G. Gangadhara S/O. Late Gourappa Vs Smt. M. Manjuladevi W/O. G. Gangadhara

GOVERNMENT LOWER PRIMARY SCHOOL, SOMAGUDDI ROAD, SIGAHTANAHALLI CHELLIKERE TALUKA, CHTRADURGA DISTRICT. NOW: R/O. VALMIKI NAGAR, CHALLAKERE, DIST. CHITRADURGA-577522.

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…PETITIONER

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MANJANNA E

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Digitally signed byMANJANNA E Location: High Court ofKarnataka, Dharwad BenchDate: 2025.02.01 11:43:01+0530

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(BY SMT. RESHMA MADIWALAR, ADV. FOR SRI. T.HANUMAREDDY, ADVOCATE)

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AND:

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SMT. M. MANJULADEVI W/O. G. GANGADHARA, AGE. 43 YEARS, OCC. HOUSE WIFE AND TAILORING,

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KUMARI. P. G. KAVYA D/O. G. GANGADHARA AGE. 22 YEARS, OCC. STUDENT, BOTH ARE R/O. PLOT NO.03,

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2 - NC: 2025:KHC-D:1025 RPFC No. 100011 of 2022 C/W RPFC No. 100110 of 2023

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NEAR KUMARSWAMY TEMPLE, SANJAY GANDHI NAGAR, BALLARI-583101.

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…RESPONDENTS

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(BY SMT. SHAILA BELLIKATTI, ADVOCATE)

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THIS RPFC IS FILED UNDER SECTION 19(4) OF THE FAMILY COURT ACT, PRAYING TO CALL FOR RECORDS ON THE FILE OF LEARNED PRINCIPAL JUDGE, FAMILY COURT BALLARI IN CRL.MISC.NO.293/2018 DATED 28.09.2021 AND MODIFY THE ORDER OF LEARNED PRINCIPAL JUDGE, FAMILY COURT, BALLARI IN CRL.MISC.NO.293/2018 DATED 28.09.2021 AND REDUCE THE MAINTENANCE AND TO AWARD SUM OF RS.2,500/- AND RS.2,750/RESPECTIVELY.

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IN RPFC NO.100110/2023 BETWEEN:

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SMT. M. MANJULADEVI W/O. G. GANGADHARA, AGE: 45 YEARS, HOUSEWIFE.

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KUMARI P.G. KAVYA D/O. G. GANGADHARA, AGE: 23 YEARS, STUDENT

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MASTER PG RAJASHEKAR S/O. G. GANGADHAR, AGE: 23 YEARS, STUDENT ALL ARE R/O PLOT NO. 03, NEAR KUMARA SWAMY TEMPLE, SANJAY GANDHI NAGAR, BALLARI – 583101.

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…PETITIONERS

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(BY SMT. SHAILA BELLIKATTI, ADVOCATE)

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AND:

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G. GANGADHARA S/O. LATE GOURAPPA, AGE: 58 YEARS, OCC: TEACHER GOVERNMENT LOWER PRIMARY SCHOOL, SOMAGUDDI ROAD, SIGATHANAHALLI, CHELLAKERE, DIST: CHITRADURGA – 577522.

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…RESPONDENT

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(BY SMT. RESHMA MADIWALAR, ADV. FOR SRI. T.HANUMAREDDY, ADVOCATE)

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THIS RPFC IS FILED U/S 19 (4) OF THE FAMILY COURT ACT., PRAYING TO CALL FOR RECORDS ON THE FILE OF LEARNED PRINCIPAL JUDGE, FAMILY COURT, BALLARI IN CRI. MISC. NO.293/2018 AND SET ASIDE THE DISMISSAL ORDER OF THE PETITION OF THE PETITIONER NO.3 AND BE PLEASED TO AWARD MAINTENANCE TILL HE OBTAIN JOB IN THE INTEREST OF JUSTICE AND EQUITY.

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

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

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4 - NC: 2025:KHC-D:1025 RPFC No. 100011 of 2022 C/W RPFC No. 100110 of 2023

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ORAL ORDER

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These petitions are arising out of the order dated 28.09.2021 in Crl.Misc.No.293 of 2018 on the file of Principal Judge, Family Court, Ballari, allowing the petition, filed under Section 127 of Cr.P.C, filed by the petitioners therein.

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For the sake of convenience, the parties are

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referred to their status and ranking before the Family Court.

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RPFC No.100011 of 2022 is filed by the respondent-husband against enhancement of compensation passed in Crl.Misc.No.293 of 2018 on the file of Principal Judge, Family Court, Ballari.

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RPFC No.100110 of 2023 is filed by the petitioners-wife and children, seeking enhancement of maintenance and also sought for setting aside the

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dismissal of claim petition in respect of petitioner No.3-son.

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It is the case of the petitioners that the petitioner No.1 is wife of respondent and petitioner Nos.2 and 3 are the children born to them. The petitioners have filed, Crl.Misc.No.22 of 2013 under Section 125 of Cr.P.C., seeking maintenance and the said petition was allowed and the Family Court has granted maintenance of Rs.5,000/- per month to petitioner No.1 and Rs.3,000/- each per month to the petitioners Nos.2 and 3. The said order was questioned before this court in RPFC No.100105 of 2014 and this court has modified the quantum of maintenance. Thereafter, the petitioners have preferred an application under Section 127 of Cr.P.C, seeking enhancement of maintenance in Crl.Misc.No.293 of 2018 and the said petition came to be allowed by the Family Court by order dated

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6 - NC: 2025:KHC-D:1025 RPFC No. 100011 of 2022 C/W RPFC No. 100110 of 2023

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28.09.2021, awarding maintenance to the petitioners

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at Rs.12,000/- per month. Feeling aggrieved by the

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same, the respondent-husband has preferred RPFC No.100011 of 2022, challenging the impugned order

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passed by the Family Court and being not satisfied with the quantum of maintenance awarded to the petitioners, the petitioners-wife and children have preferred RPFC No.100110 of 2023, seeking

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enhancement of maintenance.

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I have heard Smt. Shaila Belli, learned counsel appearing for the petitioners-wife and children and Smt. Reshma Madiwalar, learned counsel appearing for the respondent-husband.

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It is submitted by learned counsel appearing

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for the respondent-husband that, the enhancement of the maintenance by the Family court is without any basis and accordingly, sought for interference of this Court. It submitted that the take home salary of the

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respondent (husband) is Rs.25,400/- per month and the said aspect has not been considered by the Family

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court in right perspective. Accordingly, she sought for interference of this Court.

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On the other hand, Smt. Shaila Belli,

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learned counsel for the petitioners-wife and children, submitted that, the petitioner No.2 is studying and is an unmarried daughter and petitioners are residing at

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Ballari City. Therefore, the Family Court has committed an error in granting meager amount of maintenance and accordingly, sought for interference of this Court.

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Having heard the learned counsel appearing

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for the parties, it is not in dispute with regard to relationship between the parties. Perusal of the finding recorded by Family court would indicate that, the petitioners have filed Crl.Misc.No.22 of 2013 before the Family court and the Family court has awarded

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maintenance of Rs.5,000/- per month and Rs.3,000/per month to the petitioners and same was modified by this court in RPFC No.100105 of 2014. On the application made by the petitioners, seeking enhancement of maintenance under Section 127 of Cr.P.C., the Family court has awarded a global maintenance of Rs.12,000/- per month and there is no dispute that the petitioner No.2 is an unmarried daughter and pursuing her education. Taking into consideration the fact that, the petitioners are residing at Bellari city and award of maintenance of Rs.12,000/- by the Family court is required to be interfered with to assess the quantification of maintenance. Taking into consideration the means for livelihood that is required for the persons living in Bellari city as well as the respondent-husband is working a as Teacher in a Government School, that apart, the respondent-husband is owning a immovable

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property, I am of the opinion that, the petitioner Nos.1 and 2 are entitled for maintenance of

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Rs.12,000/- each per month as maintenance from the respondent-husband. With these observations, RPFC No.100110 of 2023 is allowed in part. RFPC No.100011 of 2022 is dismissed. The maintenance

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be paid from the date of the petition till realization.

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Pending applications, if any, stand dismissed.

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Sd/(E.S.INDIRESH) JUDGE

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SB CT:ANB

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List No.: 1 Sl No.: 21

G. Gangadhara S/O. Late Gourappa v. Smt. M. Manjuladevi W/O. G. Gangadhara

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G. Gangadhara S/O. Late Gourappa v. Smt. M. Manjuladevi W/O. G. Gangadhara

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