Karnataka High Court Ruling: Maintenance for Wife and Children Upheld in Divorce Case

In a significant ruling, the Karnataka High Court recently upheld the maintenance awarded to a wife and her two minor children in a divorce case filed under Section 125 of the Criminal Procedure Code (Cr.P.C). The petitioner, Sri. Srinivas D Siriyannavar, had challenged the order passed by the Principal Judge, Family Court, Shivamogga, seeking to reduce the maintenance amount granted to his wife, Smt. K B Mamatha, and their children, Master Shreyas and Kum Spoorthi.


Sri. Srinivas D Siriyannavar and Smt. K B Mamatha got married in November 2010 but have been living separately since January 2018. Seeking divorce on the grounds of mutual consent, the petitioner approached the Family Court in June 2020. However, the Court also addressed the issue of maintenance for the wife and their two children.

Key Arguments and Ruling

The primary contention raised by the petitioner was that the maintenance amount awarded by the Family Court (Rs. 15,000 each for the wife and two children) was excessive. The petitioner asserted that he was already paying Rs. 20,000 to his parents as per a previous order, and the additional maintenance was burdensome given his current income of Rs. 90,000 after loan deductions.

In the proceedings, the wife, Smt. K B Mamatha, had provided evidence that her income was Rs. 9,000 per month, but she explained that due to the COVID-19 pandemic, she was receiving only Rs. 5,000. The trial court, while considering this evidence and other relevant documents, concluded that Rs. 15,000 each for the wife and children was reasonable, given the circumstances.

maintenance for wife and children upheld

Court's Verdict

The High Court upheld the trial court’s decision, taking into account the husband’s previous salary (Rs. 1,66,044) and the fact that he was responsible for his parents’ maintenance as well. The court observed that the wife, being employed temporarily, was attempting to sustain herself and the children, who were school-going minors.


The Karnataka High Court’s ruling in the case of Sri. Srinivas D Siriyannavar v. Smt. K B Mamatha reaffirms the importance of ensuring financial support for dependent family members in divorce cases. The judgment considered the individual circumstances of the parties involved and upheld the maintenance awarded to the wife and children, emphasizing the responsibility of the husband to provide for their well-being.

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