- 1 - NC: 2025:KHC-D:1130 RPFC No. 100001 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 21ST DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH REV.PET FAMILY COURT NO. 100001 OF 2025 (-) BETWEEN: SHRI. CHIDANAND S/O. APPARAI MASARGUPPI, AGE. 39 YEARS, OCC. ASST. PROFESSOR, R/O.C/O. V G SIDDAPURMATH, DURGA DEVI EXTN, BEHIND GOKAL RESORT, 2ND CROSS, YOGI COLLEGE ROAD, GOKAK, TQ. GOKAK, DIST. BELAGAVI-591307. …PETITIONER (BY SRI. PRASAD PATIL, ADVOCATE) AND: SMT. SONIYA W/O. CHIDANAND MASARGUPPI, AGE. 25 YEARS, OCC. STUDENT/NOW NIL, R/O.C/O. SHRIMANT MAYANNAVAR, BLOCK NO.27/312, K.S.R.P POLICE QUARTERS, 2ND DIVISON, MACHHE, TQ & DIST. BELAGAVI – 590014. …RESPONDENT THIS RPFC IS FILED UNDER SECTION 19(4) OF THE FAMILY COURT ACT, PRAYING TO CALL FOR RECORDS, AND ALLOW THE PETITION BY AWARDING A MAINTENANCE OF RS.5000/- PER MONTH TO THE RESPONDENT BY MODIFYING THE IMPUGNED ORDER DATED 29.11.2024, PASSED BY THE LEARNED PRINCIPAL JUDGE, FAMILY COURT, BELAGAVI IN CRIMINAL MISCELLANEOUS NO.67/2022 IN INTEREST OF JUSTICE AND EQUITY. THIS PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING: MANJANNA E Digitally signed by MANJANNA E Date: 2025.01.24 13:01:11 +0530 - 2 - NC: 2025:KHC-D:1130 RPFC No. 100001 of 2025 CORAM: THE HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER 1. Heard the learned counsel for the petitioner. 2. This petition is filed by the respondent in Crl.Misc.No.67/2022 challenging the order dated 29.11.2024 on the file of the Principal Judge, Family Court, Belagavi1 granting maintenance of Rs.25,000/- per month to the respondent herein. 3. For the sake of convenience, the parties are referred to as per their ranking before the Family Court. 4. It is the case of the petitioner before the Family Court that the petitioner married respondent (husband) on 29.07.2021 at Hidkal Dam, Hukkeri Taluk, Belagavi District and thereafter the petitioner (wife) was ill-treated by the family members of the respondent and as such the petitioner was constrained to leave the matrimonial home and reside along with her parents and therefore the 1 Hereinafter referred to as ‘Family Court’ - 3 - NC: 2025:KHC-D:1130 RPFC No. 100001 of 2025 petitioner has filed Crl.Misc.No.67/2022 seeking maintenance. 5. On service of notice, the respondent entered appearance and filed detailed statement of objection stating that the respondent is working as Assistant Professor in JSS College having salary of Rs.72,000/- per month however, he has to pay EMI of Rs.37,700/- towards the loan availed by him and also to pay Rs.53,000/- per year towards LIC premium and accordingly the respondent sought for dismissal of the petition. 6. The Family Court after considering the material on record, by order dated 29.11.2024 granted maintenance of Rs.25,000/- per month to the petitioner (wife). Hence, this petition is filed by the respondent (husband). It is contended by the learned counsel appearing for the petitioner that the petitioner has to pay Rs.53,000/- per year towards LIC premium and has availed loan and has to pay EMI of Rs.37,700/- per month and accordingly sought for interference of this Court. - 4 - NC: 2025:KHC-D:1130 RPFC No. 100001 of 2025 7. Having taken note of the finding recorded by the Family Court, as the petitioner herein himself has admitted in the statement of objection that he has to pay Rs.53,000/- per year towards LIC premium and also EMI of Rs.37,700/- per month and therefore the said fact would makes it clear that the petitioner herein, being an Assistant Professor working at JSS College is capable of making payment of Rs.25,000/- per month to the respondent - wife. It is also to be noted that the livelihood of the respondent herein is to be taken into consideration with the status of the petitioner herein and therefore taking into consideration the finding recorded by the Family Court at para Nos.15 and 16 of the impugned order, I do not find any acceptable ground to interfere with the impugned order. 8. Hence, the petition is dismissed. Sd/- (E.S.INDIRESH) JUDGE SH CT:ANB List No.: 1 Sl No.: 38