A husband challenged the Family Court's award of maintenance to his wife and minor daughter under Section 125 CrPC. The High Court found him financially viable with a salary of Rs.42,000-43,000 per month and upheld the Family Court's order, dismissing the revision petition as devoid of merit.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 16TH DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR REV.PET FAMILY COURT NO. 105 OF 2023
BETWEEN:
SRI. D.N. SHESHADRI, S/O D.N. DASAPPA, AGED ABOUT 41 YEARS, R/O HOSAKERE, MADHUGIRI HOBLI AND TALUK, TUMKUR DISTRICT - 572 133.
…PETITIONER
(BY SRI. H.B. RUDRESH, ADVOCATE)
AND:
Digitally signed by RAMYA D Location: HIGH COURT OF KARNATAKA
SINCE MINOR
REP. BY HER NATURAL GUARDIAN MOTHER SMT. MYTHRI K.
BOTH ARE R/AT 'HEMA NILAYA',
3RD CROSS, B CROSS, KRISHANANAGARA, BADDIHALLI, KYATASANDRA, TUMAKURU - 572 103.
…RESPONDENTS
(BY SMT. KEERTHI SHEKAR M., ADVOCATE FOR SRI. SUNIL KUMAR PATIL, ADVOCATE)
THIS RPFC IS FILED UNDER SEC.19(4) OF THE FAMILY COURT ACT AGAINST THE ORDER DATED 07.01.2023 PASSED IN CRL.MISC. NO.157/2021 ON THE FILE OF THE PRINCIPAL JUDGE, FAMILY COURT TUMAKURU, PARTLY ALLOWING THE PETITION FILED UNDER SEC.125 OF Cr.P.C. FOR MAINTENANCE.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petition is filed by the husband calling in question the order of granting maintenance to the wife and child passed in Crl.Misc.No.157/2021 dated 07.01.2023 by the Principal Judge, Family Court, Tumakuru.
the petitioner. The relationship between the parties is not disputed. Ex.P.1 is the marriage invitation card and Exs.2 and 3 are the Aadhar cards, which prove that respondents herein are wife and daughter of the petitioner. Due to certain allegations, the respondents were constrained to live separately from the petitioner and it is alleged that the petitioner has deserted the respondents. It is further contended that the petitioner has got divorced in M.C.No.122/2019 dated 23.03.2021 passed by the Additional Senior Civil Judge and JMFC, Madhugiri. The Family Court has awarded maintenance of Rs.9,000/- per month to the respondent No.1 – wife and Rs.6,000/- per month to the respondent No.2 – daughter and also ordered to pay litigation expenses of Rs.10,000/- to the respondents.
These facts are not disputed. Further, the petitioner’s parents are owners of 1½ acres of land at Dodderi village in the name of his mother and in the said land, they are growing crops. Therefore, the petitioner – husband is found to be financial viable person to pay substantial maintenance to the respondents. Therefore, considering
all the facts and circumstances of the case, the Family Court is correct in granting maintenance amount to the respondents. The petition is devoid of merits calling interference to the order passed by the Family Court. Hence, petition is hereby dismissed for devoid of merits.
Sd/JUDGE
MH/List No.: 1 Sl No.: 25 CT:SNN
1 issue framed by the court
Whether the Family Court's grant of Rs.9,000 and Rs.6,000 monthly maintenance to wife and daughter should be upheld given the husband's income?
2 provisions across 2 enactments
D.N. Sheshadri
Mythri K.
Kum. Maanya
Hanchate Sanjeevkumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
