Partly allowed¶51

Smt. Anita W/O Mallappa Meti v. Sri. Mallappa S/O Chandappa Meti

Karnataka HC4 Feb 2025RPFC/100110/2024

Case brief

AI extract

What is this about?

Maintenance enhancement; revision under S.19(4) Family Court Act 1984; RPFC Dharwad; KSRTC servant salary certificate Rs.26,145; escalation of price and basic necessity; Bagalkote Family Court Crl.Misc.No.111/2019; wife granted Rs.10,000 per month; husband's challenge dismissed; amount in deposit transmitted to Family Court.

What did the court decide?

Monthly maintenance of the petitioner-wife enhanced from Rs.8,000/- to Rs.10,000/- payable by the respondent-husband; revision petition of the respondent-husband (RPFC No.100216/2023) dismissed; amount in deposit, if any, before this Court to be transmitted to the Family Court forthwith. ¶51

Smt. Anita W/O Mallappa Meti Vs Sri. Mallappa S/O Chandappa Meti — Karnataka HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the maintenance of Rs.8,000/- per month awarded by the Family Court is excessive and the order dated 27.10.2023 liable to be set aside (challenge by respondent-husband in RPFC No.100216/2023). +1 more

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Court's answer

RPFC No. 100216 of 2023 filed by the respondent-husband challenging the Family Court's maintenance award is dismissed.

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Ratio / Principle

It is not in dispute with regard to the relationship between the parties, and the finding recorded by the Family Court indicates that the parties are residing separately.

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Key takeaways

The salary certificate produced by the respondent-husband is for the month of August 2022, showing a Net Salary of Rs.26,145/-.ratio¶51
Taking into consideration the escalation of price and the basic necessity to be provided to the petitioner-wife, she is entitled to Rs.10,000/- per month as maintenance from the respondent-husband.ratio¶51
RPFC No.100110 of 2024 filed by the petitioner-wife seeking enhancement of maintenance is allowed in part.

Detailed headnote1 paragraphs

Karnataka High Court, Dharwad Bench (E.S. Indiresh, J.), 04-02-2025: Maintenance — Cross revisions under Sec.19(4) of the Family Court Act, 1984 arising out of order dated 27.10.2023 of the Principal Judge, Family Court, Bagalkote in Crl.Misc.No.111/2019 (old Crl.Misc.No.269/2019) awarding Rs.8,000/- per month to the wife — Relationship between the parties not in dispute; parties residing separately — Respondent-husband's net salary Rs.26,145/- (August 2022 salary certificate) — Taking into consideration escalation of price and basic necessities, wife held entitled to Rs.10,000/- per month — Husband's revision dismissed; wife's revision for enhancement allowed in part — Amount in deposit, if any, to be transmitted to the Family Court forthwith.

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NC: 2025:KHC-D:2584 RPFC No. 100216 of 2023 C/W RPFC No. 100110 of 2024

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IN THE HIGH COURT OF KARNATAKA,

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DHARWAD BENCH DATED THIS THE 4^TH DAY OF FEBRUARY, 2025

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BEFORE

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

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REV.PET FAMILY COURT NO. 100216 OF 2023 (-) C/W REV.PET FAMILY COURT NO. 100110 OF 2024

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IN RPFC NO.100216/2023 BETWEEN:

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SRI. MALLAPPA S/O. CHANDAPPA METI, AGED ABOUT 38 YEARS, OCCUPATION: KSRTC SERVANT, RESIDING AT BENAL R.C. TALUK: B. BAGEWADI DISTRICT: VIJAYAPUR – 586203.

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…PETITIONER

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(BY SRI. B.J.KRISHNA AND SRI. DAITAPPA N.M, ADVOCATES)

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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 16:18:22 +0530

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SMT. ANITA W/O. MALLAPPA METI, AGED ABOUT 30 YEARS, RESIDING AT BENAL R. C, TALUK: B. BAGEWADI DISTRICT: VIJAYAPUR – 586203.

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NOW RESIDING AT DAMANAL, TALUK AND DISTRICT: BAGALKOTE.

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…RESPONDENT

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(BY SRI. NEELENDRA D. GUNDE AND SRI. HANUMESH M. DESAI, ADVOCATES)

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2 - NC: 2025:KHC-D:2584 RPFC No. 100216 of 2023 C/W RPFC No. 100110 of 2024

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THIS RPFC IS FILED UNDER SEC.19(4) OF THE FAMILY COURT ACT, 1984, PRAYING TO CALL FOR LCR AND ALLOW THE PETITION AND SET ASIDE THE ORDER PASSED BY THE PRL. JUDGE, FAMILY JUDGE, BAGALKOTE IN CRL.MISC.NO.111/2019 (OLD CRL.MISC.NO.269/2019), DATED 27.10.2023 VIDE ANNEXURE-A.

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IN RPFC NO.100110/2024

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BETWEEN:

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SMT. ANITA W/O. MALLAPPA METI, AGE. 26 YEARS, OCC. NILL, R/O. BENAL R. C, TQ. B.BAGEWADI, NOW RESIDING AT DAMNANAL, TQ. AND DIST. BAGALKOT -587101.

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...PETITIONER

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(BY SRI. NEELENDRA.D.GUNDE, ADVOCATE)

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AND:

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SRI. MALLAPPA S/O. CHANDAPPA METI, AGE. 34 YEARS, OCC. KSRTC SERVANT, R/O. BENAL R.C, TQ. B.BAGEWADI, DIST. VIJAYAPUR – 586203.

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….RESPONDENT

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(BY SRI.B.J. KRISHNA AND SRI. DAITAPPA N.M, ADVOCATES)

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THIS RPFC IS FILED UNDER SECTION 19(4) OF THE FAMILY COURTS ACT, PRAYING TO CALL FOR THE RELEVANT RECORDS AND SET-ASIDE THE ORDER DATED 27.10.2023 PASSED BY THE PRINCIPAL JUDGE, FAMILY COURT, BAGALKOTE IN CRL.MISC.NO.111/2019 THEREBY AWARDING MEAGER MAINTENANCE OF RS.8000/- TO PETITIONER AND CONSEQUENTLY DIRECT THE RESPONDENT TO PAY MAINTENANCE AS PRAYED BEFORE THE COURT BELOW, IN THE INTEREST OF JUSTICE AND EQUITY.

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

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

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3 - NC: 2025:KHC-D:2584 RPFC No. 100216 of 2023 C/W RPFC No. 100110 of 2024

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ORAL ORDER

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These petitions are arising out of the order dated 27.10.2023 in Clr.Misc.No.111 of 2019 (old Clr.Misc.No.269 of 2019) on the file of Principal Judge, Family Court, Bagalkot, awarding maintenance to the petitioner therein.

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For the sake of convenience, the parties in this petition shall be referred to in terms of their status and ranking before the Family Court.

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It is the case of the petitioner that, the marriage between the petitioner and the respondent was solemnized at B.Bagewadi Taluk, Belgaum District and thereafter, the petitioner was staying with the respondent for sometime at matrimonial home, however, on repeated harassment meet out by the petitioner regarding dowry and as such, the petitioner has left the matrimonial home and residing with her parents. Hence, the petitioner has filed Clr.Misc.No.

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4 - NC: 2025:KHC-D:2584 RPFC No. 100216 of 2023 C/W RPFC No. 100110 of 2024

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111 of 2019, seeking maintenance from respondenthusband.

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After receipt of notice, respondent entered appearance and filed objections denying the averments made in the petition and took up a specific contention that, petitioner has left the matrimonial home without any cause and accordingly, sought for dismissal of the petition.

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The Family Court, after considering the material on record, by its order dated 27.10.2023, awarded maintenance of Rs.8,000/- to the petitioner. Feeling aggrieved by the same, the respondenthusband has preferred RPFC No.100216 of 2023 challenging the impugned order passed by the Family Court and RPFC No.100110 of 2024 is filed by the petitioner-wife seeking enhancement of maintenance.

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5 - NC: 2025:KHC-D:2584 RPFC No. 100216 of 2023 C/W RPFC No. 100110 of 2024

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I have heard Sri. Neelendra D. Gunde,

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learned counsel for the petitioner-wife and Sri. B. J. Krishna, learned counsel for the respondent-husband.

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Sri. Neelendra D. Gunde, learned counsel appearing for the petitioner-wife argued that, respondent-husband is working as Conductor and drawing salary of Rs.26,145/- as per Salary Certificate produced at Ex.P1 and also the petitioner is having immovable properties as per Exs.P2 to P5. Accordingly, he sought for interference this court.

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Per contra, Sri. B.J.Krishna, learned counsel appearing for the respondent-husband contended that, the award of maintenance by the Family Court is on the higher side and the RTC extracts produced by the petitioner-wife belongs to the joint family property and therefore, sought for interference of this Court

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6 - NC: 2025:KHC-D:2584 RPFC No. 100216 of 2023 C/W RPFC No. 100110 of 2024

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9. 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 parties are residing separately. The Family Court having taken note of the material on record, has granted maintenance of Rs.8,000/- per month to the petitioner-wife. It is also to be noted that, the salary certificate produced by the respondent–husband is for the month of August 2022, wherein the Net Salary is shown as Rs.26,145/- and therefore, taking into consideration the escalation of price and basic necessity to be provided to the petitioner-wife, I am of the opinion that, the petitioner-wife is entitle for Rs.10,000/- per month as maintenance from the respondent-husband. With these observations, RPFC No. 100216 of 2023 filed by the respondent-husband is dismissed and RPFC No.100110 of 2024 filed by

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NC: 2025:KHC-D:2584 RPFC No. 100216 of 2023 C/W RPFC No. 100110 of 2024

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the petitioner-wife is allowed in part . Amount in

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deposit, if any, before this court be transmitted to the

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Family Court, forthwith.

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Sd/(E.S.INDIRESH) JUDGE

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