Dismissed¶37

Shri Chidanand S/O Apparai Masarguppi v. Smt Soniya W/O Chidanand Masarguppi

Karnataka HC21 Jan 2025RPFC/100001/2025

Case brief

AI extract

What is this about?

Maintenance — revision petition under S.19(4) Family Court Act — challenge to Family Court, Belagavi order dated 29.11.2024 granting wife Rs.25,000/- per month in Crl.Misc.No.67/2022 — husband's plea of loan EMI Rs.37,700/- per month and LIC premium Rs.53,000/- per year rejected — Assistant Professor, JSS College, salary Rs.72,000/- per month — capacity to pay upheld against wife's livelihood and husband's status — petition dismissed — High Court of Karnataka, Dharwad Bench — RPFC No. 100001 of 2025.

What did the court decide?

The petitioner himself admitted in his statement of objection before the Family Court that he has to pay Rs.53,000/- per year towards LIC premium and an EMI of Rs.37,700/- per month. ¶36

Shri Chidanand S/O Apparai Masarguppi Vs Smt Soniya W/O Chidanand Masarguppi — Karnataka HC (2025) — LawSathi Research

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1 - NC: 2025:KHC-D:1130 RPFC No. 100001 of 2025

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IN THE HIGH COURT OF KARNATAKA,

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DHARWAD BENCH

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DATED THIS THE 21^ST DAY OF JANUARY, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE E.S.INDIRESH

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REV.PET FAMILY COURT NO. 100001 OF 2025 (-)

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BETWEEN:

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SHRI. CHIDANAND S/O. APPARAI MASARGUPPI, AGE. 39 YEARS, OCC. ASST. PROFESSOR, R/O.C/O. V G SIDDAPURMATH, DURGA DEVI EXTN, BEHIND GOKAL RESORT, 2^ND CROSS, YOGI COLLEGE ROAD, GOKAK, TQ. GOKAK, DIST. BELAGAVI-591307. (BY SRI. PRASAD PATIL, ADVOCATE)

…PETITIONER

AND:

MANJANNA

Digitally signed by MANJANNA E Date: 2025.01.24 13:01:11 +0530

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SMT. SONIYA W/O. CHIDANAND MASARGUPPI, AGE. 25 YEARS, OCC. STUDENT/NOW NIL, R/O.C/O. SHRIMANT MAYANNAVAR, BLOCK NO.27/312, K.S.R.P POLICE QUARTERS, 2^ND DIVISON, MACHHE, TQ & DIST. BELAGAVI – 590014.

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…RESPONDENT THIS RPFC IS FILED UNDER SECTION 19(4) OF THE FAMILY COURT ACT, PRAYING TO CALL FOR RECORDS, AND ALLOW THE PETITION BY AWARDING A MAINTENANCE OF RS.5000/- PER MONTH TO THE RESPONDENT BY MODIFYING THE IMPUGNED ORDER DATED 29.11.2024, PASSED BY THE LEARNED PRINCIPAL JUDGE, FAMILY COURT, BELAGAVI IN CRIMINAL MISCELLANEOUS NO.67/2022 IN INTEREST OF JUSTICE AND EQUITY.

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THIS PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:

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2 - NC: 2025:KHC-D:1130 RPFC No. 100001 of 2025

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CORAM: THE HON'BLE MR. JUSTICE E.S.INDIRESH

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ORAL ORDER

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Heard the learned counsel for the petitioner.

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This petition is filed by the respondent in

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Crl.Misc.No.67/2022 challenging the order dated 29.11.2024 on the file of the Principal Judge, Family Court, Belagavi¹ granting maintenance of Rs.25,000/- per month to the respondent herein.

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For the sake of convenience, the parties are

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referred to as per their ranking before the Family Court.

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It is the case of the petitioner before the Family

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Court that the petitioner married respondent (husband) on 29.07.2021 at Hidkal Dam, Hukkeri Taluk, Belagavi District and thereafter the petitioner (wife) was ill-treated by the family members of the respondent and as such the petitioner was constrained to leave the matrimonial home and reside along with her parents and therefore the

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1 Hereinafter referred to as ‘Family Court’

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3 - NC: 2025:KHC-D:1130 RPFC No. 100001 of 2025

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petitioner has filed Crl.Misc.No.67/2022 seeking

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maintenance.

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On service of notice, the respondent entered appearance and filed detailed statement of objection stating that the respondent is working as Assistant Professor in JSS College having salary of Rs.72,000/- per month however, he has to pay EMI of Rs.37,700/- towards the loan availed by him and also to pay Rs.53,000/- per year towards LIC premium and accordingly the respondent sought for dismissal of the petition.

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The Family Court after considering the material on record, by order dated 29.11.2024 granted maintenance of Rs.25,000/- per month to the petitioner (wife). Hence, this petition is filed by the respondent (husband). It is contended by the learned counsel appearing for the petitioner that the petitioner has to pay Rs.53,000/- per year towards LIC premium and has availed loan and has to pay EMI of Rs.37,700/- per month and accordingly sought for interference of this Court.

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4 - NC: 2025:KHC-D:1130 RPFC No. 100001 of 2025

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7. Having taken note of the finding recorded by

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the Family Court, as the petitioner herein himself has admitted in the statement of objection that he has to pay Rs.53,000/- per year towards LIC premium and also EMI of Rs.37,700/- per month and therefore the said fact would makes it clear that the petitioner herein, being an Assistant Professor working at JSS College is capable of making payment of Rs.25,000/- per month to the respondent - wife. It is also to be noted that the livelihood of the respondent herein is to be taken into consideration with the status of the petitioner herein and therefore taking into consideration the finding recorded by the Family Court at para Nos.15 and 16 of the impugned order, I do not find any acceptable ground to interfere with the impugned order.

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Hence, the petition is dismissed.

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Sd/(E.S.INDIRESH) JUDGE

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SH CT:ANB List No.: 1 Sl No.: 38

Shri Chidanand S/O Apparai Masarguppi v. Smt Soniya W/O Chidanand Masarguppi

Case brief

What is this about?

What did the court decide?

Shri Chidanand S/O Apparai Masarguppi v. Smt Soniya W/O Chidanand Masarguppi

Case brief

What is this about?

What did the court decide?

What the court decided

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