Smt Veena Patil K M Vs Sri Sunil C N — Writ and Judicial Review | Karnataka HC (2025)

Smt Veena Patil K M Vs Sri Sunil C N — Writ and Judicial Review | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Both writ petitions were disposed of: the husband was directed to pay Rs.10,000/- to both children; the mother's request for consideration of educational expenses was deferred with liberty to file an appropriate application (on which occasion the maintenance amount may be reconsidered); all pending interlocutory applications in the writ petitions were closed.

Issue for consideration

Whether the interim maintenance of Rs.10,000/- per month granted by the Family Court to each minor child should be enhanced (as sought by the mother) or reduced (as sought by the father). +1 more

Court's answer

There is no dispute that both husband and wife earn almost equal amounts (the husband's income being admitted as Rs.1,09,000/-) and that the wife completely takes care of the children; it is the responsibility of the father to take care of the children, and the father's submission that he need pay less because the wife earns more was not acceptable to the Court.

Ratio / Principle

In the operative order the Court directed that the husband shall pay an amount of Rs.10,000/- to both children (the text does not expressly state whether this is per child or in aggregate; the Family Court's award recorded in the cause title was Rs.10,000/- per month each to P-2 and P-3).

Key takeaways

The Court could not consider the children's educational expenses in these petitions because the wife/mother had not sought them; the mother was declared at liberty to file an appropriate application for that purpose.ratio¶57
While determining the educational expenses in a future application, the court can also reconsider the maintenance amount granted towards the children.obiter¶61

Detailed headnote1 paragraphs

Interim maintenance for minor children — Cross writ petitions under Articles 226 and 227 by mother (WP No. 29037/2024, seeking enhancement to Rs.30,000/- each) and father (WP No. 2804/2024, seeking reduction/quashing) against order dated 24.07.2023 of the Principal Judge, Family Court, Shivamogga on I.A.No.1 in Crl.Misc.No.154/2023 granting Rs.10,000/- per month each to the two minor children. Held (Lalitha Kanneganti, J.): there is no dispute that both spouses earn almost equal amounts (husband Rs.1,09,000/-; mother Rs.1,02,000/-) and the wife completely takes care of the children; it is the responsibility of the father to take care of the children, and the father's plea that he need pay less because the wife earns more is not acceptable. Operative direction: the husband shall pay Rs.10,000/- to both children (text does not specify per child or aggregate). The children's educational expenses (school expenses claimed at Rs.3,00,000/- and odd) could not be considered as the mother had not sought them; the mother is at liberty to file an appropriate application, and while determining educational expenses the court can also reconsider the maintenance amount. Both writ petitions were disposed of and all pending I.As. closed.

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 24^TH DAY OF JUNE, 2025

BEFORE

THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI

WRIT PETITION NO. 29037 OF 2024 (GM-FC) C/W

WRIT PETITION NO. 2804 OF 2024 (GM-FC)

IN WP No. 29037/2024

BETWEEN:

SMT VEENA PATIL K.M. W/O SUNIL C.N. AGED ABOUT 34 YEARS

MASTER SHIVAANK S/O SUNIL C.N. AGED ABOUT 6.5 YEARS

Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA

MASTER SHISHIRA S/O SUNIL C.N. AGED ABOUT 6.5 YEARS

PETITIONER NO.2 & 3 ARE MINORS REPRESENTED BY THIER NATURAL GURADIAN MOTHER SMT. VINA PATIL

PETITIONER NO.1 TO 3 ARE R/AT C/O MALLIKARJUANAPPA SRI KIRAN NILAYA BALARAJ URS ROAD NEAR NGO’S, KEB CIRCLE SHIVAMOGGA- 577 201

…PETITIONERS

(BY SRI. B.M.HALA SWAMY, ADVOCATE)

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AND:

SRI SUNIL C.N., S/O NAGARAJ C. P., AGED ABOUT 37 YEARS R/AT “SANNIDHI” APARTMENT MARUTHI LAYOUT K.R.PURAM HOBLI KUNDANAHALLI BENGALURU -560 037 ALSO AT 3^RD CROSS CHINNAGANGA NILAYA KUVEMPU ROAD SHIVAMOGGA -577 201 OFFICE ADDRESS REFINITIVE INDIA SHARED SERVICES PVT. LTD., DIVYASHREE TECHNOLOGIES 36/2, 124, YAMALURU VARTHUR HOBLI HAL AIRPORT ROAD BENGALURU -560 037

…RESPONDENT

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE ORDER DATED: 24.07.2023 PASSED BY THE FAMILY COURT, SHIVAMOGGA IN SO FAR AS GRANTING INTERIM MAINTENANCE OF RS. 10,000/- PER MONTH EACH THE P-2 AND 3 AND ENCHANCE THE SAME TO RS. 30,000/- EACH P-2 AND 3 FROM THE DATE OF THE APPLICATION VIDE ANNEXURE-E.

IN WP NO. 2804/2024

BETWEEN:

SUNIL. C.N. S/O NAGARAJU C.P. AGED ABOUT 36 YEARS, F 102, SANNIDI APARTMENT, MARUTHI LAYOUT, K.R PURAM (HOBLI) KUNDANAHALLI, BANGALORE-560 037

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PERMANENT ADDRESS R/O 3^RD CROSS, CHINNAGANGA NILAYA, KUVEMPU ROAD, SHIVAMOGGA-577 201

...PETITIONER

(BY SRI. R.GOPAL, ADVOCATE)

AND:

SMT VEENA PATIL K.M. W/O SUNIL C.N. AGED ABOUT 33 YEARS

MASTER SHIVAANK S/O SUNIL C.N. AGED ABOUT 5 YEARS

MASTER S.SHISHIRA S/O SUNIL C.N. AGED ABOUT 5 YEARS

RESPONDENT NO.2 & 3 ARE MINORS REPRESENTED BY THIER NATURAL GURADIAN MOTHER SMT. VEENA PATIL ALL ARE R/AT C/O K.M.MALLIKARJUANAPPA SRI KIRANA NILAYA BALARAJ URS ROAD NEAR NGO’S, KEB CIRCLE SHIVAMOGGA- 577 201

...RESPONDENTS

(BY SRI. B M HALASWAMY.,ADVOCATE)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH/MODIFY THE SAID IMPUGNED ORDER DATED: 24.07.2023 VIDE ANNEXURE-A PASSED BY THE PRINCIPAL JUDGE, FAMILY COURT AT SHIMOGA ON IA NO.1 IN CRL.MIS.NO.154/2023.

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

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CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI

ORAL ORDER

Aggrieved by the orders passed on I.A.No.1 in Crl.Misc.No.154/2022 dated 24.07.2023 by the Prl. Judge, Family Court, Shivamogga, both the father and mother are before this court. The mother's petition is WP.No.29037/2024 and the father's petition is WP No.2804/2024. The mother is seeking for maintenance of an amount of Rs.30,000/- each to the two children and the family court had granted Rs.10,000/each. The mother and father both are aggrieved by the said order. Mother seeks the enhancement and the father seeks reduction of the said amount.

Learned counsel appearing for the wife submits that both of them are working. Father is earning an amount of Rs.1,09,000/- and the mother is earning Rs.1,02,000/-. Both of them were staying separately from 2020 and the father has not taken care of the children. Now they are the school going children and no educational expenses are paid by the father. It is submitted that for both the children they are spending an amount of Rs.3,00,000/- and odd towards the school expenses.

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It is submitted that the amount of Rs.10,000/- that is granted

by the court is on the lower side.

Learned counsel appearing to the husband submits that the wife had not disclosed the correct facts with regard to her finances. According to the learned counsel, she is earning more than the salary and much more than what has been stated before the court and she is also owning a multi-storeyed building which she has let out for rent. It has submitted that an amount of Rs.20,000/- granted by the court i.e., Rs.10,000/- to each children is on the higher side and in fact considering the financial capacity of the wife, maintenance amount of Rs.20,000/- to be shared by both of them.

Having heard the learned counsels on either side, perused the entire material on record. There is no dispute about the fact that both the husband and wife are earning almost equal amounts and the wife is completely taking care of the children. The family court had granted maintenance of ₹10,000/- to each children. The submission of the learned counsel for the husband that the wife is earning more and he will only pay an amount of Rs.10,000/-. Such submission made

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by the father is not acceptable. The wife had not sought for maintenance for herself or for the educational expenses of the children. It is the responsibility of the father to take care of the children. Admittedly, his income is Rs.1,09,000/- and the wife is taking care of the responsibility of the children completely. However this court cannot consider the same in this petition i.e., the educational expenses as it was not sought by the mother. The mother is at liberty to file appropriate application.

In the light of the above discussion, this court is passing the following:

ORDER

i. The husband shall pay an amount of Rs.10,000/- to both children.

ii. Then coming to the educational expenses, no such application is filed before the court below. It is always open to the mother to seek maintenance for the children. While determining the educational expenses, the court can also reconsider the amount that is

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granted by this court towards the maintenance of

children.

iii. Accordingly, both the writ petitions are disposed off .

iv. All pending I.As., in the writ petitions shall stand closed.

SD/(LALITHA KANNEGANTI) JUDGE

TS List No.: 1 Sl No.: 11