Partly allowed

Sri G P Mallikarjuna v. Smt G H Sudha

Karnataka HC6 Feb 2023RPFC/4/2022

Case brief

AI extract

What is this about?

The petition to Court modified the Family Court order enhancing monthly maintenance from Rs.15,000 to Rs.10,000 per respondent based on updated income and provided for post-superannuation benefits.

What did the court decide?

Monthly maintenance reduced to Rs.10,000 per respondent; post-superannuation maintenance fixed at 50% of pension; three months time granted to deposit 100% of arrears.

Sri G P Mallikarjuna Vs Smt G H Sudha — Maintenance and Alimony | Karnataka HC (2023)

¶1

¶2

RPFC No. 4 of 2022

¶3

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

¶4

DATED THIS THE 6^TH DAY OF FEBRUARY, 2023

¶5

BEFORE

¶6

THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR

¶7

R.P.F.C. NO.4 OF 2022

¶8

BETWEEN:

¶9

SRI G.P. MALLIKARJUNA S/O LATE PARAMESHWARAPPA AGED ABOUT 51 YEARS OCC: ASST. TEACHER GOVT. HIGHER PRIMARY SCHOOL V. BENAVALLI VILLAGE AND POST SHIVAMOGGA TALUK-577 201.

¶10

…PETITIONER

¶11

(BY SRI MARUTHI G.B., ADVOCATE)

¶12

AND:

¶13

SMT. G.H. SUDHA

¶14

Digitally signed by R HEMALATHA Location: HIGH COURT OF KARNATAKA

¶15

W/O G.P. MALLIKARJUNAPPA D/O G.R. HANUMANTHAPPA AGED ABOUT 44 YEARS R/O LAKSHMI RANGANATHA NILAYA 5TH CROSS, 1ST STAGE VINOBANAGARA SHIVAMOGGA-577 201.

¶16

THANU G M D/O G.P. MALLIKARJUNAPPA AGED ABOUT 15 YEARS R/O LAKSHMI RANGANATHA NILAYA 5TH CROSS, 1ST STAGE VINOBHANAGARA SHIVAMOGGA-577 201.

¶17

¶18

RPFC No. 4 of 2022

¶19

(MINOR REPRESENTED BY HER MOTHER RESPONDENT NO.1)

¶20

NOW RESPONDENTS NO.1 AND 2 ARE RESIDING AT BASAVESHWARA NAGARA SHIVAMOGGA-577 201.

¶21

…RESPONDENTS

¶22

(BY SRI P.N. HARISH, ADVOCATE FOR R-1; R-2 MINOR REPRESENTED BY R-1)

¶23

THIS RPFC IS FILED UNDER SECTION 19(4) OF THE FAMILY COURT ACT, AGAINST THE ORDER DATED 28.10.2021 PASSED IN CRL.MIS.NO. 56/2018 ON THE FILE OF THE PRINCIPAL JUDGE, FAMILY COURT, SHIVAMOGGA, ALLOWING THE PETITION FILED UNDER SECTION 125 OF CR.PC., FOR MAINTENANCE.

¶24

THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:

¶25

ORDER

¶26

The order dated 28.10.2021 in Cri.Misc.No.56/2018 passed by the Family Court, Shivamogga, by which the petitioner has been directed to pay a sum of Rs.15,000/- each to the respondents herein towards monthly maintenance is impugned in this petition.

¶27

The learned counsel appearing for the petitioner submits that the net salary of the petitioner is Rs.36,174/-, and the monthly maintenance of Rs.30,000/- payable by the petitioner to the respondents herein is on the higher side.

¶28

¶29

RPFC No. 4 of 2022

¶30

3. The learned counsel appearing for the respondents

¶31

submits that the gross salary of the petitioner was Rs.47,000/-,

¶32

and the Trial Court taking into account the income of the petitioner has rightly granted a sum of Rs.30,000/- towards monthly maintenance to the respondents and the same does not warrant any interference.

¶33

I have considered the submissions of the learned counsel appearing for the parties.

¶34

As on the date of filing of the petition under Section 125 of Cr.PC, the income of the petitioner was Rs.47,031/- - Ex.P9 and the net salary was Rs.23,133/-. The respondents have placed on record the present salary slip of the petitioner, which indicates that the gross salary of the petitioner is Rs.61,638/-, and the net salary is Rs.36,174/- after deducting Rs.20,000/- p.m. contributed by the petitioner towards general provident fund. Taking into account the net income of the petitioner at Ex.P9 and also the present salary slip, the monthly maintenance awarded by the Trial Court is on the higher side. In view of the same, it would suffice that the monthly maintenance of Rs.10,000/- is granted to each of the

¶35

¶36

RPFC No. 4 of 2022

¶37

respondent payable by the petitioner as against

¶38

Rs.15,000/- p.m. Accordingly, I pass the following:

¶39

ORDER

¶40

i) Petition is allowed in part;

¶41

ii) The impugned order dated 28.10.2018 passed in

¶42

Crl.Misc.No.56/2018 by the Family Court, Shivamogga, is hereby modified.

¶43

iii) The petitioner is hereby directed to pay a sum of Rs.10,000/- to each of the respondents from the date of filing of the petition under Section 125 of Cr.PC before the Family Court concerned till the life time of respondent No.1 or till it altered.

¶44

iv) The 2nd respondent is entitled for monthly maintenance from the date of petition under Section 125 of Cr.PC till she attains the age of majority.

¶45

v) After superannuation of the petitioner, the respondents are entitled for 50% of the monthly pension amount reserving liberty to the respondents to file an

¶46

¶47

RPFC No. 4 of 2022

¶48

application for enhancement of maintenance under Section 125 of Cr.PC.

¶49

vi) The petitioner is granted three months time to

¶50

deposit 50% of the arrears of maintenance and the remaining 50% of the arrears of maintenance within three months thereafter.

¶51

Sd/JUDGE

¶52

List No.: 1 Sl No.: 65

¶53

BKM

Sri G P Mallikarjuna v. Smt G H Sudha

Case brief

What is this about?

What did the court decide?

Sri G P Mallikarjuna v. Smt G H Sudha

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

Similar cases

Gangadevamma Vs State of Karnataka

Smt Leela Poojarthy Vs Smt Pushpa

Sri Ninge Gowda Vs Sri Badrappa

Sri K v Ramesh Babu Vs S Malini

Sri G.R Jagannath Vs Special Land Acquisition Officer

Johan J Ranjith Vs Vijaya Bank