- 1 - HC-KAR NC: 2026:KHC-D:565 WP No. 108924 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 20TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO.108924 OF 2025 (GM-FC) BETWEEN: 1. SMT. VANI W/O. BADARINARAYAN NAIK @ VANI ARSHI, AGE. 38 YEARS, OCC. HOME MAKER, R/O. GOKUL ROAD, HUBBALLI-580024. 2. SUDARSHAN NAIK S/O. BADARINARAYAN S.NAIK, AGE. 11 YEARS, OCC. STUDENT, R/O. GOKUL ROAD, HUBBALLI-580024. (NOTE: SINCE MINOR THE PETITIONER NO.2 IS REP. BY NATURAL GUARDIAN MOTHER PETITIONER NO.1) …PETITIONERS (BY SMT. VANI B.NAIK, @ VANI ARSHI, PARTY IN PERSON FOR HERSELF AND ON BEHALF OF P2) AND: SRI. BADARINARAYAN S.NAIK, AGE. 42 YEARS, OCC. SOFTWARE ENGINEER, S/O. S.S. NAIK, NOW AT B-201, 2ND FLOOR, B-BLOCK, GOPALAN FLORENZA, GANAKALLU VILLAGE, KENGERI, HOBLI, BENGALURU SOUTH TALUK, BENGALURU-560060. …RESPONDENT (BY SRI. MAHESH M., ADVOCATE (ABSENT)) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI TO QUASH THE ORDER DATED 23.05.2025 ON I.A. NO.II OF CRIMINAL MISC. NO.383/2024, BEFORE PRL. JUDGE, FAMILY COURT, HUBBALLI, VIDE ANNEXURE-H AND ISSUE WRIT IN THE NATURE OF MANDAMUS TO THE PRL. JUDGE FAMILY COURT HUBBALLI FOR ENHANCEMENT OF THE AMOUNT RS.30,000/- TO Digitally signed by VIJAYALAKSHMI M KANKUPPI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC-D:565 WP No. 108924 of 2025 81,000/- PER MONTH, IN THE INTEREST OF JUSTICE AND EQUITY AND REFUNDING OF STRIDHAN (GOLD ORNAMENTS) AMOUNT TO THE CURRENT MARKET RATE. THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER Aggrieved by the order passed on I.A.No.2 in Crl.Misc.No.383/2024 dated 23.05.2025 by the Principal Judge, Family Court, Hubballi, the wife is before this Court. 2. The parties are referred to as wife and husband for the sake of convenience. 3. The petitioner herein, who appeared as a party-in- person before this Court, has filed Crl.Misc.No.383/2024 under Section 125 of Cr.P.C., seeking maintenance of an amount of Rs.81,400/-. She also filed I.A.No.2 seeking interim maintenance of an amount of Rs.50,000/- per month. It is the case of the petitioner that the husband had willfully and deliberately neglected her and her child. When she was in the matrimonial home, she was subjected to mental and physical cruelty. According to her, husband is working as an engineer in a Multinational Company and earning Rs.3,50,000/- per month and - 3 - HC-KAR NC: 2026:KHC-D:565 WP No. 108924 of 2025 also having passive source of income upto Rs.2,00,000/- per month and capable to pay the maintenance. 4. The respondent had filed his objection and stated that he never refused or neglected to maintain the wife and child. The wife under the influence of one self-proclaimed godman astrologer and believing his ill-advise by her father, without understanding the reality of life, from 2016, causing untold strain in their married life. It is stated that a flat at ‘Sriram Smrithi Apartments’ was purchased in their joint names and entire sale consideration, expenses and Bank EMI’s are paid by him. The wife has suppressed several true facts and filed false petition and not approached the Court with clean hands. As such, she is not entitled for maintenance. 5. The Family Court by order impugned had granted maintenance of an amount of Rs.30,000/- per month. While granting the maintenance, the Court observed that there is no dispute regarding the relationship between the petitioner and the respondent and in the wedlock, they are blessed with a son. The qualification of the petitioner-wife is B.E., in computers. She has stated that her requirement per month is about Rs.81,400/- and - 4 - HC-KAR NC: 2026:KHC-D:565 WP No. 108924 of 2025 the child is 10 years old. The respondent’s qualification is B.E., in electrical and his earnings are shown as Rs.45,00,000/- per annum. The petitioner has not produced any bank statement and the respondent has filed the assets and liabilities. He has shown his general monthly expenses for an amount of Rs.2,35,547/- per month and also shown the liability of EMI of Rs.64,300/- per month. His mother is housewife and father is pensioner and he has given details regarding payment of his rent to the house and other expenses and he has also shown the medical insurance policy in the name of his wife and son paying Rs.66,870/- per annum and also about the ill-health of his father and mother. It is also stated that he is voluntarily paying Rs.10,000/- per month for the education of the child and also filed the salary certificate that he is earning Rs.3,89,329/- per month. The Court has observed that both the parties are highly qualified and educated persons and they have to look after the welfare of the child as per their status and provide education in a reputed school. It is the duty of both the parents to take care of the child as well as its welfare. The wife is taking care of the child and giving moral support to the child. At this stage, the welfare and interest of the child has to be looked into. Therefore, considering the - 5 - HC-KAR NC: 2026:KHC-D:565 WP No. 108924 of 2025 qualification of the respondent, minimum requirement has to be fulfilled to the child, being a father. Therefore, the Court had awarded Rs.30,000/- per month. Aggrieved thereby, the wife is before this Court. 6. The party-in-person/wife submits that earlier her husband's income was Rs.40,00,000/- per annum and now it is Rs.70,00,000/- per annum. It is submitted that though her expenses are Rs.81,400/- and odd, at the advice of the advocate, she sought for interim maintenance of Rs.50,000/-. It is submitted that the husband is earning sufficiently and he has a responsibility to take care of the child and the wife. It is submitted that the husband is not regular in paying the maintenance and because of her family responsibilities, though she did her B. E., in computers 6½ years ago, quit her job. She is living in a rented premises and she has to take care of the responsibility of the child and herself. When the husband is getting the salary of an amount of Rs.40,00,000/- per annum, the Court had granted Rs.30,000/- as interim maintenance. It is submitted that the expenses of the child are Rs.1,00,000/- per annum and in spite of the fact that the expenses of the petitioners are Rs.81,400/- per month interim maintenance was - 6 - HC-KAR NC: 2026:KHC-D:565 WP No. 108924 of 2025 sought for an Rs.50,000/-. As she is not able to get proper legal advice and she has no confidence, she is appearing before the Court as party-in-person. It is submitted that as per her statement of assets and liabilities the expenditure shown is Rs.81,400/- per month. It is submitted that the amount may be enhanced and she may be granted maintenance of an amlont of Rs.81,400/- per month. 7. Though vakkalath is filed on behalf of the respondent, there is no representation on behalf of the respondent. 8. Having heard the party-in-person, perused the entire material on record. Even according to the husband, his salary is Rs.3,89,329/- per month as on the day and according to him, he has monthly expenses of Rs.2,35,547/- and paying EMI of Rs.64,300/- per month. Now certain material is placed before this Court by the wife showing that his salary is increased to Rs.70,00,000/- per annum. Now, at this stage, this Court is not going into that aspect. When the respondent's father is a pensioner and he has no responsibility and the respondent is earning more than Rs.3,75,000/- per month, granting an amount - 7 - HC-KAR NC: 2026:KHC-D:565 WP No. 108924 of 2025 Rs.30,000/- per month to the wife and the child by the Family Court was not a well considered order. When the wife has stated before the Court that her monthly requirement is about Rs.81,400/-, the interim application is filed seeking maintenance of Rs.50,000/-, that itself strengthens the submission of the party-in-person that she is not getting proper legal advice and she is appearing as party-in-person. Though the wife is educated, she is not employed from the last 6½ years. The age of the child is 11 years and as she has been taking care of the education of child, just because she is educated, that cannot be a ground to deny the maintenance to her. In the facts and circumstances, as on 2024 the husband's salary was Rs.40,00,000/- per annum i.e., around Rs.3,75,000/- per month. Intending to secure the wife’s right to live with dignity maintenance being a measure of social justice, the Court is required to assess the reasonable needs of the wife and child on the basis of material on record. The wife has placed before the Court what is her requirement, but in the interim application it is stated that she requires an amount of Rs.50,000/- per month, which clearly shows what is the requirement of the wife. This Court has to look at substantial justice and it prevails over - 8 - HC-KAR NC: 2026:KHC-D:565 WP No. 108924 of 2025 technicalities. Hence, this Court deems it appropriate to grant an amount of Rs.81,400/- as maintenance. 9. It is submitted that the husband is not paying the maintenance regularly and she seeks direction that this Court may pass an order staying all further proceedings in M.C case till he pays the maintenance. This Court cannot pass such an order, if the husband is not regularly paying the maintenance as per the order passed by the Family Court. The wife is always at liberty to file an appropriate application before the Family Court under Section 151 CPC seeking stay all further proceedings till the maintenance is paid to her. Accordingly, this Court is passing the following: ORDER (i) The order passed on I.A.No.2 in Crl.Misc.No. 383/2024 dated 23.05.2025 by the Principal Judge, Family Court, Hubballi, is set aside and the interim maintenance is enhanced from an amount of Rs.30,000/- to Rs.81,400/- per month from the date of the application for interim maintenance. - 9 - HC-KAR NC: 2026:KHC-D:565 WP No. 108924 of 2025 (ii) Accordingly, the writ petition stands disposed off. (iii) All I.A.s, in this writ petition stand closed. Sd/- JUSTICE LALITHA KANNEGANTI YAN CT: UMD List No.: 1 Sl No.: 10