Sri. Darshan Chandran Vs Smt. Shruthi Keerthi

SMT. SHRUTHI KEERTHI W/O SRI DARSHAN CHANDRAN R/AT NO.591, BENAKA NILAYA 1^ST FLOOR, 2^ND CROSS RAJKUMAR ROAD YARAGANAHALLI NEW EXTENSION BEHIND MAHADESHWARA STORES MYSORE -570 029

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WORKING AT COMMUNITY HEATH CENTRE BANNUR, MYSORE-571 101

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…RESPONDENT

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(BY SRI.N.JAGADISH, ADVOCATE)

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NC: 2025:KHC:19791 WP No. 9597 of 2024 C/W WP No.16555/2025

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HC-KAR

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THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR THE RECORDS IN MC NO. 6150/2021 ON THE FILE OF THE HONBLE PRL. JUDGE FAMILY COURT, BENGALURU.

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IN W.P.NO.16555/2025

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BETWEEN:

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MRS SHRUTHI KEERTHI G., D/O MR. GANESH BABU, W/O MR. DARSHAN CHANDRAN, AGED ABOUT 38 YEARS, RESIDING AT NO.591, 'BENAKA NILAYA', 1^ST FLOOR, 2^ND CROSS, RAJKUMAR ROAD, YARAGANAHALLI NEW EXTENSION, BEHIND MAHADESHWARA STORES, MYSURU -570 029

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…PETITIONER

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(BY SRI. JAGADISH. N., ADVOCATE)

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AND:

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MR.DARSHAN CHANDRAN S/O MR. CHANDRAN D., AGED ABOUT 39 YEARS RESIDING AT NO.117, FIRST FLOOR, 3^RD CROSS, KAVIKA LAYOUT, NEAR MYSORE ROAD, BENGALURU-560 026

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…RESPONDENT THIS W.P. IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO PASS NECESSARY WRIT OR ORDER OR ENHANCE/MODIFY THE ORDER DATED: 17.02.2024 PASSED BY THE HONBLE PRINCIPAL JUDGE, FAMILY COURT, BENGALURU IN MC NO. 6150/2021 ON IA NO. 4 MARKED AS ANNEXURE-A BY DIRECTING THE RESPONDENT TO PAY AN ENHANCED MONTHLY MAINTENANCE OF 50,000/- RUPEES FIFTY THOUSAND ONLY TOWARD THE INTERIM MAINTENANCE OF THE MINOR CHILD MASTER TEJAS D AND THE PETITIONER HEREIN.

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

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NC: 2025:KHC:19791 WP No. 9597 of 2024 C/W WP No.16555/2025

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HC-KAR

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CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI

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ORAL ORDER

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Aggrieved by the order passed in I.A.No.4 in M.C.No.6150/2021 dated 17.02.2024 by the Principal Judge, Family Court, Bengaluru, W.P.No.9597/2024 is filed by the husband questioning the maintenance granted by the Family Court and W.P.No.16555/2025 is filed by the wife seeking enhancement of maintenance.

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

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It is the case of the wife that she had filed I.A.No.4 seeking maintenance of an amount of Rs.50,000/- and Rs.1,00,000/- towards litigation expenses. It is her case that she is working as Community Health Officer at Bannur, Mysore and the husband is a B.E. graduate and a software engineer working in MNC, as she is not in a position to maintain herself she wanted the maintenance. When it comes to the income of the husband, the Family Court gave a finding that the husband is getting gross salary of an amount of Rs.2,13,581.42/- and after deduction towards income tax and other deductions, his

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HC-KAR

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net salary is Rs.1,71,615/-. Then, when it comes to the salary of the wife, the Family Court had observed that as per the bank statement of the wife, an amount of Rs.48,110/- is credited in the month of July 2021 and in the months of August 2021, September 2021, November 2021, December 2021, January 2022 and February 2022 an amount of Rs.24,055/- is credited under the head of salary to her bank account. In the month of March 2022 and August 2022 an amount of Rs.25,268/- each credited to her as salary and basing on this the Family Court had passed the order impugned directing the husband to pay an amount of Rs.25,000/- per month towards the maintenance of minor child and maintenance of an amount of Rs.10,000/per month to the wife.

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Learned counsel appearing for the petitioner/ husband submits that the wife had deserted the husband. He had filed the M.C.3582/2021 seeking restitution of conjugal rights. When the matter is referred to the mediation, the wife submits that she is not interested to live with the husband. When the wife had deserted the husband and when he is ready to take her back and he filed an M.C. for restitution of conjugal

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HC-KAR

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rights, she is not entitled for maintenance. Further, when she had failed to place the salary slip, she cannot say that her salary is only Rs.25,000/- per month and the Family Court ought not to have considered the same when she is earning sufficiently, she is not entitled for maintenance from the husband. It is submitted that he has the bank loans, he has to take care of his parents and the amount of maintenance granted by the Family Court is on the higher side. It is further submitted that the order needs to be modified. As far as the requirement of the minor child is concerned, he is ready to take care of them.

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Learned counsel appearing for the respondent/wife

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submits that when the husband is getting a net salary of Rs.1,70,000/- and odd granting an amount of Rs.10,000/- to the wife and Rs.25,000/- to the minor child is not as per the status of the husband and it is his duty to take care of the wife and the son. Whether she had deserted the husband and she is not entitled for maintenance, cannot be decided at this stage. It is further submitted that considering the income of the husband

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HC-KAR

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and the low income of the wife, the amount of maintenance that is granted by the Family Court needs to be enhanced.

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Having heard the learned counsels on either side, perused the material on record. The undisputed facts in this case are the net salary of the husband is Rs.1,71,615/- per month and the gross salary is Rs.2,13,581.42/- per month. According to the husband, the wife is earning an amount of Rs.48,000/- per month where the salary for the month of July 2021 discloses that it is Rs.48,110/-, though for the other months it shows as Rs.24,000/- and Rs.25,000/-. According to the husband, unless and until the salary slip is placed before the Court, the Court cannot consider. He has the obligation to take care of his parents and also certain loan amounts to be repaid. Learned counsel appearing for the wife seeks enhancement. In this case, the wife is earning, according to the wife her income is Rs.25,000/- per month and according to the husband, her income is Rs.48,000/- per month. The amount of maintenance that is granted to the wife is Rs.10,000/- by the Family Court. Considering the financial status of the husband and also the income that the wife is getting, in the considered

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NC: 2025:KHC:19791 WP No. 9597 of 2024 C/W WP No.16555/2025

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HC-KAR

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opinion of this Court, the Family Court had rightly granted the maintenance. Wife is not entitled for the enhancement of maintenance. When it comes to the child the Family Court had rightly granted an amount of Rs.25,000/- per month as maintenance and the father has no objection to pay the maintenance. Hence, this Court is passing the following:

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ORDER

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