Sri Raju S/O Krishna Nilajkar v. Sdmt Pooja W/O Raju Nilajkar
Case brief
What is this about?
RPFC No.100061 of 2024, High Court of Karnataka, Dharwad Bench; oral order dated 08 January 2025 by Justice E.S. Indiresh. Petitioner: Sri Raju s/o Krishna Nilajkar, 43, ex-serviceman/agriculture, Belagavi (counsel: Sri Harish S. Maigur); Respondents: Smt. Pooja w/o Raju Nilajkar (wife) and Kumari Samrudhi d/o Raju Nilajkar, 11, minor student represented by her mother (counsel: Sri S.R. Hiremath and Sri Manoj N. Bikkannavar). Filed under Section 19(4) of the Family Courts Act, 1984 against the order dated 01.04.2024 of the I Additional Principal Judge, Family Court, Belagavi in Criminal Miscellaneous No.314 of 2021 under Section 125 of the Code of Criminal Procedure, which partly allowed maintenance: Rs.8,000/- per month to the wife and Rs.4,000/- per month to the daughter (PW1 marked Exhibits P1–P32; RW1 husband, no documents). Husband's grounds: pension Rs.14,700/- per month, Rs.5,000/- per month paid to his father, care of aged mother and male child; daughter suffers kidney ailment per respondents. Court relied on Dwarika Prasad Satpathy v. Bidyut Prava Dixit (AIR 1999 SC 3348), Rajathi v. C. Ganesan (AIR 1999 SC 2374) and Bhuvan Mohan Singh v. Meena ((2015) 6 SCC 353) — maintenance to wife and children is for sustenance. Result: revision petition dismissed; deposit, if any, to be released to respondent No.1-wife after due identification.