Karnataka High Court
Family LawCivil Procedure and Evidence

Wife and daughter are entitled to monthly maintenance of ₹3,000 each from the filing date.

SMT SHARADA W/O BASAVARAJ WADDAR ALIYAS HEBBAL vs SRI BASAVARAJ S/O HEMAPPA WADDAR ALIYAS HEBBAL

Karnataka High CourtJUDGMENT: September 29, 20262 MIN READSOURCE JUDGMENT
Wife and daughter are entitled to monthly maintenance of ₹3,000 each from the filing date.. SMT SHARADA W/O BASAVARAJ WADDAR ALIYAS HEBBAL vs SRI BASAVARAJ S/O HEMAPPA WADDAR ALIYAS HEBBAL. Karnataka High Court. LawLens
THE ORIGINAL LAWLENS SUMMARY
01

Facts

Sharada and her minor daughter sought enhanced maintenance from Basavaraj, Sharada’s husband and the daughter’s father.

Source reference: no citation

Sharada alleged that Basavaraj had subjected her to harassment and driven her from the matrimonial home; she also alleged that he had contracted a second marriage.

Source reference: para. 5–7

In earlier proceedings under the Protection of Women from Domestic Violence Act, 2005, Sharada had been awarded maintenance of ₹3,000 per month.

Source reference: para. 5–7

The petitioners later sought ₹25,000 per month for Sharada and ₹20,000 per month for their daughter.

Source reference: para. 8–10

Basavaraj did not appear before the Family Court, which dismissed their petition on 30 January 2025.

Source reference: para. 8–10

In the revision petition, Basavaraj disputed the second-marriage allegation but stated that he was willing to continue paying Sharada ₹3,000 per month and to maintain his daughter until she attained majority.

Source reference: para. 14–18
02

Issues

Whether the Family Court’s dismissal of the petitioners’ maintenance claim should be set aside

Source reference: para. 10, 13, 19–22

Whether the petitioners were entitled to maintenance, and, if so, in what amount

Source reference: para. 19–22
03

Law Applied

The proceeding arose from a maintenance claim under Section 125 of the Code of Criminal Procedure, as identified in the petition’s prayer; the High Court was exercising revisional jurisdiction under Section 19(4) of the Family Courts Act, 1984.

Source reference: no citation

The order does not cite or elaborate on any precedent or a specific statutory test for determining the amount of maintenance.

Source reference: no citation

It proceeds on the parties’ undisputed relationship and the respondent’s obligation to maintain his wife and daughter, and treats the daughter’s age and requirements as relevant considerations.

Source reference: para. 19–21
04

Reasoning

The High Court found it undisputed that Sharada was Basavaraj’s legally wedded wife and that the second petitioner was their daughter.

Source reference: para. 19

It also noted Basavaraj’s stated willingness to pay maintenance to both petitioners.

Source reference: para. 20, 17–18

Having regard to their relationship, the daughter’s age and requirements, and Basavaraj’s maintenance obligation, the Court concluded that both petitioners should receive maintenance.

Source reference: para. 20–21

The order does not set out a detailed assessment of the parties’ incomes or explain how the particular monthly amount was calculated.

Source reference: no citation
05

Holding

The High Court allowed the revision petition and set aside the Family Court’s order dismissing the maintenance petition.

It directed Basavaraj to pay ₹3,000 per month to Sharada and ₹3,000 per month to their daughter, totalling ₹6,000 per month, from the date the petition in Crl.Misc. No. 97/2024 was filed; payment is to be made regularly each month.

Source reference: p. 8–9
06

Acts & Sections Cited

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

Family Courts Act, 19841

Code of Criminal Procedure, 19731

Karnataka High Court

Original Court PDF

SMT SHARADA W/O BASAVARAJ WADDAR ALIYAS HEBBALvsSRI BASAVARAJ S/O HEMAPPA WADDAR ALIYAS HEBBAL

Karnataka High Court · September 29, 2026

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