The Karnataka High Court enhanced the monthly maintenance awarded to the wife and minor son from Rs 50 thousand to Rs 1.2 lakh, while holding that the husband's earnings from the sale of shares form part of his income and should be considered while determining the maintenance, even if such financial gains are variable.

Justice Lalitha Kanneganti heard two separate petitions filed by a husband and wife against a Family Court order. While the wife sought an enhancement of the interim maintenance granted, the husband challenged the quantum and sought a reduction.

The High Court rejected the husband's contention that the income from stocks amounting to around Rs 28 lakh per annum should not be considered as part of his income as the amount is not same every month.

“Then, coming to the income tax returns and the clarification statement filed before the Court and submits that the gross salary is Rs.62,92,042/- and perquisites of Rs.28,42,079/- do not form part of his income, this Court is not able to appreciate that the submission. The Court has perused the income tax returns, and every year he is getting an amount of Rs. 20 to 28 lakhs by selling the shares and it is part of the husband's income, though he may not be getting it every month. That has to be considered as his income,” the Court held.

The trial court, vide its order dated January 8, 2026, had awarded Rs. 50,000 per month as maintenance to the wife and minor son starting from August 2025, the period when she was relieved from her job due to organizational restructuring, and directed the husband to pay school fees directly.

The Court also noted that the trial court failed to consider several aspects, such as the employability of the wife that has been affected by her health condition, equated monthly instalment (EMI) towards her car and personal loans, and other expenses.

“As per those records, she is suffering from an autoimmune disease and glaucoma. The wife had stated that the expenses are Rs.1,75,438/- per month. In that, the major component is the EMI she is paying towards the car loan and the personal loan, that is Rs.47,106/-. Apart from that, both the son and the mother have to take care of the basic expenses, including clothes and domestic help. Even respondent cannot deny the fact that, in her medical condition, she is not in a position to work,” the Court said.

It added, “The trial court has failed to consider all these aspects, and granted the maintenance from the date of petition. Even at that time, she had to take care of the child's needs and also the EMI amount of Rs.47,106/-. Even at that point of time, she was in need of money. This aspect was not considered by the Family Court. If the court had granted Rs.50,000/- after she lost the job, some reasonable amount ought to have been granted from the date of application, as it is the responsibility of the husband to take care of the child at that point of time.”

Finding the monthly maintenance awarded by the family court towards the wife and the minor child insufficient, the High Court allowed the wife's petition.

The High Court enhanced the maintenance amount to Rs 1.2 lakh per month payable from the date of the trial court's order, along with Rs 30,000 per month as maintenance from the date of filing the application till the date the wife lost her job. The husband was further directed to reimburse educational expenses incurred for the academic year 2024–25 and continue bearing ongoing school expenses.