A father challenged the Family Court's enhancement of his minor daughter's monthly maintenance from Rs.10,000 to Rs.15,000 under Section 127 CrPC. The High Court found no reason to interfere and dismissed the revision petition.
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:30665 RPFC No. 91 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 1ST DAY OF AUGUST, 2024
BEFORE
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI REV.PET FAMILY COURT NO. 91 OF 2023
BETWEEN:
SRI. BALAJI RAO T.R., S/O. SRI. T. RANOJI RAO, AGED ABOUT 47 YEARS, R/AT.NO.821, AGP LAYOUT, NEAR SAPTAGIRI ENG. COLLEGE, HESARGHATTA MAIN ROAD, CHIKKASANDRA, BANGALORE – 560 090.
…PETITIONER
(BY SRI. MANJULA L., ADVOCATE)
AND:
Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA
KUMARI. JHANAVI, D/O. BALAJI RAO, AGED ABOUT 15 YEARS, REP. BY HER MOTHER NATURAL GUARDIAN, SMT. NETHRAVATHI, R/AT.NO.441/1, 21ST MAIN, 4TH BLOCK, NANDINI LAYOUT, BANGALORE – 560 096.
…RESPONDENT
(BY SRI. MANJUNATH V., ADVOCATE)
THIS RPFC IS FILED UNDER SECTION 19 OF THE FAMILY COURTS ACT., AGAINST THE JUDGMENT AND DECREE DATED 23.11.2022 PASSED IN CRL.MISC.NO.735/2018 ON THE FILE OF THE VI ADDITIONAL PRL. JUDGE, FAMILY COURT, BENGALURU AND ETC.
NC: 2024:KHC:30665 RPFC No. 91 of 2023
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
ORAL ORDER
The present RPFC is filed aggrieved by the orders passed in Crl.Misc.No.735/2018 dated 23.11.2022 by the VI Addl. Principal Judge, Family Court, Bengaluru, under Section 127 of the CrPC., by the minor petitioner through her mother/natural guardian against the respondent/father seeking enhancement of monthly maintenance from an amount of Rs.10,000/- to Rs.25,000/-.
NC: 2024:KHC:30665 RPFC No. 91 of 2023
Bangalore Mediation Centre for settlement and it was settled. As per the settlement, the husband had paid permanent alimony of an amount of Rs.12,00,000/- to the wife and it was agreed that the mother can prosecute Crl.Misc.No.226/2011 regarding maintenance of the minor child and the marriage was dissolved as per the orders dated 09.03.2015 and the husband had paid the permanent alimony. Earlier, by order dated 11.07.2017, the Trial Court had granted maintenance of an amount of Rs.10,000/- per month to the minor child in Crl.Misc.No.226/2011. It is stated that the mother is unemployed, as she has no source of income and monthly maintenance of an amount of Rs.10,000/- is not sufficient, she is facing difficulties to raise the child and also to meet the necessary expenses of the child. The husband is working in Accenture and drawing a salary of an amount of Rs.1,00,000/per month and sought for enhancement of maintenance from an amount of Rs.10,000/- to an amount of Rs.25,000/-.
wife, the petitioner is having a daughter. He lost his job during Covid period and he has no sufficient source of income. This petition is filed only to harass him. It is his case that the wife also gets income from the rent as she owns number of houses and as she is an advocate she is harassing the husband. The Trial Court while granting the maintenance had considered the evidence placed by both the parties, particularly the documents filed on behalf of the father, i.e., the school fees paid by him to his daughter out of the second marriage and other medical records. Court also considered the fact that he is irregular in paying monthly maintenance to the daughter and also the fact that he was drawing a salary of an amount of Rs.72,000/- per month while working in Accenture. The statement of assets and liabilities filed by the husband dated 01.10.2021 reveals that he was working as team leader, but he has not mentioned regarding his monthly salary. It shows that he has been paying an amount Rs.10,000/- per month towards the maintenance of his daughter. The Trial Court also considered the fact that he is living in a house which belongs to his parents. Considering all these aspects, the Trial Court had felt that the maintenance can be enhanced from an amount of Rs.10,000/- to Rs.15,000/-
NC: 2024:KHC:30665 RPFC No. 91 of 2023
from the date of the petition till the daughter gets married and it would meet the ends of justice. Aggrieved thereby the petitioner/husband is before this Court.
NC: 2024:KHC:30665 RPFC No. 91 of 2023
brought the child. It is submitted that paying maintenance of an amount of Rs.15,000/- is beyond the capacity of the husband and the RPFC has to be allowed by reducing the amount to Rs.10,000/-.
NC: 2024:KHC:30665 RPFC No. 91 of 2023
granted an amount of Rs.15,000/-. In that also being a father
of the child, he had failed to take the responsibility.
any order of visitation to see the daughter. He had filed some evidence before the Court stating that he had spent some amounts towards the education of his daughter out of the second marriage. Being a father he has a responsibility to take care of the daughter. Admittedly, he got remarried and he has not made any efforts to seek the custody or he has taken care of the maintenance of the child. The order passed by the Court is also not complied with and he has been very irregular in paying the maintenance. As per the evidence on record, she is getting a meager amount of Rs.15,000/- per month and in that it is not possible for her to take care of the daughter. The husband says that he is not earning anything at one breath and he says that he can pay an amount of Rs.10,000/- the other.
of the daughter, even maintenance of an amount of Rs.15,000/- granted by the Trial Court is also not sufficient. As no appeal is preferred by the mother this Court is not going into that aspect. Hence, this Court finds no reasons to interfere with the orders passed by the Trial Court. Hence, the following,
ORDER
husband is dismissed .
SD/(LALITHA KANNEGANTI)
JUDGE
BN
List No.: 1 Sl No.: 24
1 issue framed by the court
Should the Family Court's enhancement of the minor daughter's monthly maintenance from Rs.10,000/- to Rs.15,000/- be reduced as sought by the father?
2 provisions across 2 enactments
Balaji Rao T.R.
Kumari Jhanavi (rep. by mother/natural guardian Smt. Nethravathi)
Lalitha Kanneganti
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
