[Cites 1, Cited by 0]
Karnataka High Court
J Survarna W/O N Ereshkumar And Ors vs N Ereshkumar S/O N Nagaraju And Anr on 17 December, 2025
Author: M.G.S.Kamal
Bench: M.G.S.Kamal
-1-
NC: 2025:KHC-K:7871
RPFC No. 200060 of 2023
C/W RPFC No. 200076 of 2022
HC-KAR
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 17TH DAY OF DECEMBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE M.G.S.KAMAL
REV.PET FAMILY COURT NO. 200060 OF 2023
C/W
REV.PET FAMILY COURT NO. 200076 OF 2022
IN RPFC No.200060/2023:
BETWEEN:
1. J. SURVARNA W/O N ERESHKUMAR
AGED ABOUT 36 YEARS
OCC. KPCL EMPLOYEE
2. VIHARIKA MANYA MINI
D/O N ERESHKUMAR
AGED ABOUT 7 YEARS
Digitally signed by OCC. STUDENT
SHIVALEELA
DATTATRAYA
UDAGI 3. NIDHISH S/O N ERESHKUMAR
Location: HIGH AGE 5 YEARS
COURT OF SINCE PETITIONERS NOs.2 AND 3 ARE MINORS,
KARNATAKA
REPTD BY THIER NATURAL MOTHER AS GUARDIAN
i.e. SMT. J SUVARNA,
ALL ARE R/O TYPE-5/M-16, RTPS COLONY,
SHAKTINAGAR, TQ. DIST RIACHUR 584101
...PETITIONERS
(BY SMT. AMBIKA ISHWARAJ CHOWDAPUR, ADVOCATE)
-2-
NC: 2025:KHC-K:7871
RPFC No. 200060 of 2023
C/W RPFC No. 200076 of 2022
HC-KAR
AND:
1. N ERESHKUMAR S/O N NAGARAJU
AGED ABOUT 42 YEARS OCC. IBM COMPANY
EMPLOYEE R/O B4, SY. NO. 66/1, RAYADURGA
VILLAGE, SERILINGAMPALLI MANDAL, RANGAREDDY
DISTRICT HYDERABAD 560032 (TELANGANA STATE)
OR N ERSHKUMAR S/O N NAGARAJU AGED ABOUT 42
YEARS OCC IBM COMPANY EMPLOYEE, R/O H NO.
10/189, MALLARI STREET YEMMIGANUR DIST
KURNOOL 560032 (A.P)
...RESPONDENT
(BY SRI. ARUNKUMAR AMARGUNDAPPA.,ADVOCATE)
RPFC FILED U/S. 19(4) OF THE FAMILY COURTS ACT, BY
THE ADVOCATE FOR THE REVISION PETITIONER, PRAYING
THAT THIS HONOURABLE COURT TO ALLOW THE PETITION
MODIFYING JUDGMENT AND ORDER DATED 18.11.2022 IN
CRL. MISC.NO.113/2019 PASSED BY THE PRL. JUDGE, FAMILY
COURT RAICHUR, PLEASED TO ENHANCE THE MAINTENANCE
TO THE PETITIONERS AND PLEASED GRANT MAINTENANCE TO
THE PETITIONER NO.1 IN THE INTEREST OF JUSTICE AND
EQUITY.
IN RPFC NO. 200076/2022
BETWEEN:
1. N. ERESHKUMAR S/O N NAGARAJ
AGED ABOUT 42 YEARS,
OCCU. PRIVATE EMPLOYEE,
R/O B-4 SY NO. 66/1, RAYADURGA VILLAGE,
SERILLINGAMPALLI MANDAL,
RANGAREDDY DISTRICT,
HYDERABAD 500032
...PETITIONER
(BY SRI. ARUNKUMAR AMARGUNDAPPA.,ADVOCATE)
-3-
NC: 2025:KHC-K:7871
RPFC No. 200060 of 2023
C/W RPFC No. 200076 of 2022
HC-KAR
AND:
1. J. SUVARNA
W/O N ERESHKUMAR
AGED ABOUT 36 YEARS,
OCCU KPCL EMPLOYEE
2. VIHARIKA MANYA MINI
D/O N. ERESHKUMAR
AGE ABOUT 7 YEARS,
OCCU STUDENT,
3. NIDISH S/O N ERESHKUMAR
AGE. 05 YEARS,
SINCE PETITIONERS NO. 2 AND 3 ARE MINORS
REPRESENTED BY THEIR NATURAL MOTHER AS
GUARDIAN,
I.E PETITIONER NO.1 SMT J SUVARNA
ALL ARE R/O TYPE-5/M-16 RTPS COLONY,
SHAKTINAGAR TQ AND DIST RAICHUR
...RESPONDENTS
(BY SMT. AMBIKA ISHWARAJ CHOWDAPUR, ADVOCATE)
RPFC FILED U/S. 19(4) OF THE FAMILY COURTS ACT,
BY THE ADVOCATE FOR THE REVISION PETITIONER,
PRAYING THAT THIS HONOURABLE COURT TO ALLOW THE
PETITION BY SETTING ASIDE THE JUDGMENT AND ORDER
DATED 18.11.2022, PASSED IN CRL. MISC. 113/2019, BY
THE PRL. JUDGE, FAMILY COURT AT RAICHUR, ALLOWING
THE MAINTENANCE PETITION FILED BY THE RESPONDENT
NO.1-WIFE HEREIN, IN PART DIRECTING THE PETITIONER
TO PAY MONTHLY MAINTENANCE OF Rs.7,000/- EACH TO
THE RESPONDENT NO.2 AND 3 MINOR CHILDREN, IN THE
ENDS OF JUSTICE.
THESE PETITIONS, COMING ON FOR FINAL HEARING,
THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
-4-
NC: 2025:KHC-K:7871
RPFC No. 200060 of 2023
C/W RPFC No. 200076 of 2022
HC-KAR
CORAM: HON'BLE MR. JUSTICE M.G.S.KAMAL
ORAL ORDER
Being aggrieved by the order dated 18.11.2022
passed in Cri.Misc.No.113/2019 by the Family Court,
Raichur, awarding maintenance of Rs.7,000/- each to
children-petitioner Nos.2 and 3, the petitioners-wife and
children of respondent-husband are before this Court in
RPFC No.200060/2023 seeking enhancement of
maintenance amount, while the petitioner-husband in
RPFC No.200076/2022 is before this Court seeking
reduction.
2. The marriage between petitioner No.1-wife and
respondent-husband having been solemnized on
13.02.2011 and petitioner Nos.2 and 3 having born them
is not in dispute.
3. The petitioner-wife alleging harassment at the
hands of respondent-husband of dowry demand, resulting
in family discard and acrimony, approached the Family
NC: 2025:KHC-K:7871
HC-KAR
Court by filing petition under Section 125 of Cr.P.C.
seeking maintenance of Rs.50,000/- per month.
4. The respondent-husband who appeared denied
the averments and allegations made in the petition.
5. The petitioner-wife is working as Assistant
Executive Engineer in KPCL at Racihur, while respondent-
husband is Software Engineer working in IBM.
6. Considering the case on merits, claims and rival
claims and the financial status of the parties, the Family
Court by the impugned order held petitioner No.1-wife not
being entitled for any maintenance, while directed
respondent-husband/father to pay Rs.7,000/- each to
petitioner Nos.2 and 3, who are minor children.
7. Being aggrieved by the said order, wife and
children are before this Court as noted above seeking
enhancement, while respondent-husband is before this
Court seeking reverse of the said order.
NC: 2025:KHC-K:7871
HC-KAR
8. The matter was referred to mediation centre for
exploring possibility of settlement.
9. The petitioner-wife seeking Rs.15,000/- per
month to each minor child, while respondent-husband is
ready and willing to pay Rs.10,000/- each to minor child.
10. There is no dispute of the fact that petitioner-
wife is employed and earning and minor children are in her
care and custody. Daughter is stated to be presently aged
about 12 years, and son is presently aged about 9 years.
11. On a query by this Court, learned counsel for
the respondent-husband on instructions from the
respondent-husband/father who is personally present
before this Court submits that Rs.10,000/- being offered
by him for each child inclusive of their educational
expenses.
NC: 2025:KHC-K:7871
HC-KAR
12. Learned counsel for the petitioners in response
submits that the said amount is meager and the
petitioners would not be able to meet the requirements.
Hence, seeks for reasonable enhancement.
13. A memo dated 19.07.2025 has been filed by
the petitioners indicating the recurring educational
expenses, which is being met by the petitioner-mother
wherein approximately a sum of Rs.80,000/- is being
spent over educational expenses of the both the children.
14. It is submitted by the learned counsel for the
respondent-husband that his take home salary is
Rs.95,000/- per month.
15. There is no dispute on this aspect of the matter.
16. In the circumstances since the petitioners are
seeking Rs.15,000/- per month each to petitioner Nos.2
and 3 and respondent-husband is ready and willing to pay
Rs.10,000/- each, considering the material on record,
NC: 2025:KHC-K:7871
HC-KAR
more particularly, the educational expenses, this Court
deems it appropriate that the amount of maintenance be
enhanced to Rs.7,000/- to Rs.12,000/- per month to each
of the child that should meet the requirement of
maintenance as well as the part of educational expenses.
17. Accordingly, the following:
ORDER
(i) Petition in RPFC No.200060/2023 filed by the
wife and children is partly allowed;
(ii) The maintenance amount awarded at
Rs.7,000/- each to petitioner Nos.2 and 3 is
enhanced to Rs.12,000/- per month each;
(iii) The rejection of the request of petitioner
No.1-wife for maintenance by the Family
Court, Raichur, is confirmed;
(iv) Consequently, petition filed by the
respondent-husband in RPFC
No.200076/2022 is dismissed.
NC: 2025:KHC-K:7871
HC-KAR
(v) Enhancement made shall be effective from
the date of this order.
The amount deposited before this Court, if any, shall
be released in favour of petitioner Nos.2 and 3
represented by their mother subject to satisfaction of their
identity.
Pending IAs, if any, do not survive for consideration
and same shall be disposed of.
Sd/-
(M.G.S.KAMAL)
JUDGE
SDU
LIST NO.: 1 SL NO.: 52;
CT;PK
