Husband challenged Family Court maintenance order granting Rs.4,000 per month to wife and Rs.2,000 to minor son. High Court found evidence showed he had land share and earning capacity, held amount was meager, and dismissed the revision petition.
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NC: 2024:KHC:3590 RPFC No. 138 of 2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 24TH DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR
REV.PETITION FAMILY COURT NO.138 OF 2018
BETWEEN:
VENKATESH NAIK @ VENKATESH S/O CHATRA NAIK AGED ABOUT 33 YEARS, R/O MUNDENAKOPPA THANDA MATTUR POST, SHIVAMOGGA TALUK – 577 201 SHIVAMOGGA DISTRICT.
…PETITIONER
(BY SMT. S.B. REKHA, ADVOCATE FOR SRI. P N HARISH, ADVOCATE)
Digitally signed by RAMYA D Location: HIGH COURT OF KARNATAKA
AND:
W/O VENKATESH NAIK @ VENKATESH AGED ABOUT 32 YEARS,
S/O SMT. SHOBHA W/O VENKATESH NAIKA AGED ABOUT 3 YEARS, MINOR REP. BY HIS MOTHER GUARDIAN THE FIRST RESPONDENT
NC: 2024:KHC:3590 RPFC No. 138 of 2018
BOTH ARE RESIDENTS OF AYANUR-KOHALLI THANDA SHIVAMOGGA TALUK – 577 201 SHIVAMOGGA DISTRICT
…RESPONDENTS
(BY SRI. NATARAJAU.G., ADVOCATE FOR R1; R2 IS MINOR REPRESENTED BY R1)
THIS RPFC IS FILED U/S.19(4) OF FAMILY COURTS ACT, AGAINST THE ORDER DATED 16.07.2018 PASSED IN C.MISC.NO.120/2016 ON THE FILE OF THE PRL. JUDGE FAMILY COURT, SHIVAMOGGA, 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
This revision petition is filed by the petitioner-
husband calling in question the order of maintenance granted to the respondent-wife.
and respondents is not disputed. The petitioner is the husband and respondent No.1 is the wife and respondent No.2 is the minor son. On certain allegations, the
respondents were started residing separately. For maintenance in life, the respondents filed the petition under Section 125 of Cr.P.C and the Family Court has granted maintenance amount of Rs.4,000/- p.m., to respondent No.1-wife and Rs.2,000/- to respondent No.2minor son. This is under challenge in this petition.
amount of maintenance as above stated. Hence, this Court
NC: 2024:KHC:3590 RPFC No. 138 of 2018
cannot interfere with the said order. Therefore, there is no merit found in this petition and it is liable to be dismissed.
Accordingly, petition is dismissed .
Sd/JUDGE
PB
List No.: 1 Sl No.: 37
1 issue framed by the court
Whether the Family Court's maintenance award of Rs.4,000 p.m. to the wife and Rs.2,000 to the minor son was liable to be interfered with in revision.
2 provisions across 2 enactments
Venkatesh Naik @ Venkatesh
Shobha
Lathesh (minor, rep. by mother Shobha)
Hanchate Sanjeevkumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
