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2026 DAILYLAW 47704 (KAR)

SRI. VANNAM MADAVA v. SMT. V. SAVITHRI

RPFC/93/2024 · 2026-01-30

Chillakur Sumalatha

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Judgment text

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- 1 - HC-KAR NC: 2026:KHC:5303 RPFC No. 93 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA REV.PET FAMILY COURT NO. 93 OF 2024 BETWEEN: SRI. VANNAM MADAVA S/O LATE VANNAM PENCHALAIAH AGED ABOUT 39 YEARS PRESENTLY RESIDING AT S- 201, MARUTHI NILAYAM, 2ND CROSS, LAKSHMAMMA LAYOUT, BANASWADI, BANGALORE - 560043. WORKING AT AIRCRAFT DIVISION DEPT/P.B. NO.1383/72771-34 H.A.L. VIMANAPURA POST BANGALORE - 560017. …PETITIONER (BY SRI. GOUDA RAMESH KAVERI, ADVOCATE) AND: SMT. V. SAVITHRI W/O SRI. VANNAM MADAVA AGED ABOUT 38 YEARS RESIDING AT NO.451, NELLOREPURAM, NEW THIPPASANDRA BANGALORE - 560075. …RESPONDENT (BY SRI. P. MAHADEVASWAMY, ADVOCATE) Digitally signed by VIJAYALAKSHMI B N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:5303 RPFC No. 93 of 2024 THIS RPFC FILED UNDER SECTION 19(4) OF FAMILY COURTS ACT, AGAINST THE ORDER DATED 12.01.2024 IN CRL.MISC. NO. 804/2019 ON THE FILE OF VI ADDITIONAL PRL. JUDGE, FAMILY COURT, BENGALURU., PARTLY ALLOWING THE PETITION FILED UNDER SEC.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 ORAL ORDER Heard Sri.Ramesh Gouda Kaveri, learned counsel for the petitioner as well as Sri.P Mahadevaswamy, learned counsel for the respondent. 2. Husband against whom an order is passed by the Court of VI Additional Principal Judge, Family Court, Bengaluru in Crl.Misc.No.804/2019 dated 12.01.2024 directing him to pay a sum of Rs.10,000/- per month to his wife i.e., the respondent herein towards maintenance, filed the present Revision Petition. - 3 - HC-KAR NC: 2026:KHC:5303 RPFC No. 93 of 2024 3. Making his submission in respect of the merits of the matter, learned counsel for the petitioner states that respondent left the matrimonial home in the year 2011. By that time they were having two children. Respondent even did not choose to take care of the children. Petitioner brought up those two children. One son is pursuing his Engineering course at NIT Surathkal and the other son is doing MBBS. The petitioner is also under obligation to look after his aged mother. Besides doing his job he is looking after his children and mother and thereby he could not concentrate on the proceedings that were commenced on the petition filed by the respondent under Section 125 Cr.P.C. claiming maintenance. That apart the counsel appearing for the petitioner before the Family Court failed to pursue the matter as there was some misunderstanding between the petitioner and his counsel. Thus, no counter/statement of objections was filed, PW.1 was not cross- examined and no evidence was led by the petitioner. Family Court ultimately disposed of the matter - 4 - HC-KAR NC: 2026:KHC:5303 RPFC No. 93 of 2024 directing the petitioner herein to pay the respondent a sum of Rs.10,000/- per month towards maintenance. 4. Learned counsel for the petitioner submits that out of the earnings of the petitioner he has to look after the educational expenses of his sons. Learned counsel also states that per annum educational expenses itself goes to more than Rs.3,50,000/-. Learned counsel contends that the petitioner took educational loan to a tune of Rs.10,00,000/- from State Bank of India and Rs.3,00,000/- from ICICI Bank as personal loan and he is under obligation to clear those loans and he is regularly paying the EMIs which goes to around Rs.30,000/-. Learned counsel states that for the loan obtained at SBI, the EMI is Rs.23,000/- and for the loan obtained at ICICI Bank, the EMI is around Rs.7,000/-. Learned counsel also states that apart from spending around Rs.3,50,000/- towards educational expenses of his sons, paying EMIs of Rs.30,000/-, incurring medical expenditure for his aged mother, paying house rent etc. nothing is left for the - 5 - HC-KAR NC: 2026:KHC:5303 RPFC No. 93 of 2024 petitioner to pay as maintenance to his wife i.e., the respondent herein. Learned counsel thereby seeks to pass necessary orders. 5. On the other hand, learned counsel for respondent submits that respondent lives at Bengaluru where the cost of living is high. Learned counsel contends that even Rs.10,000/- is not sufficient for the respondent to maintain herself and therefore the order passed by the Family Court awarding Rs.10,000/- as maintenance should be confirmed. 6. It is not in dispute that the children born out of the wedlock remains with the petitioner and the petitioner is looking after them. Respondent has not produced any substantive proof before the Family Court with regard to the actual earnings of the petitioner. However, fact remain is that the petitioner has got his own source of earnings through his job. Having considered the liabilities on part of the petitioner, which includes looking after the welfare of - 6 - HC-KAR NC: 2026:KHC:5303 RPFC No. 93 of 2024 two children, their educational expenses, his mother and payment of money for clearing educational loan and personal loan and also taking into consideration the fact that respondent has no source of revenue, this Court is of the view that it would be wholly justifiable if the petitioner herein is ordered to pay respondent a sum of Rs.8,000/- per month towards maintenance. Therefore, the revision petition is disposed of with the following: ORDER i. The Revision Petition is allowed in part. ii. The order rendered by the Court of VI Additional Principal Judge, Family Court, Bengaluru in Crl.Misc.No.804/2019 dated 12.01.2024 is modified. iii. Petitioner is directed to pay respondent a sum of Rs.8,000/- per month towards maintenance from the date of petition till her lifetime or till she becomes disentitled to receive the same. - 7 - HC-KAR NC: 2026:KHC:5303 RPFC No. 93 of 2024 iv. Petitioner shall also pay the respondent litigation expenses of Rs.10,000/- as ordered by the Family Court. v. The order of deduction of amount from the salary of the petitioner and to remit the same to the account of the respondent shall continue for the modified amount. vi. Petitioner shall pay all arrears within a period of 3 months. Sd/- (DR.CHILLAKUR SUMALATHA) JUDGE GSR List No.: 1 Sl No.: 32