Revision against Family Court order granting Rs. 6,000/month maintenance to daughter. Held: Dismissed revision as maintenance award is reasonable considering husband's salary.
Revision petition dismissed. Interlocutory application dismissed.
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.
NC: 2024:KHC:11460 RPFC No. 51 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF MARCH, 2024
BEFORE
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI REV.PET FAMILY COURT NO. 51 OF 2024
BETWEEN:
SRI. NASAPPA, S/O SRI. MUNINARAYANAPPA, AGED ABOUT 50 YEARS, R/O KOLLURU VILLAGE, SRINIVASAVAPURA TALUK - 563 135.
…PETITIONER
(BY SRI. G.M. SRINIVASAREDDY, ADVOCATE)
AND:
Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA
BOTH ARE RESIDING AT DODDA KURUBARAHALLI, HOLURU HOBLI, KOLAR TALUK - 563 126.
…RESPONDENTS
THIS RPFC IS FILED UNDER SECTION 19(4) OF FAMILY COURT ACT, AGAINST THE ORDER DATED 10.01.2024 PASSED IN CRL.MISC(F.C).NO.69/2022 ON THE FILE OF THE PRINCIPAL
NC: 2024:KHC:11460 RPFC No. 51 of 2024
JUDGE, FAMILY COURT, KOLAR, PARTLY ALLOWING THE PETITION FILED U/S.125 OF CR.P.C. FOR MAINTENANCE. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The present revision petition is filed by the husband aggrieved by the order passed in Crl.Misc.(F.C)No.69/2022 dated 10.01.2024 on the file of the Principal Judge, Family Court, Kolar.
pregnant and after the delivery, the husband never visited the baby. The said circumstances forced her to depend upon her parents. The entire educational expenses of the daughter have been borne by the parents of the wife till their death. The wife lost her parents one year back. Now she is depending upon her elder sister and it has become very difficult for her to meet the educational expenses, basic necessities like medical expenses etc. She has no independent source of income.
also raised several allegations against the wife that she
left the matrimonial home without any reasonable cause and even without informing him, she went to her parents' house. While going, she took away all clothing, jewels given by her parents and also scooty vehicle purchased in her name by the husband. It is the case of the husband that he is ready to take back his wife and daughter, but they are not interested to come. It is stated that he has provided an amount of Rs.2,00,000/- to the brother of the wife for completing unfinished residential house. When the husband requested to return the money, her brother threatened with dire consequences and did not return the money. It is stated that the petitioner/husband is working as 'D' Group daily wages employee in the Forest Department and he is not earning an amount of Rs.40,000/- per month as alleged by the respondents and he is not in a position to pay the maintenance.
before it and the statement of assets and liabilities produced by both the parties as per the judgment of the
Hon'ble Apex Court. As per the salary certificate produced by the husband, he is getting monthly salary of an amount of Rs.25,128/- per month. The respondents have failed to prove that he is earning an amount of Rs.40,000/- per month and an amount of Rs.1,00,000/- per annum from the agricultural land. The Court below had dismissed the petition filed by the wife seeking maintenance. But, however, granted maintenance to the daughter at Rs.4,000/- per month from the date of petition till the date of order and an amount of Rs.6,000/- per month from the
date of order until further orders and also granted litigation expenses of an amount of Rs.5,000/-. Aggrieved thereby, the petitioner/husband is before this Court.
submits that the husband is getting an amount of Rs.25,000/- per month as salary and he has to take care of his mother who is aged and having health ailments and
also has to support himself. It is submitted that his mother
is having health issues and he would not be in a position
to pay an amount of Rs.6,000/- per month to the daughter. If they come back, he is ready to take them but for the reasons best known to the respondents, they are not joining the petitioner.
and an amount of Rs.1,00,000/- from the landed properties, she could not prove that. According to the salary certificate, the husband is earning an amount of Rs.25,000/- per month. According to him, his mother is depending on him and both the husband and his mother are having health issues. When the petitioner/husband is earning an amount of Rs.25,000/-, it is the case of the respondents that he has to maintain his daughter. He cannot say he has to spend his salary for himself and his mother. The Court below has reasonably granted an amount of Rs.6,000/- per month as maintenance and an
NC: 2024:KHC:11460 RPFC No. 51 of 2024
amount of Rs.5,000/- towards litigation expenses. Even
for such meager maintenance, the contention of the learned counsel for the petitioner cannot be accepted. The Court below considered the expenses to be borne by the petitioner towards his mother and towards his personal expenditure and granted reasonable amount of Rs.6,000/-
per month as maintenance to the daughter. This Court finds no reason to interfere with the same.
consideration.
SD/JUDGE
MEG List No.: 1 Sl No.: 7 CT:SNN
2 issues framed by the court
Whether the High Court should interfere with the lower court's maintenance order granting Rs. 6,000 per month to the minor daughter.
Whether the husband's entitlement to maintain his mother justifies the dismissal of the maintenance claim against him.
2 provisions across 2 enactments
SRI. NASAPPA
SMT. VARALAKSHMI
YASHASWINI
LALITHA KANNEGANTI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
