Karnataka High Court
Smt Shruthi C vs Sri Ganesh Kumar on 4 February, 2025
Author: Pradeep Singh Yerur
Bench: Pradeep Singh Yerur
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NC: 2025:KHC:5033
WP No. 23652 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF FEBRUARY, 2025
BEFORE
THE HON'BLE MR JUSTICE PRADEEP SINGH YERUR
WRIT PETITION NO. 23652 OF 2024 (GM-FC)
BETWEEN:
1. SMT.SHRUTHI C.,
AGED ABOUT 32 YEARS,
W/O GANESH KUMAR.
2. MASTER MOHAK,
AGED 8 YEARS,
S/O GANESH KUMAR,
MINOR, REPRESENTED BY
HIS NATURAL GUARDIAN
AND MOTHER
PETITIONER NO. 1
BOTH ARE RESIDING AT: NO.5-32/40,
"SRI GANESH", GROUND FLOOR,
MAHALASA LAYOUT, BOLPUGUDDE,
Digitally signed KAVOORU, MANGALORE - 575 015.
by KAVYA R ...PETITIONERS
Location: High (BY SRI ASWATHAPPA D., ADVOCATE)
Court of
Karnataka AND:
SRI GANESH KUMAR,
AGED ABOUT 40 YEARS,
S/O S.SUBRMANYA,
RESIDING AT NO.5-32/40(1),
"SRI. GANESH", 1ST FLOOR,
MAHALASA LAYOUT,
BOLPUGUDDE,
KAVOORU, MANGALORE - 575 015.
...RESPONDENT
(BY SRI RAJASHEKAR S., ADVOCATE)
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WP No. 23652 of 2024
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET
ASIDE AND/OR MODIFY THE ORDER DATED 10.10.2023
PASSED IN CRIMINAL MISC.CASE NO.12/2023 BY THE COURT
OF I ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT,
DAKSHINA KANNADA MANGALURU ON IA-II PRODUCED AT
ANNEXURE-E IN ENHANCING/GRANTING THE INTERIM
MAINTENANCE AMOUNT FROM RS.20,000/- TO RS.60,000/-
(SIXTY THOUSAND) PER MONTH AND RS.1,000/- PER MONTH
TOWARDS SCHOOL VAN FEE, TO BOTH THE PETITIONERS
FROM THE DATE OF PETITION BEFORE THE TRIAL COURT AND
ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING
IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS
UNDER:
CORAM: HON'BLE MR JUSTICE PRADEEP SINGH YERUR
ORAL ORDER
This petition is filed by petitioner No.1-wife and petitioner No.2-minor child challenging the order dated 10.10.2023 passed in Criminal M.C.No.12/2023 by the Court of I Additional Principal Judge, Family Court, Dakshina Kannada, Mangaluru on I.A.No.II, whereby the Family Court partly allowed the application and granted an interim maintenance amount of Rs.20,000/- per month to petitioner No.1 and petitioner No.2 from the date of filing of the petition until further order.
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2. Petitioner No.1-wife is before this Court seeking enhancement of interim maintenance.
3. It is the vehement contention of the learned counsel for petitioner-wife that the interim maintenance award passed by the Family Court is very meager and it would not be sufficient for the petitioners to meet day-to- day expenditures, including food, shelter, educational expenses and other miscellaneous expenses. It is also contended by the learned counsel for petitioner that an application was filed seeking an interim maintenance amount of Rs.30,000/- per month for petitioner No.1-wife and Rs.30,000/- per month for petitioner No.2-minor child.
3.1 Learned counsel contends that the respondent- husband is working and earning more than Rs.1,35,116/- per month as net income and based on that, initially Rs.6,000/- of maintenance was awarded and thereafter, by virtue of the present order, which is challenging on I.A.No.II, Rs.20,000/- per month came to be awarded as interim maintenance to both the petitioners. -4-
NC: 2025:KHC:5033 WP No. 23652 of 2024 3.2 Learned counsel further contends that the educational expenses of petitioner No.2-minor child is Rs.1,20,000/- per annum. Therefore, the amount awarded by the Family Court is on the lower side and the same requires to be enhanced substantially for the sustenance of petitioner Nos.1 and 2. He also contends that petitioner No.1-wife is unemployed and has no source of income, whereas the respondent-husband is gainfully employed. It is also contended that petitioner No. 2-minor child has undergone medical surgery, which also incurs expenditure. On these grounds, he seeks to allow this petition and consequently, enhance the compensation to Rs.60,000/- per month.
4. Per contra, learned counsel for respondent- husband vehemently contends that the impugned order is not sustainable, whereby the Family Court awarded Rs.20,000/- per month and hence, he has preferred an application seeking review of the said order and to produce documents and other materials, so also sought to -5- NC: 2025:KHC:5033 WP No. 23652 of 2024 review the order on several grounds urged therein. It is also contended by the learned counsel for respondent that he has been paying maintenance at the rate of Rs.6,000/- per month, which was earlier granted in the proceedings filed in Crl.M.C.No.24/2022 under the Protection of Women From Domestic Violence Act. It is also contended by the learned counsel for respondent that he has been diligently paying the educational expenses to the minor child.
4.1 Learned counsel for respondent further contends that the petitioners are residing in the house belonging to the respondent in one portion i.e., in the ground floor portion and in the first floor portion the property is occupied by the sister of respondent who is the joint owner of the property. Therefore, he contends that accommodation is provided by the respondent and educational expenses of the child is also provided by the respondent. It is only for food and other miscellaneous expenses, amount required to be paid, and the amount of Rs.20,000/- per month is exorbitant and the same -6- NC: 2025:KHC:5033 WP No. 23652 of 2024 requires to be reduced and the amount of Rs.6,000/- per month which has already been paid by the respondent be accepted till further orders are passed on the review petition initiated by the respondent or in the main petition of the proceedings under Section 125 of Cr.P.C. On these grounds, he seeks to reduce the amount already passed by the Family Court by the impugned order and permit him to pay Rs.6,000/- per month as maintenance to the petitioners.
5. I have heard the learned counsel for petitioners and the learned counsel for respondent, there is no dispute to the fact that the petitioners are the wife and the child of the respondent respectively, so also the fact that petitioner No.2-minor child is undergoing education expenses of Rs.1,20,000/- per annum. It is also not in dispute by the parties that the petitioners are residing in the house belonging to the respondent in one portion i.e., on the ground floor consisting of two rooms. Be that as it may, the shelter is no doubt provided by the respondent- -7-
NC: 2025:KHC:5033 WP No. 23652 of 2024 husband and as per the respondent, he is paying educational expenses.
6. Nevertheless, for food and other expenditures, the respondent is liable to maintain the petitioners, who are none other than his wife and minor child. Though it is the vehement contention of the learned counsel for respondent that, petitioner No.1 is capable and qualified to work and live, there are no documents produced before this Court and before the learned Judge of the Family Court while deciding this application. In view of the same, the respondent has preferred a review petition before the Family Court to reconsider the grant of maintenance of Rs.20,000/- per month, which is yet to be adjudicated.
7. The interim maintenance amount awarded by the Family Court at Rs.20,000/- per month, though sought to be enhanced by the petitioners by filing this petition, in view of the review application being filed, the educational expenses being paid and certain documents relied on by the respondent before this Court, which are also relied on -8- NC: 2025:KHC:5033 WP No. 23652 of 2024 before the Family Court at Mangaluru, it would be in the interest of both parties that the matter be decided considering all these documents that are produced and fresh documents that would be filed in the course of deciding the main petition under Section 125 of Cr.P.C. Until then, the petitioners would be entitled to an amount of Rs.20,000/- per month as interim maintenance and the respondent-husband shall continue to pay the educational expenses of petitioner No.2-minor child.
8. Accordingly, I pass the following:
ORDER
i) The writ petition is disposed off by sustaining the order dated 10.10.2023 passed in Criminal M.C.No.12/2023 by the Court of I Additional Principal Judge, Family Court, Dakshina Kannada, Mangaluru on I.A.No.II, grant of interim maintenance of Rs.20,000/- per month.-9-
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ii) The Family Court shall decide the main matter itself, taking into consideration the review petition and the documents filed along with it or any other documents that have been produced, evidence adduced by the parties and decide the matter afresh for the award of maintenance.
iii) The parties are at liberty to file a memo of calculation with regard to details of the educational expenses, food, sustenance, and other miscellaneous expenses that were incurred by the petitioners.
iv) The respondent-husband is at liberty to file the necessary documents with regard to the educational qualification or avocation or source of income of petitioner No.1-wife, including his own deductions and expenditures for payment of maintenance.
v) It is seen that since the respondent has not questioned the order of maintenance
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NC: 2025:KHC:5033 WP No. 23652 of 2024 granted by the Family Court, this Court cannot put the petitioners in a worse situation, as respondent has not questioned the order, it is the petitioners, who are before this Court seeking enhancement of maintenance.
vi) The learned Family Judge shall decide the matter in accordance with law on the basis of materials placed on record without being influenced by this order, including enhancement or reduction of the maintenance based on the facts and circumstances and documents placed before the Family Court. The Family Court shall decide the matter expeditiously.
vii) It is needless to mention that the respondent-husband shall pay the entire arrears of maintenance as per the orders passed by the Family Court and in case the Family Court reduces the maintenance
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WP No. 23652 of 2024
amount, the same shall be adjusted
towards future payments of the
maintenance.
viii) Ordered accordingly.
Sd/-
(PRADEEP SINGH YERUR)
JUDGE
CPN
CT:SNN