well as Sri. Fayaz Sab.B.G, 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, Tumakuru in Crl.Misc.Case No.219/2021 dated 18.10.2023. 3. It is not in dispute that the respondent is the wife of the petitioner herein. Therefore, for the sake of convenience of discussion, the parties to the proceedings will hereinafter be referred to as the husband and wife. 4. Wife filed a petition under Section 125 of Cr.P.C. seeking maintenance of Rs.20,000/- from the husband. The Court through the impugned order directed the husband to pay a sum of Rs.5,000/- per month to the wife from the date of petition till the date of order and thereafter at the rate of Rs.10,000/- per month during the - 4 - HC-KAR NC: 2026:KHC:1407 RPFC No. 88 of 2024 lifetime of the wife or till she remarries towards maintenance. 5. Arguing the matter learned counsel for the husband submits that this revision petition is filed only aggrieved by the quantum of amount that is awarded as maintenance. Learned counsel submits that the husband is eking out his livelihood by doing coolie work and he earns not more than Rs.10,000/- per month. Without considering the financial status of the husband the Court ordered the husband to pay a sum of Rs.10,000/- per month towards maintenance and indeed he is unable to pay such huge amount. Learned counsel thereby seeks to allow the revision petition. 6. Per contra learned counsel who represents the wife submits that the husband has got huge landed property and he is earning a lot through agriculture. Learned counsel contends that the amount awarded by the Court as maintenance therefore is justifiable. - 5 - HC-KAR NC: 2026:KHC:1407 RPFC No. 88 of 2024 7. Though it was projected by the wife that the husband is working in a private company at Dabaspet and his earning Rs.20,000/- per month and besides that he is earning Rs.50,000/- per month, no proof to that effect is produced. The Court at para 31 of the impugned order clearly observed that Ex. P-2 to P-4 RTC extracts reveals that the property mentioned therein stands in the name of the father and grandfather of the husband. Wife failed to produce any substantive proof to establish the alleged occupation, possession of landed property and the earnings of her husband. However, the fact which remains is that the husband is able to earn and is not in any way incapacitated. Thus, taking into consideration the facts and circumstances of the case, this Court is of the view that the maintenance granted i.e., Rs.10,000/- per month to be payable from the date of the impugned order is required to be modified and be reduced to a sum of Rs.7,000/-. - 6 - HC-KAR NC: 2026:KHC:1407 RPFC No. 88 of 2024 8. Thus, the revision petition is disposed of with the following:- ORDER i. The revision petition is allowed in part. ii. The maintenance that is granted by the Court of Principal Judge, Family Court, Tumakuru through orders in Crl.Misc.Case No.219/2021 dated 18.10.2023 is modified. iii. The petitioner/husband is directed to pay the respondent/wife a sum of Rs.7,000/- per month towards maintenance from the date of the impugned order. iv. No interference of this Court so far as other directions are concerned. Sd/- (DR.CHILLAKUR SUMALATHA) JUDGE VS List No.: 1 Sl No.: 23