Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:576 RP No. 620 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 08TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR REVIEW PETITION NO.620 OF 2024 BETWEEN:
SRI THIMMAPPA E.
S/O. LATE SRI RAMAPPA, AGED ABOUT 57 YEARS, NO.31, 6TH A MAIN, 13TH CROSS, 2ND STAGE, GOKULAM, MYSURU-570002. …PETITIONER
(BY SRI SIDDHARTH B.MUCHANDI, ADVOCATE)
AND:
1.
SMT. ROOPA K., D/O. LATE KRISHNAPPA, AGED ABOUT 48 YEARS,
2.
MASTER CHIRANJIVI S/O. SRI THIMMAPPA E., AGED ABOUT 14 YEARS,
SINCE MINOR REPRESENTED BY RESPONDENT NO.1
BOTH RESIDING AT: D.NO.14/1, I FLOOR, III CROSS, LINGAPPA BLOCK, THIMMAYYA GARDEN, R.T. NAGAR, BENGALURU-560 032. …RESPONDENTS
THIS REVIEW PETITION IS FILED UNDER ORDER XLVII RULE 1 OF CPC, 1908, PRAYING TO REVIEW THE ORDER DATED 04.06.2024 RPFC NO.272/2023 (COMMON
ORDER PASSED A/W. RPFC NO.06/2024) PASSED BY THIS COURT AND ETC.,.
THIS REVIEW PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA
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NC: 2025:KHC:576 RP No. 620 of 2024
CORAM:
HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR
ORAL ORDER
This review petition is filed praying to review the order passed by this Court in Revision Petition Family Court No.272/2023 connected with RPFC No.6/2024 dated 04.06.2024 requesting to reduce the quantum of maintenance amount from the year 2015 to 2020 on the ground that from the year 2015 to 2020, The salary was ranging from Rs.49,796/- to Rs.84,591/-.
2. This Court by order above stated, has awarded maintenance amount of Rs.22,000/- per month to respondent No.1 wife and Rs.15,000/- to respondent No.2 minor son, in addition to the maintenance amount granted by the Family Court, respectively, from the date of petition.
3. The Family Court has granted maintenance amount of Rs.8,000/- per month to the wife and Rs.5,000/- to the minor son. This Court has enhanced by its order to pay additional maintenance of Rs.22,000/- per month to the wife in addition to what has been awarded by the Family
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NC: 2025:KHC:576 RP No. 620 of 2024
Court and additional amount of Rs.15,000/- to the minor son in addition to what has been awarded by the Family Court, from the date of petition.
4.
Learned counsel for the review petitioner has submitted that from February 2015 till December 2020 the net salary of the petitioner was Rs.45,796/- to Rs.84,591/-. Therefore, submitted, on calculating the said maintenance amount above stated, then it is amounting to entire salary would be payable to the respondent wife and minor son. Therefore, prays for modification/review the order passed by this Court so far as the period from February 2015 to December 2020.
5. It is not disputed that the petitioner is Executive Engineer, a Class-I Officer, in the Government service, working as Superintendent Engineer. As on the date of passing of the order by this Court, in the above said revision petition, it was observed that the review petitioner was receiving a gross salary of Rs.1,30,285/- and net salary of Rs.1,18,639/- for the period between February 2015 to December 2020. The net salary may be ranging between
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NC: 2025:KHC:576 RP No. 620 of 2024
Rs.45,796/- to Rs.84,591/-. But now the review petitioner is receiving the salary as above stated.
6. It is not disputed that the respondents are wife and minor son. The total effect of the order is that the review petitioner shall pay maintenance amount of Rs.30,000/- per month (Rs.8,000/- + Rs.22,000/-) to the wife and Rs.20,000/- (Rs.5,000/- + Rs.15,000/-) to the minor son. The review petitioner has shirked his responsibility to look-after the son and the entire responsibility was on the wife to look-after and nurture the minor son. Therefore, in this regard considering all these aspects, this Court has granted maintenance amount as above discussed.
7. Now the review petitioner is receiving gross salary of Rs.1,30,285/- and net salary of Rs.1,18,639/- being Class-I Officer working as Superintendent Engineer in the service of Government of Karnataka. Therefore, the review petitioner is having lucrative job in the Government service and also lucrative salary. Therefore, there is no need to make any modification/review in the quantum of maintenance granted by this Court. Therefore, there is no
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NC: 2025:KHC:576 RP No. 620 of 2024
good ground made out for reviewing the order. Hence, the review petition is dismissed.
8. In view of disposal of the main petition itself, pending interlocutory applications, if any, stand disposed of as they do not survive for consideration.
Sd/- (HANCHATE SANJEEVKUMAR) JUDGE
RKM/MRK CT: UMD List No.: 19 Sl No.: 1