SMT. SAMEERA ANJUM W/O MOHAMMED ISAQUE D/O MOHAMMED ISAQUE v. MOHAMMED SHAFI Y S/O ANSAR
RPFC/100008/2025 · 2025-03-19
E S Indiresh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 3263 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 3263 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC-D:5066 RPFC No. 100008 of 2025
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 19TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH REV.PET FAMILY COURT NO. 100008 OF 2025 (-) BETWEEN:
SMT. SAMEERA ANJUM W/O. MOHAMMED SHAFI. Y D/O. MOHAMMED ISAQUE, AGE: 31 YEARS, OCC: HOUSEWIFE, R/O. HOUSE NO.100, NEAR HASHMI MASJID, CMC COLONY, BELAGAL CROSS, BALLARI-583101. …PETITIONER (BY SMT. RANJITA G. ALAGAWADI, ADVOCATE) AND:
MOHAMMED SHAFI Y. S/O. ANSAR, AGE: 35 YEARS, OCC: RTO AGENT AT BALLARI, R/O. DOOR NO.A/86, WARD NO.28, GOLDSMITH COLONY, 2ND STAGE, NEAR EK MINAR MAJID, COWL BAZAR, BALLARI-583101. …RESPONDENT (RESPONDENT SERVED AND UNREPRESENTED)
THIS RPFC IS FILED UNDER SECTION 19(4) OF THE FAMILY COURT ACT, 1984 PRAYING TO ALLOW THIS PETITION BY GRANTING THE MAINTENANCE OF RS.60,000/- PER MONTH TO THE PETITIONER AS PRAYED BEFORE THE LEARNED PRINCIPAL JUDGE FAMILY COURT, BALLARI IN CRL.MISC.NO.149/2023 DATED 26.11.2024 IN THE INTEREST OF JUSTICE AND EQUITY.
THIS PETITION COMING ON FOR ADMISSION THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM:
THE HON'BLE MR. JUSTICE E.S.INDIRESH
Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.03.22 15:55:09 +0530
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NC: 2025:KHC-D:5066 RPFC No. 100008 of 2025
ORAL ORDER
This petition is filed by the petitioner in Criminal Miscellaneous No.149/2023, challenging the order dated 26.11.2024 on the file of Principal Judge, Family Court at Ballari (for short, hereinafter referred to as ‘Family Court’), seeking enhancement of maintenance.
2. For the sake of convenience, the parties are referred to as per their ranking before the Family Court.
3. It is the case of the petitioner that, the marriage of the petitioner with the respondent was solemnized on 26.08.2019 at Ballari and thereafter, she joined the matrimonial home pursuant to Nikah and Valima. It is also stated that, the respondent was not taking care of needs of the petitioner and the respondent and his family members were pressuring the petitioner to get additional dowry and in this regard the petitioner has lodged complaint in Crime No.78/2022 on the file of Women Police Station, Ballari. Hence, the petitioner has left the matrimonial home and residing separately from
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NC: 2025:KHC-D:5066 RPFC No. 100008 of 2025
the respondent and has filed Criminal Miscellaneous No.149/2023 seeking maintenance.
4. After service of notice, the respondent-husband entered appearance and filed detailed statement of objection denying the allegation made by the petitioner. It is the specific case of the respondent that, the petitioner being a BCA graduate has to earn for herself and further stated that he is working as Agent in RTO office and therefore, sought for dismissal of the petition.
5. The Family Court after considering the material on record by its order dated 26.11.2024 granted maintenance of Rs.6,500/- per month to the petitioner. Feeling aggrieved by inadequate of maintenance, the petitioner has preferred this petition seeking enhancement of maintenance.
6. I have heard Smt. Ranjita G. Alagawadi,
learned counsel appearing for the petitioner. Respondent is served and remained absent.
7. Having taken note of the submission made by the learned counsel appearing for the petitioner and also
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NC: 2025:KHC-D:5066 RPFC No. 100008 of 2025
as it is stated at paragraph No.4 of the impugned order that, the petitioner herein has sustained miscarriage on three occasions, I am of the view that, as the petitioner herein residing at Ballari city, award of maintenance of Rs.6,500/- is on the lesser side which requires to be modified. The respondent herein is hereby directed to pay maintenance of Rs.10,000/- per month to the petitioner herein from the date of petition till realization.
8. Accordingly, petition is allowed.
Sd/- (E.S.INDIRESH) JUDGE
SMM / CT-MCK List No.: 1 Sl No.: 29