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2025 DAILYLAW 37362 (KAR)

SMT. MANJULA W/O UMESH SHIKKERI v. UMESH S/O PARASAPPA SHIKKERI

RPFC/100238/2023 · 2025-10-17

C M Joshi

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Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:14107 RPFC No. 100238 of 2023 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 17TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE C M JOSHI REV.PET FAMILY COURT NO. 100238 OF 2023 BETWEEN: 1. SMT. MANJULA W/O. UMESH SHIKKERI, AGE: 35 YEARS, OCC. STAFF NURSE ON CONTRACT BASIS. 2. KUMAR PRAJWAL S/O. UMESH SHIKKERI, AGE: 13 YEARS, OCC. STUDENT, 3. KUMARI RISHIKA D/O. UMESH SHIKKERI, AGE: 10 YEARS, OCC. STUDENT, 4. KUMAR RANGAPPA S/O. UMESH SHIKKERI, AGE: 04 YEARS, OCC. STUDENT, MINORS R/BY THEIR NATURAL GUARDIAN MOTHER PETITION NO. 1, R/O. NEERALAKERI, TQ. DIST. BAGALKOTE-587103. …PETITIONERS (BY SRI. CHINMAY G. BHAT, ADVOCATE FOR SRI. GIRISH V BHAT, ADVOCATE) AND: UMESH S/O. PARASAPPA SHIKKERI, AGE: 42 YEARS, OCC. LINEMAN IN KEB, KUNDAGOLA, R/O. K.E.B., QUARTERS, KUNDAGOLA, TQ. AND DIST. DHARWAD-580008. …RESPONDENT (RESPONDENT IS SERVED) RPFC FILED UNDER SECTION 19(4) OF THE FAMILY COURT ACT, 1984, PRAYING TO ADMIT THE PETITION, CALL FOR RECORDS AND ALLOW THIS PETITION BY GRANTING THE MAINTENANCE OF RS. 8000/- PER MONTH TO THE PETITIONERS AS PRAYED BEFORE THE LEARNED PRINCIPAL JUDGE FAMILY COURT BAGALKOTE IN CRL.MISC NO. 25/2021 DATED 03.06.2023 IN THE INTEREST OF JUSTICE AND EQUITY. YASHAVANT NARAYANKAR Digitally signed by YASHAVANT NARAYANKAR Date: 2025.10.18 10:52:34 +0530 - 2 - HC-KAR NC: 2025:KHC-D:14107 RPFC No. 100238 of 2023 THIS PETITION, COMING ON FOR ADMISSION THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE C M JOSHI) Heard the learned counsel appearing for the petitioners. 2. The revision petitioners are the wife and three children of the respondent. It is the case of the petitioners that petitioner No.1 and the respondent were married about 13 years back and after marriage, petitioner Nos.2, 3 and 4 were born. It is alleged that the relationship between petitioner No.1 and the respondent soured and therefore, they started living separately. 3. It is the contention of the petitioners that petitioner No.1 is working as a staff nurse on contractual basis earning ₹17,000/- per month and the respondent is working as a lineman in KEB earning ₹14,178/- per month. Ex.R.2 which was marked before the Family Court shows the income of the respondent. 4. The petitioners claimed maintenance under Section 125 of the Cr.P.C. before the learned Principal Judge, Family Court, Bagalkote in Crl.Misc.No.25/2021 and by order dated 03.06.2023, the Family Court ordered payment of ₹5,000/- per - 3 - HC-KAR NC: 2025:KHC-D:14107 RPFC No. 100238 of 2023 month to petitioner Nos.2, 3 and 4. The Family Court did not accede to the request of petitioner No.1 seeking any maintenance. 5. Learned counsel appearing for the petitioners would submit that the Family Court has not awarded any maintenance to petitioner No.1 and it is the bounden duty of the respondent to maintain her also. 6. The said submission cannot be accepted by this Court for the simple reason that the income of petitioner No.1 is ₹17,000/- per month whereas the income of the respondent is ₹14,178/-. Obviously, the income of petitioner No.1 is more than the income of the respondent. Under these circumstances, the Family Court is justified in not awarding any maintenance to petitioner No.1. 7. Hence, the claim for enhancement of the maintenance for petitioners Nos.2, 3 and 4 and seeking maintenance for petitioner No.1 cannot be justified. - 4 - HC-KAR NC: 2025:KHC-D:14107 RPFC No. 100238 of 2023 8. Under these circumstances, no case is made out for any indulgence in the impugned order. Hence, the petition is dismissed. SD/- (C M JOSHI) JUDGE ssp CT:PA List No.: 1 Sl No.: 32