ORDER

Aggrieved by the order passed in I.A.No.2 in Crl.Misc.No.406/2020 dated 07.05.2022 by the Principal Judge, Family Court, Bengaluru, whereby the Family Court had granted maintenance of an amount of Rs.12,000/- per month and litigation expenses of an amount of Rs.15,000/- to the wife, the husband is before this Court questioning the same.

2. The parties are referred to as husband and wife for the sake of convenience.

3. The wife had filed I.A.No.2 under Section 125 of Cr.P.C. seeking maintenance of an amount of Rs.30,000/- per month and litigation expenses of an amount of Rs.50,000/-. Both the parties have filed their respective statement of assets and liabilities. It is the case of the wife that the marriage between the parties was solemnized on 28.02.1994 and out of the wedlock, they are blessed with a boy, who is a major. It is stated that the wife has completed 8th standard and is a house wife and she is currently residing in a rented house. She had incurred a sum of Rs.1,50,000/- towards her son's expenses and she had taken hand loan of an amount of Rs.2,50,000/- from her brother. It is her case that the husband is doing real estate business at Bengaluru and Chikkaballapura and he is earning more than an amount of Rs.2,00,000/- per month from his real estate business, getting rent from house properties and also income from agricultural properties. It is stated that the husband has received an amount of Rs.38,00,000/- by selling the Jayanagar property and it is further stated that he has three floor house at Jayanagar in Bengaluru, houses at Gowribidanur in Chikkaballapur district. The husband is also having land of 1 acre 11 guntas situated at Neshakuntahalli, Kasaba Hobli, Gowribidanur Taluk, Chikkaballapur district. He also owns movable properties such as two wheeler vehicle in two numbers and a four wheeler Alto car and the jewels given to him at the time of marriage is under his custody. On her behalf, the wife has produced Exs.P1 to P11.

4. The husband has filed his affidavit of assets and liabilities, wherein he does not dispute the fact that he owns a house. According to him, his monthly expenses is an amount of Rs.25,000/-. It is stated that his mother, who is aged 73 years old is his dependant family member and expenses incurred on her account is an amount of Rs.10,000/-. His designation is shown as driver on daily wages and his monthly income is an amount of Rs.12,000/- per month. He has furnished information as to movable and immovable properties owned by him and he do not dispute the fact that he is owning lands at Chikkaballapur district and a house at Gowribidanur Taluk along with shops. It is his case that he has availed loan on the said properties for the son's education. The jewellery and the movable articles purchased is not denied by him. It is his case that the property at Bengaluru was sold to clear bank loan and hand loan. Further, he has furnished the details of liabilities about the crop loan to be paid taken from Canara Bank and he is not able to pay the installments as he was not having a regular income. It is also his case that he has taken loan for his family and son's education and it is stated that he took hand loan of an amount of Rs.15,00,000/-. It is his case that the wife is working in a Hotel and earning handsome salary.

5. The Court below had observed that the husband has failed to produce any documents as to borrowing of loan for the purpose of education of his child. He has produced sale deed which shows that he has sold the property in Jayanagar for valuable consideration of an amount of Rs.38,00,000/-. But it is the case of the wife that the husband has sold the said property for a consideration of an amount of Rs.68,00,000/-, but the same is shown as only Rs.38,00,000/- and it is the case of the husband that in order to clear the loan, he has sold the property. He has not produced any document before the Court. Taking all these into consideration, the Court below had granted inte