The High Court in revision enhanced the maintenance of the wife from Rs.1,500 to Rs.10,000 per month, finding the original amount meager as the husband was financially viable with agricultural income.
Order of Judge, Family Court, Davanagere, modified to award maintenance of Rs.10,000 per month to the petitioner/wife for her lifetime.
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:2247 RPFC No. 90 of 2019
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.PETITION FAMILY COURT NO.90 OF 2019
BETWEEN:
SMT. SUSHEELA, W/O M.H. RAMESH AGED ABOUT 31 YEARS, R/AT KENCHANAHALLI, HARIHARA TALUK, DAVANAGERE DISTRICT – 577 601
…PETITIONER
(BY SRI.MANJUNATHA PATTANA SHETTY, ADVOCATE)
AND:
Digitally signed by RAMYA D
Location: HIGH COURT OF KARNATAKA
M.H. RAMESH, S/O MILLEKATTE HANUMANTHAPPA, AGED ABOUT 34 YEARS, OCC: BUSINESS R/AT KENCHANAHALLI, HARIHARA TALUK, DAVANAGERE DISTRICT – 577 601
…RESPONDENT (BY SRI.PRASANNA, ADVOCATE) THIS RPFC IS FILED UNDER SEC. 19[4] OF FAMILY COURTS ACT. AGAINST THE ORDER DATED 22.03.2019 PASSED IN CRL.MISC.NO.418/2013 ON THE FILE OF THE JUDGE, FAMILY COURT, DAVANAGERE 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:
NC: 2024:KHC:2247 RPFC No. 90 of 2019
ORDER
The revision petition is filed by the wife seeking enhancement of maintenance amount.
NC: 2024:KHC:2247 RPFC No. 90 of 2019
as wife and husband, it is the obligation and bounden duty of the respondent/husband to maintain his wife. The petitioner is claiming that respondent is doing electrical work of repairing pump set motors and other electrical works, but there is no documentary evidence produced. For these types of works, it cannot be expected to produce documentary evidence. Further it is not specifically denied by the respondent/husband. Further the petitioner has filed Ex.P-5 - Record of Rights proving that respondent is the owner of agricultural land of 3 acres 20 guntas of land and by which the respondent is earning income.
NC: 2024:KHC:2247 RPFC No. 90 of 2019
grounds for award of maintenance amount and accordingly, it is enhanced by granting another sum of Rs.10,000/- per month to the petitioner/wife against what has been awarded by the Tribunal from the date of petition for the lifetime of petitioner/wife.
the following:
ORDER
DR
List No.: 1 Sl No.: 38
Sd/JUDGE
2 issues framed by the court
Whether the maintenance award of Rs.1,500 per month by the Family Court is adequate in the given circumstances.
Whether the revision petition filed by the wife for enhancement of maintenance amount is maintainable.
2 provisions across 2 enactments
Smt. Susheela
M.H. Ramesh
Hanchate Sanjeevkumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
