Revision petition by respondent-husband challenging Family Court's award of Rs.6,000/month maintenance. Court upheld the award and dismissed the revision.
Petition dismissed as devoid of merits; Family Court's maintenance order affirmed.
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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 04TH DAY OF JULY, 2022
BEFORE
THE HON'BLE MR JUSTICE E.S.INDIRESH REV.PET FAMILY COURT NO. 100014 OF 2020 (-)
BETWEEN:
SRI.SANGAPPA S/O.CHINNAPPA MADIWALAR AGE : 44 YEARS, OCC : KSRTC SERVANT, R/O : KARADIGUDDA, TQ and DIST : DHARWAD C/O.SMT.KAMALAVVA W/O.NINGAPPA MADIWALAR, R/O : KARADIGUDDA, TQ and DIST: DHARWAD
…PETITIONER
(BY SRI. PATIL M H, ADVOCATE)
AND:
SMT.NIRMALA (SAROJA) W/O.SANGAPPA MADIWALAR AGE : 39 YEARS, OCC : PVT.JOB, R/O : C/O.SHARANAPPA CHANNAPPA MADIWALAR MATTI PLOT, NEAR NEW APMC, MRITYUNJAYANAGAR, DHARWAD
…RESPONDENT
(BY SRI. P. G. CHIKKANARAGUND, ADVOCATE FOR C/R.)
THIS RPFC IS FILED UNDER SECTION 19(4) OF THE FAMILY COURTS ACT, 1984, PRAYING TO SET ASIDE THE ORDER PASSED BY THE PRINCIPAL JUDGE, FAMILY COURT, DHARWAD, UNDER CRL.MISC.NO.132/2018 DATED 10.02.2020.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
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ORDER
This Revision Petition is filed by the respondent in Crl. Misc. No.132/2018 on the file of the Principal Judge, Family Court, Dharwad, challenging the order dated 10.02.2002 allowing the petition in part.
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petition that, being unable to tolerate the inhumane treatment meted out to the petitioner in the house of the respondent-husband, she left the matrimonial home. In order to lead her life, petitioner has filed Crl.Misc.No.32/2018 before the Family Court, Dharwad, seeking maintenance.
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maintenance of Rs.6.000/- per month to the petitioner – wife. Feeling aggrieved by the same, the respondent – husband has presented this petition.
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Perusal of the finding recorded by the Family Court would indicate that the petitioner wife is residing at her parental house and further it is noted that the respondent-husband is working as driver of KSRTC. The finding recorded by the Family Court at paragraphs 13 to 15 would indicate that the Family Court after considering the material on record rightly awarded maintenance of Rs.6,000/- per month to the petitioner-wife, as the petitioner wife is residing in Dharwad city and she has to eke out her livelihood. Therefore, I am of the view that no interference is called for in this revision petition. Accordingly, the petition is dismissed as devoid of merits.
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gab
1 issue framed by the court
Whether the Family Court's award of monthly maintenance to the petitioner-wife in matrimonial dispute warrants interference under revision.
Smt. Nirmala (Saroja) W/O. Sangappa Madiwalar
Sri. Sangappa S/o. Chinna Madiwalar
E.S. Indiresw
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
