Karnataka High Court
Family LawCriminal Procedure and Evidence

Maintenance may be enhanced to meet reasonable living expenses at a district headquarters.

M SHASHI ALIS M DHANYA vs R KANTHARAJ

Karnataka High CourtJUDGMENT: October 09, 20261 MIN READSOURCE JUDGMENT
Maintenance may be enhanced to meet reasonable living expenses at a district headquarters.. M SHASHI ALIS M DHANYA vs R KANTHARAJ. Karnataka High Court. LawLens
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The petitioner, the respondent’s wife, sought maintenance, alleging physical and mental harassment and neglect.

Source reference: pp. 3–6

She claimed that the respondent earned substantial income from agricultural land and sought ₹15,000 per month.

Source reference: pp. 3–6

The Magistrate awarded ₹5,000 per month, noting that she had not produced material substantiating the respondent’s income.

Source reference: pp. 3–6

In appeal, she produced RTC records relating to land owned by the respondent’s mother; the appellate court dismissed the appeal and confirmed the award.

Source reference: pp. 3–6

The petitioner then filed this revision seeking enhancement.

Source reference: pp. 3–6
02

Issues

Whether the maintenance awarded to the petitioner should be enhanced, given her residence in Chitradurga town and the evidence concerning the respondent’s income.

Source reference: pp. 6–7

Whether the RTC records concerning land owned by the respondent’s mother established that the respondent derived income from that land.

Source reference: p. 6
03

Law Applied

The petition was brought under Sections 397(1) and 401 of the Code of Criminal Procedure, which provide for the High Court’s revisional jurisdiction.

Source reference: pp. 1–2

It applies the case-specific principle that the amount of maintenance should be reasonable in light of the claimant’s circumstances and expenses.

Source reference: p. 7
04

Reasoning

The Court observed that the petitioner had not substantiated the respondent’s income, and the RTC records did not establish that he derived income from land owned by his mother.

Source reference: p. 6

Nevertheless, it considered that the petitioner lived in the district headquarters at Chitradurga and that ₹5,000 per month would not be sufficient to meet her day-to-day expenses there.

Source reference: p. 7

On that basis, the Court found an additional ₹2,000 per month appropriate, without making a finding that the respondent earned income from the land in question.

Source reference: p. 7
05

Holding

The High Court allowed the revision in part.

The High Court directed the respondent-husband to pay the petitioner monthly maintenance of ₹7,000, enhancing the Magistrate’s award by ₹2,000.

Source reference: p. 7
06

Acts & Sections Cited

2 provisions across 1 statute referred to in this judgment. Each provision opens on LawLens.

Code of Criminal Procedure, 19732

Karnataka High Court

Original Court PDF

M SHASHI ALIS M DHANYAvsR KANTHARAJ

Karnataka High Court · October 09, 2026

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