Karnataka High Court
WP/31658/2025 of MR. YATISH S SHETTY Vs MRS. SUCHITHA D on 30 September 2026
CNR: KAHC010682152025 NC: 2026:KHC:54559 WP No. 31658 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 31658 OF 2025 (GM-FC) BETWEEN: MR. YATISH S. SHETTY AGED ABOUT 46 YEARS
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 30TH DAY OF SEPTEMBER, 2026
BEFORE
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
WRIT PETITION NO. 31658 OF 2025 (GM-FC)
BETWEEN:
MR. YATISH S. SHETTY
AGED ABOUT 46 YEARS
S/O LATE SHANKAR KUKKARA SHETTY
R/A DOOR NO 1-90 (9)
SHANKARA PUSHPA PUNAROOR
TAALLIPADY VILLAGE, MULKI TALUK
DK- 574 150
…PETITIONER
(BY SRI. TALHA ISMAIL BENGRE, ADVOCATE)
AND:
MRS. SUCHITHA D.,
AGED ABOUT 35 YEARS
D/O DAYANADA SHETTY
W/O YATISH S SHETTY
R/A D.NO 3-567, KASHIMATA VITAL POST
BANTWALA TALULK
DK -574 243
…RESPONDENT
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF
THE CONSTITUTION OF INDIA, PRAYING TO PLEASE TO SET- SIDE THE ORDER PASSED BY THE FAMILY COURT IN I.A NO.2, DATED:19/09/2025 (ANNEXURE-F) GRANT AN INTERIM ORDER
TO STAY THE ORDER PASSED BY THE FAMILY COURT IN I.A
NO.2 DATED 19/09/2025 (ANNEXURE-F).
Digitally signed
by SUVARNA T
Location:
HIGH COURT
OF
KARNATAKA
HC-KAR
THIS PETITION, COMING ON FOR PRELIMINARY HEARING
IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS
UNDER:
CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
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ORAL ORDER
Aggrieved by the order dated 19.09.2025 passed in I.A.No.2 in MC No.348/2025 by the I Additional Principal Judge, Family Court, D.K, Mangaluru, the petitioner/husband is before this Court.
2. For the sake of convenience, the parties are referred to as husband and wife.
3. The wife filed M.C.No.348/2025 seeking divorce. In that, she has filed an application seeking maintenance. The Family Court, by order impugned, had granted maintenance for an amount of Rs.10,000/- per month to the wife and child. According to the husband, he is receiving Rs.14,500/- per month. The Family Court, considering the fixed deposit pertaining to the joint family property and the wife's income of Rs.15,000/-, awarded Rs.10,000/-.
HC-KAR
4. Learned counsel appearing for the husband submits that when the husband's salary was Rs.14,500/-, the Family Court awarded the wife and child Rs.10,000/- in maintenance. It is the case that maintenance should be proportionate, and the amount awarded by the Family Court is on the higher side.
5. Though the notice has been served on the respondent, no vakalath has been filed on behalf of the respondent.
6. Having heard the learned counsel for the petitioner, perused the material on record. The admitted facts are that the wife earns Rs.15,000/- and the husband earns Rs.14,500/-. The Family Court granted an amount of Rs.10,000/- in maintenance. This Court has considered the reasoning given by the Family Court. The Family Court considered only the husband's fixed deposit and there is no other material showing that his income exceeds Rs.14,500/-. The wife already earns Rs.15,000/-. In these circumstances, this Court deems it appropriate to grant Rs.7,000/- towards the child's maintenance. Accordingly, this Court is passing the following:
HC-KAR
ORDER
i. The order dated 19.09.2025, passed in I.A.No.2 in M.C.No.348/2025 by the I Additional Principal Judge, Family Court, D.K.Mangaluru, is modified, and the maintenance amount is reduced from Rs.10,000/- to Rs.7,000/-.
ii. Accordingly, the writ petition is disposed of.
iii. All pending I.As., in the petition shall stand closed.
SD/- (LALITHA KANNEGANTI) JUDGE
PKN List No.: 2 Sl No.: 9 *AK