Husband's revision against Family Court maintenance award of Rs.20,000 per month to wife and Rs.5,000 each to children; High Court upheld the finding that he was financially viable and dismissed the revision.
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NC: 2024:KHC:909 RPFC No. 52 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 8TH DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR
REV.PET FAMILY COURT NO. 52 OF 2023
BETWEEN:
MR YASEER ARFATH S/O ABDUL RAHIM AGED ABOUT 34 YEARS, R/A DOOR NO. 1326, 2ND STAGE, RAJIV NAGAR MYSURU DISTRICT KARNATAKA : 570 001
…PETITIONER
(BY SRI. OMRAN GULAM AHMED KHAN, ADVOCATE)
AND:
Digitally signed by RAMYA D Location: HIGH COURT OF KARNATAKA
NC: 2024:KHC:909 RPFC No. 52 of 2023
(BOTH RESPONDENT NO. 2 AND 3 REPRESENTED BY THEIR NATURAL GUARDIAN RESPONDENT NO. 1) ADDRESS AT NO. 2555/1, EREKATTE STREET, LASHKAR MOHALLA MYSURU – 570 001.
…RESPONDENTS
(BY SRI. N KUMAR, ADVOCATE FOR R1; R2&R3 ARE MINORS REP. BY R1)
THIS RPFC IS FILED U/S.19(4) OF THE FAMILY COURTS ACT 1984 AGAINST THE JUDGMENT AND DECREE DATED 16.01.2023. PASSED IN C.MISC.NO.551/2022 ON THE FILE OF THE IV ADDITIONAL PRINCIPAL FAMILY JUDGE, MYSURU. 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 revision petition is filed by the petitionerhusband challenging the judgment and order dated 16.01.2023 passed in Crl.Misc.No.551/2022 by IV Addl. Prl. Family Judge, Mysuru, calling in question the grant of maintenance to the respondents. The relationship between the petitioner and respondents are not disputed.
the evidence on record and observed that the petitioner is running gujari shop in large scale beside being the owner of crane, which can be seen in photographs-Ex.P.9 and Ex.P.10. The petitioner has admitted in cross-examination that he has taken his house on lease basis by making payment of Rs.10,00,000/- and the petitioner and his parents are residing in the said lease
house. The family Court has also observed that the petitioner is able to purchase two wheeler worth of Rs.1,20,000/-. Even though, the petitioner has stated that by raising loan that two wheeler was purchased, but no evidence is produced before the Court that he has raised loan for purchasing two wheeler worth of Rs.1,20,000/-. Even though, if the petitioner has purchased two wheeler by making payment of Rs.1,20,000/- or by raising loan, on both counts, it is proved that the petitioner is financially viable person. Further more, the petitioner has stated that he is not the owner of gujari shop and working therein, but the petitioner has not produced any evidence to show that the said gujari shop belongs to others.
NC: 2024:KHC:909 RPFC No. 52 of 2023
petitioner, due to which, electricity connection is disconnected. All these are borne out from the evidence on record. Hence, the family Court has correctly assessed, analyzed and evaluated the evidence on record and rightly come to the conclusion that the petitioner is a financially viable person and he is able to give maintenance at Rs.30,000/- per month to the wife and children and accordingly, granted, which needs no interference.
Mysore city. Therefore, for maintaining life in Mysore city, this much amount is minimum required and that is correctly observed by the family Court and accordingly, granted, which needs no interference by this Court. Therefore, the revision petition is liable to be dismissed.
1 AIR 2021 SC 569
that unless both the parties file statement of assets and liabilities, maintenance amount cannot be granted. The Hon’ble Apex Court in the said judgment has stated that filing of statement of assets and liabilities is mode for assessing the financial viability of the husband and wife. Filing of assets and liabilities enables the Court to make right assessment of the amount that the wife is required for maintenance and in what capacity the husband is financially viable. Therefore, just because, in the present case, statement of assets and liabilities is not filed that cannot be a ground to reject the maintenance petition filed by the wife and children.
being the wife and children have produced sufficient evidence to prove as to what is the financial status of the petitioner-husband and that is correctly appreciated by the family Court as discussed above. Therefore, the revision petition is liable to be dismissed.
dismissed .
Sd/JUDGE
PB
List No.: 1 Sl No.: 18
1 issue framed by the court
Whether the maintenance awarded to the wife and children by the Family Court required revision despite absence of filed statements of assets and liabilities.
Colour shows how this judgement treated each authority
Rajnesh Vs. NehaDistinguished¶6
AIR 2021 SC 569 · Who else cites this
2 provisions across 2 enactments
Yaseer Arfath
Umme Saniya
Inaya Shaikh
Izhaan Arfath Shaikh
Hanchate Sanjeevkumar
As recorded by the court registry
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