Shri Saifullah S/O Sayyad Abdulrahman Vs Smt Tehseen W/O Saifullah Farooqi

SHRI. SAIFULLAH S/O. SAYYAD ABDULRAHMAN, AGE. 46 YEARS, OCC. AUTO RICKSHAW DRIVER, R/O. HOUSE NO. 971, 3^RD CROSS, LAXMI NAGAR, NEAR MADEENA MASJID, KAKAKATI, TQ. AND DIST. BELAGAVI 591113.

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…PETITIONER

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(BY SRI. R. H. ANGADI, ADVOCATE)

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AND:

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V N BADIGER

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Digitally signed by V N BADIGER Location: High Court of Karnataka, Dharwad Bench Date: 2025.02.11 16:17:42 +0530

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SMT. TEHSEEN W/O. SAIFULLAH FAROOQI (D/O MOHD. NAYEEM BARKAATULLA KHAN), AGE. 37 YEARS, OCC. HOUSEHOLD WORK,

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ABDULLA S/O. SAIFULLAH FAROOQI, AGE. 15 YEARS, OCC. STUDENT,

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AHMADULLA S/O. SAIFULLAH FAROOQI AGE. 12 YEARS, OCC. STUDENT,

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ASADULLA S/O SAIFULLA FAROOQI AGE. 08 YEARS, OCC. STUDENT,

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(RESPONDENT NO.2 TO 4 BEING MINORS ARE

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NC: 2025:KHC-D:2305 RPFC No. 100042 of 2024 C/W RPFC No. 100072 of 2024

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R/BY THEIR NEXT FRIEND/ MOTHER I.E., RESPONDENT NO.1 15/B, R.S.NO.1042/5, MANNAT COLONY, BEHIND INDIAN OIL PETROL PUMP, MAHANTESH NAGAR, BELAGAVI. ALL ARE R/O. C/O. MOHD. NAYEEM BARKAATULLA KHAN, 3^RD CROSS, LAXMI NAGAR, NER MADEENA MASJID, KAKAKATI, TQ. AND DIST. BELAGAVI 591113.

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…RESPONDENTS

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(BY SRI.SANJAY S. KATAGERI, ADVOCATE FOR R1)

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THIS RPFC IS FILED UNDER SEC.19(4) OF THE FAMILY COURT ACT, PRAYING TO KINDLY SET ASIDE THE IMPUGNED ORDER IN CRIMINAL MISCELLANEOUS NO. 467/2018, DATED 21.12.2023, BY THE PRINCIPAL JUDGE, FAMILY COURT, BELAGAVI AND CONSEQUENTLY DISMISS THE PETITION FILED BY RESPONDENT NO. 1 TO 4, BY ALLOWING THIS PETITION, TO MEET THE ENDS OF JUSTICE.

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IN RPFC NO.100072/2024 BETWEEN:

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SMT. TEHSEEN W/O SAIFULLAH FAROOQUI AGE. 37 YEARS, OCC. HOUSEHOLD WORK,

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ABDULLA S/O SAIFULLAH FAROOQUI AGE. 15 YEARS, OCC. STUDENT,

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AHMADULLA S/O SAIFULLAH FAROOQUI AGE. 12 YEARS, OCC. STUDENT,

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ASADULLA S/O SAIFULLAH FAROOQUI AGE. 8 YEARS, OCC. STUDENT, ALL THE PETITIONERS ARE RESIDING AT

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NC: 2025:KHC-D:2305 RPFC No. 100042 of 2024 C/W RPFC No. 100072 of 2024

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R/O. PLOT NO.158/B, R.S.NO.1042/5, MANNAT COLONY, BEHIND INDIAN OIL PETROL PUMP, MAHANTESH NAGAR, BELAGAVI PIN CODE - 590016.

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(PETITIONER NO.2 TO 4 BEING MINORS ARE REPRESENTED BY THEIR NATURAL MOTHER PETITIONER NO.1 HEREIN)

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…PETITIONERS

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(BY SRI. SANJAY S KATAGERI, ADVOCATE)

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AND:

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MR SAIFULLAH S/O. SAYYAD ABDULRAHMAN FAROOQUI, AGE. 46 YEARS, OCC. BUSINESS AND AUTO RICKSHAW DRIVER, R/O.H.NO.971, 3^RD CROSS, LAXMI NAGAR, NEAR MADINA MASJID KAKATI BELAGAVI PIN CODE. 591113

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…RESPONDENT

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(BY SRI. R.H. ANGADI, ADVOCATE)

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THIS RPFC IS FILED UNDER SEC.19(4) OF THE FAMILY COURT ACT, 1984, PRAYS TO THIS HON’BLE COURT, THAT THE IMPUGNED ORDER DATED 21.12.2023 PASSED IN CRIMINAL MISCELLANEOUS NO.467/2018, BY THE LEARNED PRINCIPAL JUDGE, FAMILY COURT, BELAGAVI, WHEREIN THE SAID CRIMINAL MISC. PETITION FILED BY THE PETITIONERS IS PARTLY ALLOWED, BE KINDLY MODIFIED BY ENHANCING THE SAID MAINTENANCE AMOUNT FROM Rs.14,000/PER MONTH TO THE PETITIONERS TO Rs.40,000/- PER MONTH FROM THE DATE OF SAID PETITION, DIRECTING THE RESPONDENT TO PAY THE SAME WITH INTEREST AT THE RATE OF 6 PERCENT PER ANNUM, TILL ITS REALIZATION, BY ALLOWING THIS REVISION PETITION FAMILY COURT, WITH COSTS, 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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NC: 2025:KHC-D:2305 RPFC No. 100042 of 2024 C/W RPFC No. 100072 of 2024

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

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ORAL ORDER

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Challenging the order dated 21.12.2023 in

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Crl.Misc.No.467/2018 passed by the Principal Judge, Family Court Belagavi (for short “the Family Court”) the respondenthusband in Crl.Misc.No.467/ 2018 has filed RPFC No.100042/ 2024 granting maintenance by the Family Court and the petitioners/wife and children in Crl.Misc.No.467/2018 have filed RPFC No.100072/2024 seeking enhancement of maintenance.

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The parties are referred to as per their rank before the Family Court.

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It is the case of the petitioners that the marriage of petitioner No.1 with respondent was solemnized on 07.01.2008 at Kakati village and in their wedlock, three children (petitioner No.2 to 4) were born. It is the case of the petitioner-wife that the respondent-husband was not taking care of the needs of the family and also not providing food and medicines, regularly to the petitioner No.1-wife as well as to the children.

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3.1. It is also stated in the petition that, the respondent-

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husband was harassing petitioner No.1 and as such, the

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5 - NC: 2025:KHC-D:2305 RPFC No. 100042 of 2024 C/W RPFC No. 100072 of 2024

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petitioner No.1 along which her children left the matrimonial home on 18.02.2018 as the respondent-husband has assaulted petitioner No.1 and in this regard she lodged a complaint in Women Police Station for the offence punishable under Section 498-A, 323 and 504 of IPC and proceedings is pending consideration before the JMFC-II, Belagavi. Hence, the petitioners filed Crl.Misc.No.467/2018 seeking monthly maintenance from the respondent.

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3.2. On service of notice, respondent-husband entered appearance and filed statement of objections admitting the relationship with the petitioners, however, has taken a specific contention that the petitioner-wife herself has left the matrimonial home without any cause and accordingly sought for dismissal of the petition.

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3.3. The Family Court, after considering the material on record, by its order dated 21.012.2023 awarded monthly maintenance of Rs.8,000/to petitioner No.1-wife and Rs.2,000/- each to petitioner No.2 to 4/children. Being aggrieved by the same, these revision petitions are filed.

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6 - NC: 2025:KHC-D:2305 RPFC No. 100042 of 2024 C/W RPFC No. 100072 of 2024

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I have heard Sri.R.H.Angadi, learned counsel appearing for the petitioner in RPFC No.100042/2024 and Sri.Sanjay S Katageri, learned counsel appearing for the petitioner in RPFC No.100072/2024.

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Sri. R. H. Angadi, learned counsel submits that the respondent-husband is an auto driver and having no means to provide maintenance awarded by the Family Court. Accordingly, sought for interference of this Court.

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Sri.Sanjay S Katageri, learned counsel submits that the petitioner No.1-wife has to take care of three children aged 9 years, 6 years and 2 years and therefore, the enhancement is required in this petition.

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In the light of the submissions made by the learned counsel appearing for the parties, I have carefully examined the finding recorded by the Family Court taking into consideration the fact that the marriage between the petitioner No.1 and respondent was solemnized on 07.01.2008 and in their wedlock three children i.e. petitioner No.2 to 4 were born. It is also forthcoming from the finding recorded by the Family Court that the parties are residing separately. Taking into

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7 - NC: 2025:KHC-D:2305 RPFC No. 100042 of 2024 C/W RPFC No. 100072 of 2024

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consideration that the petitioner No.1-wife has to take care of herself and her three children, the award of maintenance by the Family Court is just and proper and same does not require any interference in this petition. Insofar as submission made by the learned counsel appearing for the petitioners in RPFC No.100072/2024 is concerned, it is forthcoming from the finding recorded by the Family Court that the respondenthusband is an auto driver and taking into consideration the financial status of the parties, I am of the view that the quantification of the maintenance by the Family Court is just and proper and impugned order does not call for any interference by this Court. Accordingly, both the revision petitions are dismissed.

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In view of disposal of the petitions, pending interlocutory applications, if any, do not survive for consideration and are disposed of accordingly.

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Sd/(E.S.INDIRESH) JUDGE

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YAN CT:ANB List No.: 1 Sl No.: 15

Shri Saifullah S/O Sayyad Abdulrahman v. Smt Tehseen W/O Saifullah Farooqi

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Shri Saifullah S/O Sayyad Abdulrahman v. Smt Tehseen W/O Saifullah Farooqi

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