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HC-KAR NC: 2025:KHC:29376 RPFC No. 34 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30THDAY OF JULY, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI REV.PET FAMILY COURT NO. 34 OF 2024 BETWEEN:
SRI.RAJARAM.S S/O SRI.SHEKAR M AGED ABOUT 42 YEARS R/A NO.B-4, K.T.,326 41THCROSS, K.E.B.COLONY CHAMUNDESHWARI NAGARA MANDYA-571401 …PETITIONER (BY SRI.C.R.GOPALASWAMY., LEARNED SENIOR COUNSEL FOR SRI.BHARGAV.G.,ADVOCATE)
AND:
SMT. PRAMILA V W/O SRI.RAJARAM S AGED ABOUT 32 YEARS R/A NO.22/3 C/O VITTALA SHETTY VASANTHPUPRA ROAD KONANAKUNTE CROSS KANAKAPURA ROAD BENGALURU-560062 …RESPONDENT (BY SMT.PRAMILA.V., RESPONDENT-SERVED)
THIS RPFC IS FILED UNDER SEC.19(4) OF THE FAMILY COURTS ACT, 1984 AGAINST THE ORDER DATED 30.08.2023 PASSED IN CRL.MISC. NO.369/2016 ON THE FILE OF IV ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, BENGALURU.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:29376 RPFC No. 34 of 2024
CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
ORAL ORDER Aggrieved by the order passed in Crl.Misc.No.369/2016 dated 30.08.2023 on the file of the IV Additional Principal Judge, Family Court, Bengaluru. Husband is before this Court questioning the maintenance of an amount of Rs.12,000/- per month granted to the petitioner and Rs.10,000/- to the minor child and also litigation expenses of Rs.25,000/-. 2. The wife had filed the instant petition seeking maintenance of an amount of Rs.50,000/- per month and sum of Rs.3,00,000/- to set up a leased houseand also sought for the litigation expenses.It is the case of the respondent that the marriage between the petitioner and the respondent was solemnized as per Hindu rites and customs. It is the case that the husband is a doctor earning lakhs of rupees and alsohe is having other landed properties.Earlier,when IANo.2 was filed seeking interim maintenance, theCourt had granted sum of Rs.25,000/-,
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HC-KAR NC: 2025:KHC:29376 RPFC No. 34 of 2024
against that the husband has filed a writ petition before the Co-ordinate Bench of this Court in WP No.41103 of 2018 and by order dated 11.10.2019 has granted an amount of Rs.10,000/- as interim maintenance and when the final order was passed by the Court granting an amount of Rs.22,000/. 3. Learned counsel appearing for the petitioner submits the petitionerhas filed his income-tax returns and also placedbefore the Court i.e., his income is Rs.22,000/. The Court having perused the income-tax returns,gave a finding that even a driver is earning much more than that amount and the said amount stated by the husband cannot be believed.It is submitted that he is working as a Ayurvedic Doctor and he is practicing in a village and when the material is placed before the Court with regard to the income, the Court ought not have done any guesswork and ought not to have granted an amount of Rs.22,000/- now he is left with onlyRs.3,000/-. It is submitted that the Court without consideringthe evidence on record had
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HC-KAR NC: 2025:KHC:29376 RPFC No. 34 of 2024
granted the exorbitant amount as maintenance which the petitioner is not in a position to pay. 4. In this matter, notice has been served to respondent and no vakalatha is filed on their behalf. 5. Having heard the learned Senior counsel appearing for the petitioner, perused the entire material on record. 6. As per the judgement in the case of Rajnesh v. Neha1when the statement of assets and liabilities are filed by the parties and when the income-tax returns were placed before the Court and discloses what is the income of the husband, the Court ought not to have given the finding that even a driver is earning sum of Rs.25,000/- per month and it cannot be believed that Homeopathic Doctoris earning Rs.25,000/- per month.Here there is no requirement for the Court to do any guesswork when there is evidence on record.
1(2021) 2 SCC 324
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HC-KAR NC: 2025:KHC:29376 RPFC No. 34 of 2024
In that view of the matter and balancing the interest of both the parties, this Court is passingthe following; ORDER i. The order passed inCrl.Misc.No.369/2016 dated 30.8.2023 by IV Additional Principal Judge, Family Court, Bengaluru is modified and maintenance of an amount of Rs.12,000/- per month is reduced to Rs.10,000/- per month, as far the litigation expenses are concerned this Court is not interfering. ii. Accordingly, the RPFC is disposed off. iii. All I.As. in the revision petition shall stand closed.
SD/- (LALITHA KANNEGANTI) JUDGE
MEG,SR List No.: 1 Sl No.: 37