Wife and daughter challenged reduction by Sessions Court of their monthly maintenance from Rs.5,000 each awarded by Magistrate to Rs.3,000 and Rs.2,000 despite husband's net salary of Rs.17,586. Court held no rule caps maintenance at a percentage of salary and restored the Magistrate's awards.
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NC: 2024:KHC:19024 CRL.P No. 8546 of 2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF JUNE, 2024
BEFORE
THE HON'BLE MR JUSTICE N S SANJAY GOWDA CRIMINAL PETITION NO. 8546 OF 2018 (482)
BETWEEN:
(BY SRI. C.N.RAJU., ADVOCATE)
Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA
AND:
NC: 2024:KHC:19024 CRL.P No. 8546 of 2018
MARAGOWDANAHALLI, KEREGLDU HOBLI MANDYA TALUK, MANDYA DISTRICT PIN CODE NO-571 429.
…RESPONDENT
(BY SRI. H.B.CHANDRASHEKAR., ADVOCATE)
THIS CRL.P IS FILED UNDER SECTION 482 CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HON'BLE CORUT MAY BE PLEASED TO SET ASIDE THE JUDGMENT PASSED IN CRL.RP NO.324/2017 DATED 01.03.2018 BY THE 5th ADDITIONAL DISTRICT AND SESSIONS JUDGE AT MANDYA, AND RESTORE THE JUDGMENT PASSED IN CRL.MISC.NO.44/2015 DATED 23.10.2017 BY THE 1st ADDITIONAL SENIOR CIVIL JUDGE AND CJM MANDYA.
THIS PETITION, COMING ON FOR DISMISSAL FOR NONPROSECUTION, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
and the pay slips produced before the Courts below indicate that he was drawing a net salary of Rs.16,630/-.
presently a major and is still studying, it would be appropriate to affirm the order of the Magistrate by which a sum of Rs.5,000/- per month has been awarded to the wife from the date of the petition till the date on which possession was handed over to her and also affirm the sum of Rs.5,000/- per month awarded to the daughter from the date of the petition till she is married.
Sd/JUDGE
HNM
List No.: 1 Sl No.: 21
1 issue framed by the court
Whether the Sessions Court was justified in reducing the Magistrate's maintenance award of Rs.5,000 each to wife and daughter on the ground that maintenance cannot exceed 25% of net salary.
1 provisions across 1 enactments
Smt A R Thejavathi
Kum Vishnavi (minor, rep. by her mother)
A L Umesh
N S Sanjay Gowda
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
