Karnataka High Court
Ambrish vs Deepa on 23 October, 2025
Author: M.G.S.Kamal
Bench: M.G.S.Kamal
-1-
NC: 2025:KHC-K:6205
RPFC No. 200115 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 23RD DAY OF OCTOBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE M.G.S.KAMAL
REV.PET FAMILY COURT NO. 200115 OF 2025
BETWEEN:
AMBRISH S/O MARUTI RAO JAWALKAR,
AGE:36 YEARS, OCC:BUSINESS,
R/O. H.NO.116, "DWARKA MANSION",
ASIAN GREEN PARK, NEAR HIGH COURT,
KALABURAGI.
...PETITIONER
(BY SMT. LAKSHMI G.E, ADVOCATE)
AND:
1. SMT. DEEPA
W/O AMBRESH JAWALKAR,
Digitally signed AGE:35 YRS, OCC: HOUSEHOLD,
by SACHIN
Location: HIGH 2. ADITYA S/O AMBRESH JAWALKAR,
COURT OF AGE:11 YRS, OCC:STUDENT,
KARNATAKA
3. AYUSH S/O AMBRESH JAWALKAR,
AGE:06 YRS, OCC: STUDENT,
(RESPONDENT NO.2 AND 3 ARE MINOR
U/G OF THEIR MOTHER RESPONDENT NO.1).
ALL ARE R/O H.NO.116, "DWARKA MANSION"
ASIAN GREEN PARK, NEAR HIGH COURT,
KALABURAGI-585107.
...RESPONDENTS
(BY SRI. MOGHA SUDHAKAR RAO, ADVOCATE FOR R1;
R2 & R3 ARE MINORS U/G OF R1)
-2-
NC: 2025:KHC-K:6205
RPFC No. 200115 of 2025
HC-KAR
THIS RPFC IS FILED UNDER SECTION 19(4) OF THE
FAMILY COURTS ACT, PRAYING TO SET ASIDE JUDGMENT AND
ORDER PASSED IN CRL.MISC.NO.386/2023 DATED 03.03.2025
BY THE PRINCIPAL JUDGE, FAMILY COURT, AT KALABURAGI. B)
ISSUE ANY OTHER DIRECTION IN THE FACTS AND
CIRCUMSTANCES OF THE ABOVE CASE AS THIS HON'BLE
COURT DEEMS FIT.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE M.G.S.KAMAL
ORAL ORDER
(PER: HON'BLE MR. JUSTICE M.G.S.KAMAL)
This petition is by the husband being aggrieved by
the order dated 03.03.2025 passed in Crl.Misc.
No.386/2023 on the file of Principal Judge, Family Court at
Kalaburagi (hereinafter referred to as the 'Trial Court') by
which the trial Court has passed the following order :
"The petition filed by the petitioners under
Section 125 of Cr.P.C is partly allowed with cost of
Rs.5,000/-.
The petitioner No.1 is entitled for maintenance
amount of Rs.8,000/- per month from the date of
this order, till she legally entitled to receive it.
The petitioner No.3 entitled for maintenance
amount of Rs.6,000/- per month from the date of
this order, till he attains the age of majority.
NC: 2025:KHC-K:6205
HC-KAR
Further, the respondent is directed to pay
Rs.1.00 lakh per annum as educational expenses to
the petitioner No.3 commencing from the year 2024,
till he attains the age of majority.
The respondent is directed to pay the said
maintenance amount to the petitioners on or before
10th of every month."
2. The marriage between petitioner and the
respondent No.1 having been solemnized on 24.09.2010
and two children having been born out of the said
marriage is not in dispute. It is submitted that out of two
sons, one is with the petitioner/husband and the other is
with respondent No.1/ wife.
3. Learned counsel for the petitioner after arguing
the matter for sometime fairly submits that the only
grievance of the petitioner has is that the trial Court has
directed the petitioner/husband to pay a fixed sum of
Rs.1,00,000/- per annum towards the educational
expenses of minor child/petitioner No.3 who is studying in
lower kinder garden. The said amount being exorbitant
NC: 2025:KHC-K:6205
HC-KAR
cannot be sustained. She however submits if actual school
fee details are furnished, he would pay the same.
4. Learned counsel for the respondent/petitioner-
wife submits that the respondent/petitioner-wife will
furnish the bills/estimates regarding the school expenses
to be incurred towards the education of the child/petitioner
No.3.
5. In that view of the matter, the order of the trial
Court is modified.
6. The grant of monthly maintenance amount of
Rs.8,000/- to petitioner No.1 and Rs.6,000/- to petitioner
No.3 remains intact.
7. As regard to the direction for payment of
Rs.1,00,000/- per annum towards educational expenses of
petitioner No.3 commencing from the year 2024 is
concerned, the same shall be paid subject to
respondent/wife furnishing the actual expenses towards
school fee, uniform, travel and other school related
NC: 2025:KHC-K:6205
HC-KAR
expenses, if any, by furnishing the bills or the estimation
in this regard.
8. With the above modification to the order of the
trial court, petition is disposed of.
9. The petitioner/husband shall pay the arrears, if
any to the respondent/wife before the Family Court.
10. Respondent/wife is at liberty to seek execution
of the order by initiating appropriate proceedings before
the trial Court.
Sd/-
(M.G.S.KAMAL)
JUDGE
SN
CT:PK
