Babu Alias Sachin Ningappa Jayakar v. Smt Hemalata W/O Babu Alias Sachin Jayakar
Family Courts Act – S.19(4) revision – Maintenance under S.125 CrPC – Commencement date
Case brief
What is this about?
Single-judge revision decision (E.S. Indiresh J, High Court of Karnataka, Dharwad Bench, 08.01.2025) on (i) commencement of maintenance under Section 125 CrPC - payable from the date of filing of the petition, not from the date of the order; and (ii) quantum - Rs.20,000/- per month sustained against the husband's gross salary of Rs.56,778/- per month (Exhibit R1), the wife maintaining two minor children. Useful for arguments on arrears computation from the date of presentation of a maintenance petition and on reasonableness of quantum relative to salary. Statutes: Section 19(4) Family Courts Act; Section 125 CrPC. No precedents cited in the judgment.
What did the court decide?
Rev. Pet. Family Court No.100186 of 2023 allowed; Rev. Pet. Family Court No.100015 of 2024 dismissed; order dated 04.07.2023 in Criminal Miscellaneous No.502 of 2019 modified - respondent-husband to pay total maintenance of Rs.20,000/- per month from the date of filing of the petition under Section 125 CrPC instead of from the date of the order dated 04.07.2023.