IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 17^TH DAY OF NOVEMBER, 2025

BEFORE

THE HON'BLE MR. JUSTICE D K SINGH

WRIT PETITION NO. 23957 OF 2024 (GM-RES)

BETWEEN:

1. SRI SADASHIVAPPA

S/O LATE MURIGEPPA

AGED ABOUT 46 YEARS

2. SRI CHANDREGOWDA

S/O LATE MURIGEPPA

AGED ABOUT 44 YEARS

3. SMT. RUDRAMMA

W/O SURESHA

AGED ABOUT 42 YEARS

ALL THE PETITIONERS ARE

Digitally

signed by R/O SHAMNURU TALUK

VASANTHA

DAVANAGERE TALUK AND

KUMARY B K

Location: DISTRICT-577 004

HIGH

…PETITIONERS

COURT OF

KARNATAKA

(BY SRI SREE HARSHA A K, ADVOCATE)

AND:

1. THE DEPUTY COMMISSIONER

PRESIDENT OF MAINTENANCE AND WELFARE

OF PARENTS AND SENIOR CITIZEN APPELLATE TRIBUNAL, DC OFFICE

MINI VIDHANA SOUDHA CHITRADURGA-572 101

2. THE ASSISTANT COMMISSIONER DC OFFICE MINI VIDHANA SOUDHA CHITRADURGA-572 101

3. KENCHAMMA W/O LATE MURIGEPPA AGED 94 YEARS R/O KALKUNTE VILLAGE HIREGUNTANURU HOBLI CHITRADURGA TALUK CHITRADURGA DISTRICT-577 501

4. JAYAMMA D/O LATE MURIGEPPA AGED ABOUT 54 YEARS R/O KALKUNTE VILLAGE HIREGUNTANURU HOBLI CHITRADURGA TALUK CHITRADURGA DISTRICT-577 501 …RESPONDENTS (BY SRI M N SUDEV HEGDE, AGA FOR R-1 & 2;

V/O DATED 03.11.2025, NOTICE TO R-3 & 4 IS DEFERRED)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH ANNEXURE-H, THE IMPUGNED ORDER DATED 03.07.2024 PASSED BY RESPONDENT NO.1 AND ANNEXURE-G, THE IMPUGNED ORDER DATED 30.09.2022 PASSED BY RESPONDENT NO.2.

THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE D K SINGH

ORAL ORDER

1. The present writ petition has been filed impugning the order dated 03.07.2024 passed by the Deputy Commissioner, Chitradurga District, upholding the order dated 30.09.2022 passed by the Assistant Commissioner, Chitradurga District under the provisions of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 directing the petitioners to pay maintenance of Rs.6,000/- per month each to Smt. Kenchamma-respondent No.3 herein, the step mother of the petitioners, who is aged about 95 years.

2. The learned counsel for the petitioners submits that the respondent No.3 is staying with her daughter Jayamma and Jayamma is able to maintain her. Despite the aforesaid fact that the respondent No.3 is staying with her daughter Jayamma and Jayamma is in a position to maintain her, the respondent No.3 has filed the petition under the said Act claiming maintenance.

3. I have considered the submissions and perused the record.

4. If the daughter-Jayamma is maintaining the respondent No.3, the petitioners cannot be absolved of their duty and responsibility to maintain the respondent No.3. Respondent No.3 is aged 95 years and a meagre maintenance of Rs.6,000/- per month has been awarded which is being challenged before this Court in the present writ petition. I find no ground to interfere with the well-reasoned order passed by the Deputy Commissioner and therefore, the writ petition is dismissed, however, without any order as to costs.

Sd/-

(D K SINGH)

JUDGE BKV List No.: 38 Sl No.: 12