Sri Fatesh Ahmed S/O Abdul Shukur Kakar Alias Haliyalkar Vs Smt. Akhtar Khanum W/O Fateh Ahmed Kakar Alias Haliyalkar

SRI. FATESH AHMED S/O. ABDUL SHUKUR KAKAR @ HALIYALKAR, AGE. 58 YEARS, OCC. FDA IN PHC, R/O. TIPPU SULTAN NAGAR, PEERANAWADI, BELAGAVI -590014, DIST. BELAGAVI.

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…PETITIONER

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(BY SRI. PRASHANT S. KADADEVAR, 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: 2025.02.06 11:30:53 +0530

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SMT. AKHTAR KHANUM W/O. FATEH AHMED KAKAR @ HALIYALKAR, AGE. 48 YEARS, OCC. HOUSEHOLD WORK R/O. GANDHI NAGAR, DHARWAD -580004, DIST. DHARWAD. (BY SRI D.M. MALLI, ADVOCATE)

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…RESPONDENT

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THIS RPFC IS FILED UNDER SEC.19(4) OF THE FAMILY COURT ACT, 1984, PRAYING TO CALL FOR THE TRIAL COURT RECORDS AND SET ASIDE THE IMPUGNED JUDGMENT DATED 15.11.2021, IN CRL.MISC. NO.331/2019, ON THE FILE OF THE PRINCIPAL JUDGE, FAMILY COURT, DHARWAD, AT. DHARWAD, IN THE INTEREST OF JUSTICE AND EQUITY.

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THIS PETITION, COMING ON FOR HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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NC: 2025:KHC-D:2154 RPFC No. 100048 of 2022

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ORAL ORDER

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(PER: THE HON'BLE MR. JUSTICE E.S.INDIRESH)

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This petition is filed by respondent – husband in Crl.Misc.No.331/2019 challenging the order dated

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15.11.2021 on the file of Principal Judge, Family Court, Dharwad¹ , awarding maintenance to the respondent herein.

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For the sake of convenience, the parties are referred to as per their ranking before the Family Court.

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It is the case of the petitioner that marriage

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between the petitioner and respondent was solemnized and thereafter there is rift in the family and as such, the petitioner left the matrimonial home. The petitioner has filed Crl.Misc.No.246/2019 and the Family Court awarded maintenance of Rs.4,000/- per month to the petitioner. Thereafter, the petitioner has filed an application under Section 127 of Cr.P.C. seeking enhancement of

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1 Hereinafter referred to as ‘Family Court’

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NC: 2025:KHC-D:2154 RPFC No. 100048 of 2022

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maintenance on the ground that the petitioner is suffering

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from health problem and needs medical assistance.

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On service of notice, the respondent – husband

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entered appearance and submitted that the petitioner is having agricultural lands worth more than Rs.4 lakhs and having regular income from the agricultural proceeds and as such sought for dismissal of the petition.

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The Family Court after considering the material on record, by its order dated 15.11.2021, allowed the petition in part and awarded maintenance of Rs.7,000/per month to the petitioner. Feeling aggrieved by the same, respondent – husband has preferred this petition.

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I have heard Sri.Prashant S Kadadevar, learned

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counsel appearing for the petitioner and Sri.D.M.Malli, learned counsel appearing for the respondent.

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Sri.Prashant S Kadadevar, learned counsel

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appearing for the petitioner argued that the Court below

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4 - NC: 2025:KHC-D:2154 RPFC No. 100048 of 2022

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has failed to consider the fact that fair opportunity was not extended to the petitioner herein to cross-examine PW.1 and further the petitioner – wife is having regular income of more than Rs.4 lakhs per annum and therefore sought for interference of this Court.

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Per contra, Sri.D.M.Malli, learned counsel appearing for the respondent sought to justify the impugned order.

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In the light of the submission made by the learned counsel for the parties, the petition is filed by the petitioner under section 127 of Cr.P.C. seeking enhancement of maintenance. The competent Court in Crl.Misc.No.246/2019 awarded Rs.4,000/- per month. The Family Court after considering the material on record, arrived at a conclusion that, as the petitioner herein is working as FDA in Primary Health Centre and accordingly taking into consideration the basic needs of the petitioner

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