The High Court dismissed a revision petition challenging an order that enhanced monthly maintenance from Rs.7,000 to Rs.12,000 per month. The Court held the increase was justified due to rising costs and the children's educational needs.
The enhancement of maintenance to Rs.12,000 per month was affirmed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 7TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE R. NATARAJ REVISION PETITION FAMILY COURT NO. 30 OF 2019
BETWEEN:
THIPPERUDRASWAMY T., S/O THIPPESWAMY, AGED ABOUT 37 YEARS, POLICE CONSTABLE, RESIDING AT CHALLAKERE POLICE STATION, CHALLAKERE TALUK, CHITRADURGA DISTRICT-577522.
…PETITIONER
(BY SRI. JAGAN MOHAN M.T., ADVOCATE)
AND:
Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA
RESPONDENT-2 AND 3 ARE MINORS, REPRESENTED BY NATURAL GUARDIAN, MOTHER SWATHI, RESPONDENT-1
ALL ARE RESIDING AT 3RD MAIN, 13TH CROSS, VINOBANAGARA, DAVANGERE-577002.
…RESPONDENTS
(BY SRI. CHANDRA MOULI B., ADVOCATE)
NC: 2023:KHC:44502 RPFC No. 30 of 2019
THIS RPFC IS FILED UNDER SECTION 19(4) OF FAMILY COURTS ACT AGAINST THE ORDER DATED 27.12.2108 PASSED IN CRL.MISC.NO.85/2017 ON THE FILE OF THE JUDGE, FAMILY COURT, DAVANAGERE PARTLY ALLOWING THE PETITION FILED UNDER SECTION 127 OF CR.P.C. FOR MAINTENANCE.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioner has challenged an order dated 27.12.2018 passed by the Family Court, Davanagere (henceforth referred to as 'Trial Court') in Crl.Misc.No.85/2017 under Section 127 of Cr.P.C., by which, it enhanced the maintenance from a sum of Rs.7,000/- to Rs.12,000/- per month.
falling value of the rupee. This petition was opposed by the petitioner, who contended that he was punctually paying maintenance at a sum of Rs.7,000/- per month as agreed in Crl.Misc.No.359/2013 and therefore, there was no change in circumstance to enhance the maintenance. Besides, he claimed that he had no means to pay any higher maintenance.
Trial Court allowed the petition and directed the petitioner to pay the enhanced monthly maintenance at the rate of Rs.4,000/- to each of the respondents.
NC: 2023:KHC:44502 RPFC No. 30 of 2019
petitioner also has the responsibility of looking after his parents and therefore, the enhancement of maintenance to Rs.12,000/per month, which is almost equal to 50% of his salary, is unjust and not proper. He therefore, prays that the impugned order be set aside.
enhancing the monthly maintenance from a sum of Rs.7,000/to a sum of Rs.12,000/-, more particularly, having regard to the fact that the petitioner has no other responsibility and is employed as a police constable having monthly salary of nearly
a sum of Rs.25,000/-. There is no error committed by the
Trial Court warranting interference by this Court.
any, do not survive for consideration and the same stand dismissed.
Sd/JUDGE
PMR
List No.: 1 Sl No.: 58
2 issues framed by the court
Whether the Family Court erred in enhancing maintenance under Section 127 Cr.P.C. despite a prior compromise, given changed circumstances and inflation.
Whether an enhancement of maintenance to 50% of the petitioner's net income was unjust considering his employment as a police constable and parental responsibilities.
2 provisions across 2 enactments
THIPPERUDRASWAMY T.
SWATHI
BHARATH KUMAR S/O THIPPERUDRASWAMY
GOUTHAMI T.
R. NATARAJ
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
