Dismissed

Smt K R Sujatha v. Sri B v Ravikumar

Karnataka HC3 Mar 2022RPFC/169/2021

Case brief

AI extract

What is this about?

The revision petitioner filed under Section 19(4) of the Family Courts Act challenged the Family Court's order enhancing monthly maintenance from Rs. 4,000 to Rs. 6,000 against the petitioner. The High Court found that the Family Court reached the right conclusion considering the change in circumstances and lack of proof regarding the respondent's income from property.

What did the court decide?

The petition challenging the Family Court order enhancing maintenance to Rs. 6,000 per month was dismissed.

Smt K R Sujatha Vs Sri B v Ravikumar — Maintenance and Alimony | Karnataka HC (2022)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 03^RD DAY OF MARCH, 2022

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BEFORE

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THE HON’BLE MR. JUSTICE SREENIVAS HARISH KUMAR

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RPFC NO.169 OF 2021

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BETWEEN:

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Smt. K.R.Sujatha, W/o B.V.Ravikumar, Aged about 37 years, Household, R/o Behind Siddaganga School, Nittuvalli, Davangere-577002.

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…Petitioner

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(By Sri N.M.Shivanagowda, Advocate)

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AND:

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Sri B.V. Ravikumar, S/o B.M.Venkateshappa, Aged about 47 years, Police Constable, Challakere Police Station, Chitradurga-577501.

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…Respondent

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This RPFC is filed under Section 19(4) of the Family Courts Act, against the order dated 01.10.2021 passed in Crl.Mis.No.414/2015 on the file of the Judge, Family Court, Davanagere, partly allowing the petition filed under Section 127 of Cr.P.C., for enhancement of monthly maintenance.

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:: 2 ::

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This RPFC coming on for admission this day, the Court made the following:

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ORDER

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Heard Sri N.M.Shivanagowda, learned counsel

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for the petitioner at the time of admission.

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In this petition, the petitioner has

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challenged the order dated 01.10.2021, passed by the Family Court, Davanagere in

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Crl.Misc.No.414/2015.

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3. The facts are like this:

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The petitioner being wife, initiated action against the respondent seeking maintenance under Section 125 of Cr.P.C., by filing Crl.Misc. No.194/2009. The trial Court awarded maintenance of Rs.1,500/- per month to the petitioner. Being not satisfied with the maintenance granted by the trial Court, the petitioner approached this Court by filing revision petition and thus the compensation was enhanced

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:: 3 ::

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to Rs.4,000/- per month. It is stated that the respondent was paying the enhanced maintenance regularly. Subsequently, the petitioner filed Crl.Misc.No.414/2015 under Section 127 of Cr.P.C., before the Family Court, Davanagere seeking enhancement of maintenance pleading change in circumstances. The Family Court enhanced maintenance to Rs.6,000/- per month noticing the change in circumstances. While enhancing the maintenance, the Family Court considered the fact that the son was living with the respondent and that he himself was looking after the educational expenses of his son.

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Though learned counsel for the petitioner contends that the respondent possess landed property, she failed to produce any documents to prove that the respondent has income from the landed properties and this aspect has been considered by the Court below.

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:: 4 ::

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On perusal of the order passed by the

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Family Court, it appears that it has come to right conclusion to give enhancement to Rs.6,000/- per month in the facts and circumstances. I do not think that impugned order suffers from any

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infirmity. Therefore petition is dismissed .

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Sd/-

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JUDGE

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Kmv/-

Smt K R Sujatha v. Sri B v Ravikumar

Case brief

What is this about?

What did the court decide?

Smt K R Sujatha v. Sri B v Ravikumar

Case brief

What is this about?

What did the court decide?

What the court decided

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