Extracted from the PDF above. The PDF is authoritative.
- 1 -
HC-KAR NC: 2025:KHC:37421 RPFC No. 286 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI REV.PET FAMILY COURT NO. 286 OF 2022 BETWEEN:
1.
SMT MAMATHA BAI W/O MAHENDRA H., AGED ABOUT 48 YEARS HOUSE WIFE
2.
KUM. MEGHANA M., D/O H MAHENDRA AGED 23 YEARS
3.
YASHWANTH RAO M., S/O H.MAHENDRA AGED ABOUT 20 YEARS
ALL ARE R/AT C/O THIPPESH RAO H.E.NO.167, AMBHABHAVANI NILAYA GOPALA EXTENSION SHIVAMOGGA- 577 205 …PETITIONERS (BY SRI.S.C.BIRADAR, ADVOCATE)
AND:
SRI H.MAHENDRA S/O HANUMANTHA RAO AGED ABOUT 51 YEARS FIRE STATION (FD 2084) C/O SOMWARPET KODAGU DISTRICT -571 236 …RESPONDENT (BY SRI. SHRIDHARA K., ADVOCATE)
THIS RPFC FILED UNDER SECTION 19(4) OF FAMILY COURT ACT, AGAINST THE
ORDER DATED 20.09.2022 PASSED IN
Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA
- 2 -
HC-KAR NC: 2025:KHC:37421 RPFC No. 286 of 2022
CRI.MISC.NO.224/2019 ON THE FILE OF THE PRINCIPAL JUDGE, FAMILY COURT, SHIVAMOGGA, ALLOWING THE PETITION FILED UNDER SECTION 125 OF Cr.P.C FOR MAINTENANCE.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM:
HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
ORAL ORDER
Aggrieved by the orders passed in Crl.Misc.No 224/2019 dated 20.09.2022 by the Prl. Judge, Family Court, Shivamogga whereby the family court had granted an amount of Rs.10,000/- per month as maintenance as sought for by the wife, the wife is before this court seeking enhancement of the compensation.
2. Both the parties are referred to as husband and wife for the sake of convenience.
3. Learned counsel appearing for the respondent/husband submits that as sought for by the wife, the maintenance is granted by the family court. The present petition is not maintainable before this court. If under the changed circumstances they require enhancement of the compensation, they have to file an appropriate petition.
- 3 -
HC-KAR NC: 2025:KHC:37421 RPFC No. 286 of 2022
4. Learned counsel for the petitioner/wife submits that they have sought for enhancement before this court. It is submitted that wife has filed different IA’s before this court.
5. Having heard the learned counsel on either side, perused the entire material on record. When the petition is filed and the amount that is sought for is awarded, the petitioner is not an aggrieved party and he cannot question the order. If it is the case that they want enhancement of the amount, they have to move before the very same court and it is submitted that already they have filed and withdrawn.
6. Considering all these aspects, this court is passing the following:
ORDER i. Accordingly, the RPFC is dismissed as not maintainable. ii. The petitioner is at liberty to move an appropriate application if they require enhancement of the maintenance.
- 4 -
HC-KAR NC: 2025:KHC:37421 RPFC No. 286 of 2022
iii. All pending I.As., in the petition shall stand closed.
SD/- (LALITHA KANNEGANTI) JUDGE
TS List No.: 3 Sl No.: 6