Writ Petition No. 22293 of 2024 · The High Court
Case Details
- 1 - NC: 2025:KHC:24367 WP No. 22293 of 2024 HC-KAR IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JULY, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 22293 OF 2024 (GM-FC) BETWEEN: SMT. KAVYA SHREE H.G., W/O DR H.B.MURALIDHARA, D/O GOVINDAPPA, AGED ABOUT 38 YEARS, R/AT NO.7, 2ND MAIN ROAD, RESHMENAGAR (GAANIGARAPALYA) THALAGHATTAPURA POST, BSK 6TH STAGE, KANAKAPURA MAIN ROAD, BENGALURU-560 062 ALSO R/AT RESIDENCE OF GOVINDAPPA, HOYSALAKATTE, HULIYAR HOBLI, CHIKKANAYANAHALLI TALUK, TUMKUR DISTRICT-572 218 …PETITIONER Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA
Legal Reasoning
(BY SMT.SMITHA S MUCHANDI, ADVOCATE FOR SRI. SIDDHARTH B.MUCHANDI, ADVOCATE) AND: SRI DR.H.B. MURALIDHARA, S/O BASAVARAJAIAH B, AGED ABOUT 42 YEARS, R/AT CIIRC, JYOTHY INSTITUTE OF TECHNOLOGY, TATHAGUNI, KANAKAPURA ROAD, BENGALURU-560 082 (BY SRI. PRAKASH TIMMANNA HEBBAR, ADVOCATE) …RESPONDENT THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED - 2 - NC: 2025:KHC:24367 WP No. 22293 of 2024 HC-KAR 30.03.2024 IN MC NO. 261/2022 PASSED BY THE HONBLE IV ADDL. SENIOR CIVIL JUDGE, BENGALURU RURAL UPON THE APPLICATION UNDER SECTION 24 OF THE HINDU MARRIAGE ACT I.E. ANNEXURE-A. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER Aggrieved by the order passed in I.A.No.II in M.C.No.261/2022 dated 31.05.2022 by the IV Additional Senior Civil Judge, Bengaluru Rural, whereby the trial Court had granted maintenance of an amount of Rs.10,000/- per month to the wife and an amount of Rs.30,000/- per year as school fee of the son till disposal of the petition, the petitioner/wife is before this Court seeking enhancement of the maintenance granted by the trial Court. 2. The parties are referred to as husband and wife for the sake of convenience. 3. The wife had filed I.A.No.II under Section 24 of the Hindu Marriage Act seeking maintenance of an amount of Rs.60,000/- per month to herself and the male child and an amount of Rs.50,000/- per year towards cost and expenses for litigation. While passing this order, the trial Court had - 3 - NC: 2025:KHC:24367 WP No. 22293 of 2024 HC-KAR considered the contentions of both the parties. The Court had observed that though it is the case of the wife that the husband is earning an amount of Rs.1,50,000/- per month, she has not produced any material to substantiate her case. The objections of the husband shows that he is drawing salary of Rs.1,00,513/- and after deductions under various schemes, he would draw an amount of Rs.23,250/-. On the basis of the objections, it is clear that some of the deductions are voluntary and not statutory. The trial Court had observed that the husband can control the voluntary investments, deductions and can retain some more amount and utilize it towards the maintenance of the wife and the son. The Court had also observed that merely because the wife is a graduate and able to earn herself, he cannot be absolved from his liabilities on the said ground and even she is a graduate she would be entitled to claim maintenance and the husband is legally bound to maintain the wife. It is also observed that it is the contention of the husband that he used to pay the education expenses of the son, but he has not produced any documents regarding payment of the same. Except some bank account statements, the wife has also not produced material authenticated - 4 - NC: 2025:KHC:24367 WP No. 22293 of 2024 HC-KAR documents to prove the expenses. Accordingly, the trial Court had granted an amount of Rs.10,000/- per month as maintenance and an amount of Rs.30,000/- per year as school fee of the son. 4. Learned counsel appearing for the petitioner/wife submits that when the husband is earning more than an amount of Rs.1,00,000/-, when the wife is not working, their maintenance cannot be taken care with an amount of Rs.10,000/- per month. It is submitted that the amount that is granted by the trial Court is not an appropriate interim maintenance. It is submitted that the amount needs to be enhanced considering the requirements of the wife and the son. 5. Learned counsel appearing for the respondent/husband submits that thought his salary is an amount of Rs.1,00,513/-, after deduction, his take home salary is an amount of Rs.60,000/-. He has parents, whom he has to support and the Court had rightly granted the maintenance and there are no grounds to interfere with the said order. It is submitted that compromise talks are going on and there is a likelihood of settlement and hence the matter may be adjourned. - 5 - NC: 2025:KHC:24367 WP No. 22293 of 2024 HC-KAR 6. Having heard the learned counsels on either side, perused the entire material on record. With regard to the settlement, this writ petition is arising out of I.A.No.II filed under Section 24 of the Hindu Marriage Act. The matter is pending before the trial Court and if there is any likelihood of settlement, the same could be worked out before the trial Court. Then coming to the facts of this case, the husband's salary is Rs.1,00,513/- and in the deductions, he is showing some EMIs and other things and it is stated that his take home salary is Rs.60,000/-. He is living in a house which he bought on the loan from the bank and he also do not have to pay any amount towards the house rent. When it comes to the wife, she has to take care of the accommodation and all other requirements. The parties are residing separately from the year 2022. It is the case of the wife that though she is a graduate, because of the insistence of the husband she stopped working when they got married in the year 2011. When the wife is not working till 2022, this Court do not expect that immediately the wife will get a job with her qualification. The trial Court rightly observed that it is the duty of the husband to take care of the needs of the wife and the son, but When the husband is getting - 6 - NC: 2025:KHC:24367 WP No. 22293 of 2024 HC-KAR an amount of Rs.1,00,513/- granting an amount of Rs.10,000/- per month towards maintenance is not a reasoned order. Hence, this Court is passing the following order:
Decision
ORDER i. The order passed in I.A.No.II in M.C.No.261/2022 dated 31.05.2022 by the IV Additional Senior Civil Judge, Bengaluru Rural, is modified and the maintenance is enhanced from an amount of Rs.10,000/- per month to Rs.25,000/- per month. ii. The respondent/husband shall continue to pay the education expenses of the child. iii. Accordingly, the writ petition is disposed of. iv. All I.As. in this writ petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE MEG List No.: 1 Sl No.: 22