- 1 - HC-KAR NC: 2026:KHC:5233 RPFC No. 221 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI REV.PET FAMILY COURT NO. 221 OF 2024 BETWEEN: SRI. NANDEESHA S/O SRI BASAVAIAH AGED ABOUT 44 YEARS R/AT 2858/1, 3RD CROSS JAYANAGAR MYSURU -570 014 …PETITIONER (BY SRI. RENUKARADHYA R.D., ADVOCATE) AND: SMT. SUDHAMINI W/O LATE BASAVAIAH AGED ABOUT 64 YEARS Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:5233 RPFC No. 221 of 2024 R/AT NO 2858/1 3RD CROSS, JAYANAGAR MYSURU -570 014 …RESPONDENT (RESPONDENT IS SERVED) THIS RPFC FILED UNDER SEC.19(4) OF THE FAMILY COURTS ACT., AGAINST THE ORDER DATED 27.07.2024 PASSED IN Crl. Misc NO.404/2010 ON THE FILE OF I ADDITIONAL PRL. JUDGE, FAMILY COURT, MYSURU, 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 SMT. JUSTICE LALITHA KANNEGANTI - 3 - HC-KAR NC: 2026:KHC:5233 RPFC No. 221 of 2024 ORAL ORDER Aggrieved by the orders passed in Crl.Misc.No.404/2010 dated 27.07.2024 by the I Addl. Prl. Judge, Family Court at Mysuru, the petitioner/son is before this court. The petitioner is the son and the respondent is the mother. 2. They are referred to as son and mother for the sake of convenience. 3. The respondent/mother has filed Crl.Misc.No 404/2010 seeking maintenance of an amount Rs.15,000/- from the date of the petition. It is her case that her husband passed away two years back. The son, at the instigation of his wife, deserted the mother and started living separately with his wife and children in the house belonging to her husband. The mother, as she is old and unable to earn her livelihood, she has approached the son and his wife with a request to maintain her. However, they have not allowed the mother to enter into their house, as such she is constrained to file this petition. - 4 - HC-KAR NC: 2026:KHC:5233 RPFC No. 221 of 2024 4. It is the case of the son that, the mother has come before the Court by suppressing the true facts. He states that mother has left the family and she was residing separately. Mother has neglected her husband as well as her children. The mother is residing at her mother's place along with her relatives since long time, even during the lifetime of her husband. She has filed several false cases against the petitioner and his father and made them to suffer. The present petition is filed only with an intention to harass her. It is a case that the mother owns a house in her name bearing Door No. EWS.21 & 21A, consisting of three houses at Jayanagar, Mysore and from the said property she is getting sufficient rent and leading a luxurious life. She has rented the properties and getting more than Rs.10,000/- to Rs.15,000/- rent per month. The Family Court by order impugned had granted maintenance of an amount of ₹.12,000/- per month. While passing the order, the Family Court has observed that even though the son is having sufficient source of income and also acquired ancestral properties from his father and getting huge source of income from those ancestral properties, it is his bounding duty to maintain his mother for providing her maintenance. The - 5 - HC-KAR NC: 2026:KHC:5233 RPFC No. 221 of 2024 mother by adducing oral and documentary evidence has proved before the Court that after the death of her husband, the son has deserted her and neglected to maintain her by providing maintenance to her and accordingly the Family Court has held that she is entitled for maintenance. 5. Learned counsel appearing for the petitioner/son submits that the petitioner is doing a petty business in Mysore City. He has to take care of his wife and two minor children and he is not having sufficient source of income. It is submitted that no doubt the son has the responsibility to take care of his mother but he is not in a position pay an amount of Rs.12,000/- per month as ordered by the Family Court. It is submitted that the mother is having sufficient income and the mother is residing with his sisters who are none other than the daughters of the respondent and only with an intention to harass the son, the present petition is filed. 6. Though notice is served on the respondent, no vakalath is filed on her behalf. - 6 - HC-KAR NC: 2026:KHC:5233 RPFC No. 221 of 2024 7. Having heard the learned counsel for the petitioner/son and perused the entire material on record. The Family Court had granted maintenance of an amount of Rs.12,000/-, what is basis for the Court to come to the conclusion that what is financial status of the son to pay the amount is not discussed by the Family Court. According to the son, the mother is having sufficient income, no material evidence is placed before the Court in that regard. However considering the fact that the petitioner/son has a family to take care for himself, wife and two children and also considering the occupation of the petitioner, an amount of Rs.12,000/- granted by the Family Court is on the higher side. Balancing the interest of both the parties i.e., both the son and the mother, this court deems it appropriate to pass the following: ORDER i. The order passed in Crl.Misc.No.404/2010 dated 27.07.2024 by the I Addl. Prl. Judge, Family Court at Mysuru is modified and the maintenance is reduced to Rs.6,000/-. - 7 - HC-KAR NC: 2026:KHC:5233 RPFC No. 221 of 2024 ii. The petitioner/son shall continue to pay Rs.6,000/- by 5th of every succeeding month and arrears at 6,000/- shall be paid in equal installments within a period of one year from the date of receipt of the copy of the order. iii. Accordingly, the revision petition is disposed of. iv. All I.As. in the petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE TS List No.: 1 Sl No.: 21