Dismissed

Smt T Rukshana Begum D/O Fakruddin Sab T W/O Zubair Ahmed v. Zubair Ahmed S/O Late Mohammed Ghouse

Karnataka HC6 Dec 2023CRL.P/100472/2023

Case brief

AI extract

What is this about?

This bench dismissed criminal petitions filed by a wife and children to set aside maintenance orders awarded by the Magistrate, and by a husband to set aside an order confirming that award. The court held that no grounds existed to interfere as the award was reasonable.

What did the court decide?

Petitions dismissed; parties granted liberty to seek enhancement of maintenance via appropriate proceedings.

Smt T Rukshana Begum D/O Fakruddin Sab T W/O… — Maintenance and Alimony | Karnataka HC (2023)

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NC: 2023:KHC-D:14238 CRL.P No. 100472 of 2023 C/W CRL.P No. 104192 of 2022

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 6^TH DAY OF DECEMBER, 2023

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BEFORE

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THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR

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CRIMINAL PETITION NO.100472 OF 2023 C/W

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CRIMINAL PETITION NO.104192 OF 2022

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IN CRL.P. NO.100472 OF 2023: BETWEEN:

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SMT. T. RUKSHANA BEGUM D/O FAKRUDDIN SAB T. W/O ZUBAIR AHMED, AGE. 33 YEARS, OCC. HOUSWIFE,

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AYAAN S/O ZUBAIR AHMED, AGE. 10 YEARS, OCC. STUDENT,

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ALIYA D/O ZUBAIR AHMED, AGE. 07 YEARS, (SINCE PETITIONR NO.2 & 3 ARE MINORS THEY ARE R/BY THEIR NATURAL MOTHER PETITIONER NO.1)

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Digitally signed by VIJAYALAKSHMIM KANKUPPI VIJAYALAKSHMIM KANKUPPI Date: 2023.12.11 11:14:17 +0530

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ALL ARE R/AT. C/O. FAKRUDDIN SAB T., NO. 3318, 18^TH WARD, NEAR ASHRAYA YOJANA, SMIORE COLONY, SANDUR, DIST. BALLARI -583119.

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… PETITIONERS

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(BY SRI. GOURISHANKAR H. MOT, ADVOCATE)

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AND:

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ZUBAIR AHMED S/O LATE MOHAMMED GHOUSE, AGE. 46 YEARS, OCC. BUSINESS, R/AT. G.T. COMPOUND, NEAR VIJAYA TALKIES, 10^TH WARD, HOSAPETE, HOSAPETE TALUK, DIST. BALLARY-583201.

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… RESPONDENT

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(BY SRI. DAYANAND M. BANDI, ADVOCATE)

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2 - NC: 2023:KHC-D:14238 CRL.P No. 100472 of 2023 C/W CRL.P No. 104192 of 2022

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THIS CRIMINAL PETITION IS FILED U/SEC. 482 OF CR.P.C. SEEKING TO SET ASIDE THE IMPUGNED ORDER DATED 24.11.2022 WITH RESPECT TO THE COUNTER-CLAIM OF PETITIONERS AS PASSED BY HON’BLE 4TH ADDITIONAL DISTRICT AND SESSIONS JUDGE (EXCLUSIVE DEDICATE COMMERCIAL COURT), AT BALLARI IN CRL. R. P. NO.117/2022 BY ALLOWING THE COUNTER CLAIM AS PRAYED FOR THE ENHANCEMENT OF MAINTENANCE, IN THE INTEREST OF JUSTICE AND EQUITY.

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IN CRL.P. NO.104192 OF 2022:

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BETWEEN:

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ZUBER AHMED S/O LATE MOHAMMED GOUSE, AGE. 48 YEARS, OCC. PRIVATE, R/AT. G.T. COMPOUND, 10^TH WARD, HOSAPETE-583201, HOSAPETE TALUK, DIST. VIJAYANAGARA.

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… PETITIONER

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(BY SRI. DAYANAND M. BANDI, ADVOCATE)

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AND:

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SMT. RUKSHANA BEGUM W/O ZUBER AMMED, AGE. 36 YEARS, OCC. TEACHER,

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AYAAN ZUBER KHAN S/O ZUBER KHAN, AGE. 10 YEARS, OCC. STUDENT,

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ALIYA D/O ZUBER AHMED, AGE. 07 YEARS, OCC. STUDENT, RESPONDENT NO.1 TO 3 ARE R/O. FAKRUDDIN SAB, 18^TH WARD, SMIORE COLONY, SANDUR TALUKA, DIST. BALLARI -583119.

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… RESPONDENTS (BY SRI. GOURISHANKAR M. MOT, ADVOCATE FOR R1; R2 & R3 ARE MINORS R/BY R1) THIS CRIMINAL PETITION IS FIELD U/S 482 OF CR.P.C., IS SEEKING TO SET ASIDE THE ORDER DATED 22.02.2022 PASSED BY CIVIL JUDGE AND JMFC, SANDURU CRIMINAL MISC NO.109/2018 IN GRANTING THE MAINTENANCE TO THE RESPONDENTS WHICH IS CONFIRMED BY THE ORDER DATED

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3 - NC: 2023:KHC-D:14238 CRL.P No. 100472 of 2023 C/W CRL.P No. 104192 of 2022

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24.11.2022 IN CRIMINAL REVISION PETITION NO.117/2022 PASSED BY THE COURT OF IV ADDITIONAL DISTRICT AND SESSIONS JUDGE, BALLARI.

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THESE PETITIONS IS COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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The Criminal Petition No.100472/2023 is filed by wife and two children of respondent No.2 praying to set-aside the order dated 24.11.2022 with respect to the counter claim of the petitioners in Criminal Revision Petition No.117/2022 by learned IV Additional District and Sessions Judge (Exclusive Dedicated Commercial Court), Ballari. The Criminal Petition No.104192/2022 is filed by husband against his wife and two children praying to setaside the order dated 22.02.2022 passed in Crl.Misc.No.109/2018 by the learned Civil Judge and JMFC, Sandur and order dated 24.11.2022 passed in Criminal Revision Petition No.117/2022 by learned IV Additional District and Sessions Judge (Exclusive Dedicated

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Commercial Court), Ballari.

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4 - NC: 2023:KHC-D:14238 CRL.P No. 100472 of 2023 C/W CRL.P No. 104192 of 2022

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Heard learned counsel appearing for the

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petitioners and respondent.

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The wife and two children seeking maintenance against the husband/father filed Crl.Misc.No.109/2018 on the file of learned Civil Judge and JMFC, Sandur under Section 125 of Cr.P.C. In the said petition, the husband appeared and filed objections. The wife has been examined as PW.1 and got marked Exs.P1 to P13 and husband has been examined as RW.1 and no documents were marked on his behalf. The Trial Court considering the evidence led by the parties, has allowed the petition in part and directed the husband/father to pay maintenance of Rs.3,000/- to the wife and Rs.1,500/- each to two children. Aggrieved by the said order passed by learned Magistrate, the husband/father filed Criminal Revision Petition No.117/2022 on the file of learned IV Additional District and Sessions Judge (Exclusive Dedicated Commercial Court), Ballari praying to set-aside the order passed by learned Magistrate. The wife and two children

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5 - NC: 2023:KHC-D:14238 CRL.P No. 100472 of 2023 C/W CRL.P No. 104192 of 2022

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appeared in the said Criminal Revision Petition and filed counter claim seeking enhancement of maintenance awarded by learned Magistrate. The Revisional Court after hearing the parties, has dismissed the Criminal Revision Petition and also counter claim made by the wife and two children and confirmed the order passed by learned Magistrate. Aggrieved by the said order, husband/father has filed Criminal Petition No.104192/2022, wife and two children have filed Criminal Petition No.100472/2023.

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Learned counsel for the wife and children would

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contend that the maintenance awarded by learned Magistrate and confirmed by learned Sessions Judge is on lower side considering the cost of living and educational expenses of the children. He further submits that the son is studying in 9^th standard and daughter is studying in 5^th standard and the amount as awarded by the learned Magistrate is not sufficient to meet their educational expenses. With this, he prays to enhance the maintenance as awarded by learned Magistrate.

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Learned counsel appearing for the

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husband/father would contend that the husband/father is an employee in a private firm earning Rs.15,000/- per month and he is having parents and he has to lookafter them and his parents are suffering from age old related health issues. With this, he prays to set-aside the order passed by learned Magistrate and learned Sessions Judge.

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Having heard the learned counsel for the parties, this Court has perused the Trial Court records.

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The relationship between the parties is not in dispute. The wife and children have contended in their petition that the husband is doing marketing business, supply of materials to the Traders and Enterprises and getting monthly income of Rs.35,000/-. The said contention of wife and children has been denied by the husband/father in his statement of objections. The husband has contended that he has closed the Trading, marketing business and now he is working in a private firm and getting salary of Rs.15,000/- per month on

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commission basis and he has to look after his old aged parents and his unemployed brother and he is only earning member in the family. The wife and children to establish their contention that husband is earning Rs.35,000/- per month have not placed any documents or evidence in that regard. The wife and children have produced school fee paid receipts pertaining to son and daughter. Learned counsel for the wife and children submits that considering the school fees, the maintenance awarded to the children in a sum of Rs.1,500/- each per month is not sufficient and requires to be enhanced. The maintenance has to be awarded based on the income of husband/father. Even though, the wife and children have not placed any material to establish the income of husband/father, learned Magistrate taking into consideration the liability of husband/father to maintain his wife and children has awarded maintenance of Rs.3,000/to the wife and Rs.1,500/- each to the son and daughter. Considering the status of parties and the amount of

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8 - NC: 2023:KHC-D:14238 CRL.P No. 100472 of 2023 C/W CRL.P No. 104192 of 2022

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maintenance as awarded by learned Magistrate is

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reasonable.

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Learned counsel for the wife and children

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submits that the husband is having immovable property consisting a building and he is getting rent from the said building. The said materials are not placed before the learned Magistrate or before Sessions Court. The wife and children is at liberty to seek enhancement of maintenance as awarded by learned Magistrate in appropriate proceedings if they are having materials to show the income of the husband. Considering all these aspects there are no grounds for setting aside the order passed by the learned Magistrate and the Sessions Court in the revision including the order of rejection of the counter claim by the wife and children. In the result, the following

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ORDER

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Criminal petition Nos.100472/2023 and 104192/2022

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are dismissed. The wife and children are at liberty to seek

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9 - NC: 2023:KHC-D:14238 CRL.P No. 100472 of 2023 C/W CRL.P No. 104192 of 2022

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enhancement of maintenance in the appropriate

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proceedings to be initiated.

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Sd/JUDGE

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AM & DSP CT:BCK List No.: 1 Sl No.: 4

Smt T Rukshana Begum D/O Fakruddin Sab T W/O Zubair Ahmed v. Zubair Ahmed S/O Late Mohammed Ghouse

Case brief

What is this about?

What did the court decide?

Smt T Rukshana Begum D/O Fakruddin Sab T W/O Zubair Ahmed v. Zubair Ahmed S/O Late Mohammed Ghouse

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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