HC-KAR IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15^TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI REV.PET FAMILY COURT NO. 256 OF 2024 C/W REV.PET FAMILY COURT NO. 259 OF 2025 IN RPFC No. 256/2024 BETWEEN:

MOHAMMAD TOUSIF S/O MOHAMMED HASHAM AGED ABOUT 38 YEARS, R/AT 11TH B CROSS, BEHIND PARK, KHADAR NAGARA, BATWADI, TUMAKURU- 572 103.

…PETITIONER (BY SRI. SRINIVAS N., ADVOCATE)

Digitally signed by MEGHA MOHAN AND:

Location: H IGH COURT OF KARNATAKA KUSHNUDA BANU W/O MOHAMMED TOUSIF AGED ABOUT 30 YEARS, R/AT NEAR KANNIKA SCHOOL, MELEKOTE ROAD, TUDA LAYOUT, TUMAKURU- 572 103.

…RESPONDENT (BY SMT. HALEEMA AMEEN, ADVOCATE)

HC-KAR THIS RPFC IS FILED UNDER SEC.19(4) OF FAMILY COURTS ACT., AGAINST THE ORDER DATED 19.10.2024 PASSED IN CRL. MISC NO.213/2022 ON THE FILE OF PRINCIPAL JUDGE, FAMILY COURT, TUMAKURU., PARTLY ALLOWING THE PETITION FILED UNDER SEC.125 OF Cr.P.C., FOR MAINTENANCE.

IN RPFC NO. 259/2025 BETWEEN:

KUSHNUDA BANU W/O MOHAMMAD TOUSIF, AGED ABOUT 31 YEARS, RESIDING NEAR KANNIKA SCHOOL, MELEKOTE ROAD, TUDA LAYOUT, TUMKURU- 572 101.

...PETITIONER (BY SMT. HALEEMA AMEEN., ADVOCATE)

AND:

MOHAMMAD TOUSIF S/O MOHAMMAD HASHAM, AGED 39 YEARS, RESIDING AT 11TH CROSS, BEHIND PARK, KHADAR NAGARA, BATAWADI, TUMKUR- 572 103.

...RESPONDENT (BY SRI. SRINIVAS N., ADVOCATE)

THIS RPFC IS FILED UNDER SEC.19(4) OF FAMILY COURTS ACT., AGAINST THE ORDER DATED 19.10.2024 PASSED IN CRL.MISC NO.213/2022 ON THE FILE OF PRL. JUDGE, FAMILY COURT, TUMAKURU., PARTLY ALLOWING HC-KAR THE PETITION FILED UNDER SEC.125 OF Cr.P.C., FOR MAINTENANCE.

THESE PETITIONS, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI

ORAL ORDER

Aggrieved by the order passed in Crl.Misc.No.213/2022 dated 19.10.2024 by the Principal Judge, Family Court, Tumakuru, whereby the Family Court had granted maintenance of an amount of Rs.9,000/- to the wife, both the wife and husband are before this Court.

2. The wife's petition is RPFC.No.259/2025 and the husband's petition is RPFC No.256/2024.

3. It is a case of the wife that she has filed a petition under Section 125 of Cr.P.C seeking monthly maintenance of Rs.50,000/- from the husband. It is stated that the marriage was solemnized on 30.05.2021. The husband has taken the wife to her parents house and left her there HC-KAR and thereafter he has not come back and filed O.S.No.18/2022 seeking divorce. It is stated that the husband is running a medical shop in the name of Star Medicals and he is earning an amount of Rs.1,00,000/- per month.

4. It is the case of the husband that his monthly turnover of the business is Rs.30,000/- and out of which he is getting 20% profit which comes to Rs.7,000/- to Rs.8,000/- per month and out of which he has to pay rents and electricity bill of Rs.3,700/- and remains only Rs.4,300/-. The husband is not getting any such income to pay maintenance to the wife and he is not having any movable or immovable properties. The father of the husband is leading his life on his pension. While leaving the house she has taken all gold ornaments. She is educated and she is in a position to maintain herself. The husband in his objections as well as evidence admits that he is running a medical shop but denied his income. During the course of cross examination of PW.1 on behalf HC-KAR of the husband tried to contend that the wife is working in AINN Square water supply company and she is getting salary of an amount of Rs.15,000/- per month . The same was denied by the wife. Further, the husband in his affidavit of assets and liabilities kept the column of occupation and income of the wife as blank. Further, in the cross examination, he admits that the car belongs to him and also admits the B register of the car as per Ex.P.4 and also he is owning a two wheeler. If the husband has no sufficient income, it would not be possible for him to maintain a car as well as a two wheeler. In the cross- examination, he admits that his fathe