HC-KAR IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25^TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI REV.PET FAMILY COURT NO. 171 OF 2025 C/W REV.PET FAMILY COURT NO. 264 OF 2025 IN RPFC No. 171/2025 BETWEEN:

Digitally signed by MEGHA 1. SUBBAIAH @ SATHISH MOHAN S/O MUNNERA VISHWANATH, Location:

HIGH AGED ABOUT 39 YEARS, COURT OF KARNATAKA R/O HARIHARA VILLAGE, KUNDUR POST, PONNAMPET TALUK, COORG DISTRICT - 571 201 …PETITIONER (BY SRI. GIRISH B. BALADARE, ADVOCATE)

AND:

1. DIVYA @ K P SOWMYA W/O SUBBAIAH @ SATHISH, D/O PRAKASH K.K., AGED ABOUT 31 YEARS

2. MASTER KISHAN, S/O SUBBAIAH @ SATHISH, AGED ABOUT 4 YEARS, SINCE MINOR, PETITIONER NO.2 IS REPRESENTED BY HIS MOTHER AND NATURAL GUARDIAN HC-KAR PETITIONER NO.1 - DIVYA @ K P SOWMYA BOTH ARE R/O 3^RD CROSS, BULB FACTORY ROAD, GOWRIKALUVE, CHIKKAMAGALURU DISTRICT - 577 101 …RESPONDENTS (BY SRI. MALATESH H., ADVOCATE FOR R1 R2 IS MINOR REPRESENTED BY R1)

THIS RPFC IS FILED UNDER SECTION 19(4) OF FAMILY COURTS ACT, AGAINST THE ORDER DATED 05.02.2025 PASSED IN CRL.MISC.NO.142/2023 ON THE FILE OF THE PRINCIPAL JUDGE, FAMILY COURT, CHIKKAMAGALURU, PARTLY ALLOWING THE PETITION FILED UNDER SECTION 125 OF Cr.P.C FOR MAINTENANCE.

IN RPFC NO. 264/2025 BETWEEN:

1. SMT DIVYA @ K P SOWMYA W/O SUBBAIAH @ SATHISH D/O PRAKASH K.K.

AGED ABOUT 31 YEARS WORKING AS HOUSE WIFE

2. MASTER KISHAN S/O SUBBAIAH @ SATHISH AGED ABOUT 4 YEARS SINCE MINOR, PETITIONER NO.2 REP. BY HIS MOTHER AND NATURAL GUARDIAN PETITIONER NO.1 BOTH ARE R/AT 3^RD CROSS, HC-KAR BULB FACTORY ROAD GOWRIKALUVE, CHIKMAGALURU - 577 101.

...PETITIONERS (BY SRI. MALATESH H., ADVOCATE)

AND:

1. MR. SUBBAIAH @ SATHISH S/O. MUNNERA VISHWANATH AGED ABOUT 37 YEARS AGRICULTURIST AND BUSINESS R/O HARIHARA VILLAGE KUNDUR POST, PONNAMPET TQ COORG DISTRICT - 571 216 ...RESPONDENT (BY SRI. GIRISH B. BALADARE, ADVOCATE)

THIS RPFC IS FILED UNDER SECTION 19(4) OF FAMILY COURTS ACT., AGAINST THE ORDER DATED 5.02.2025 PASSED IN CRL. MISC NO.142/2023 ON THE FILE OF PRINCIPAL JUDGE, FAMILY COURT, CHIKKAMAGALURU, PARTLY ALLOWING THE PETITION FILED UNDER SECTION 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 HC-KAR

ORAL ORDER

Aggrieved by the order passed in Crl.Misc.No.142/2023 dated 05.02.2025 by the Principal Judge, Family Court, Chikkamangaluru, whereby the Family Court had granted maintenance of an amount of Rs.9,000/- to the wife and Rs.5,000/- to the child, the husband is before this Court by filing RPFC.No.171/2025 and the wife has filed RPFC.No.264/2025 seeking enhancement of the maintenance.

2. The wife has filed a petition seeking maintenance of an amount of Rs.25,000/- per month. It is the case of the wife that the husband and his father are having 15 acres of coffee estate, 5 acres of areca nut garden land and 5 acres of coconut plantation and earning more than Rs.20 lakh per year and the husband is the only son to his parents and also doing business from which he is earning more than Rs.50,000 per month. He is also having 3 four wheeler vehicles and also owns a house in the coffee estate and wife is not having any source of income.

3. It is the case of the husband that he is working as a part time driver and earning an amount of Rs.6,000/- per HC-KAR month and the properties belongs to his father and so far, no share is allotted to him. The Family Court considering the fact that his family owns an extent of more than 25 acres of land had granted maintenance of an amount of Rs.9,000/- to the wife and an amount of Rs.5,000/- to the child.

4. Learned counsel appearing for the husband submits that his income is Rs.6,000/- per month. According to him, there are no properties in his name. It is submitted that the amount of maintenance that is granted by the Family Court is on the higher side and he is not in a position to pay.

5. Learned counsel appearing for the wife submits that the wife and the child have to