- 1 - NC: 2025:KHC-D:4542 RPFC No. 100042 of 2023 C/W RPFC No. 100108 of 2022 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 10TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH REV.PET FAMILY COURT NO. 100042 OF 2023 (-) C/W REV.PET FAMILY COURT NO. 100108 OF 2022 IN RPFC NO. 100042 OF 2023 BETWEEN: 1. LAKSHMI W/O. MARUT URF PRAKASH S/O. NARAYAN PAI, AGED 48 YEARS, OCC: HOUSEHOLD WORK, R/O. LIG 148, BEHIND SPARSHA HOSPITAL, RADHAKRISHNA NAGAR, GADAG, TQ: AND DIST: GADAG-582103. 2. SWAPNA D/O. MARUT URF PRAKASH S/O. NARAYAN PAI, AGED 24 YEARS, OCC: STUDENT, R/O. LIG 148, BEHIND SPARSHA HOSPITAL, RADHAKRISHNA NAGAR, GADAG, TQ: AND DIST: GADAG-582103. …petitioners (BY SRI. VISHWANATH HEGDE & SMT. TANUJA HEGDE, ADVOCATES) AND: MARUT URF PRAKASH S/O. NARAYAN PAI, AGED 55 YEARS, OCC: SENIOR DIVISIONAL MANAGER, IN UNITED INDIA INSURANCE COMPANY, R/O. UNITED INDIA INSURANCE CO., JEWEL PLAZA, UDUPI-576101. …respondent (BY SRI. ARUN L. NEELOPANT, ADVOCATE) THIS RPFC IS FILED UNDER SEC.19(4) OF THE FAMILY COURT ACT, 1984, PRAYING TO MODIFY THE IMPUGNED ORDER DATED 6-4- 2022 PASSED IN CRL.MISC.NO.94/2021 BY I ADDITIONAL MOHANKUMAR B SHELAR Digitally signed by MOHANKUMAR B SHELAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - NC: 2025:KHC-D:4542 RPFC No. 100042 of 2023 C/W RPFC No. 100108 of 2022 PRINCIPAL JUDGE, FAMILY COURT GADAG, BY ENHANCING MONTHLY MAINTENANCE AMOUNT OF RS.15,000/- TO RS.25,000/- EACH TO PETITIONERS IN THE INTEREST OF JUSTICE AND ETC. IN RPFC NO. 100108 OF 2022 BETWEEN: MARUT URF PRAKASH S/O. NARAYAN PAI, AGED 54 YEARS, OCC: SENIOR DIVISIONAL MANAGER, IN UNITED INDIA INSURANCE COMPANY, R/O. UNITED INDIA INSURANCE CO., JEWEL PLAZA, UDUPI-576101. …PETITIONER (BY SMT. KAVITA S. JADHAV & SRI. ARUN L. NEELOPANT, ADVOCATES) AND: 1. LAKSHMI W/O. MARUT URF PRAKASH S/O. NARAYAN PAI, AGE: 48 YEARS, OCC: HOUSEHOLD, R/O. LIG 148, BEHIND SPARSHA HOSPITAL, RADHAKRISHNA NAGAR, GADAG-582103, TQ: DIST: GADAG. 2. KU. SWAPNA D/O. MARUT URF PRAKASH S/O. NARAYAN PAI, AGE: 23 YEARS, OCC: STUDENT, R/O. LIG 148, BEHIND SPARSHA HOSPITAL, RADHAKRISHNA NAGAR, GADAG-582103, TQ: DIST: GADAG. …PETITIONERS (BY SRI. VISHWANATH HEGDE, ADVOCATE) THIS RPFC IS FILED UNDER SEC.19(4) OF THE FAMILY COURT ACT, 1984 PRAYING TO ALLOW THIS REVISION PETITION, SET ASIDE THE ORDER DATED 06.04.2022 IN CRL.MISC. NO.94/2021, PASSED BY THE I ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, AT GADAG, IN THE INTEREST OF JUSTICE AND EQUITY. - 3 - NC: 2025:KHC-D:4542 RPFC No. 100042 of 2023 C/W RPFC No. 100108 of 2022 THESE PETITIONS COMING ON FOR ADMISSION THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER Challenging the order dated 06.04.2022 in Crl.Misc.No.94/2021 passed by the I-Additional Principal Judge, Family Court, Gadag (for short “the Family Court”) the petitioner-wife has filed RPFC No.100042/2023 seeking enhancement of maintenance and respondent-husband has filed RPFC No.100108/2022 seeking reduction of the grant of maintenance awarded by the Family Court. 2. Since the impugned order passed by the Family Court is one and the same, both the petitions were taken up together for disposal by this Court by common order. 3. For the sake of convenience, the parties are referred to as per their rank before the Family Court. 4. It is the case of the petitioners in Crl.Misc.No.94/2021 that, the marriage of petitioner No.1-wife with the respondent-husband was solemnized on 26.11.1995 and in their wedlock petitioner No.2 was born. It is the case of - 4 - NC: 2025:KHC-D:4542 RPFC No. 100042 of 2023 C/W RPFC No. 100108 of 2022 the petitioners that the respondent was not looking after the petitioner No.1-wife and the parents of the respondent-husband were pestering the petitioner No.1-wife to get additional dowry and as such, the petitioners left the matrimonial home and living separately from the respondent. Hence, the petitioners have filed petition seeking maintenance from the respondent. It is also stated that the petitioner No.2 got medical seat under Government quota at Gadag Institute of Medical Science (GIMS) and is pursuing studies at Gadag by staying in hostel. Hence, the petitioners have sought for maintenance. 4.1. After service of notice, the respondent-husband entered appearance and filed detailed statement of objections denying the allegation made in the claim petition. It is the contention of the respondent-husband that the petitioner No.1- wife is suffering from mental disorder and has made the life of respondent-husband miserable. It is also stated in the statement of objections by the respondent-husband that the petitioner No.1-wife is deliberately avoiding to take medicines and refused to participate in medical counseling for further treatment. Hence, the respondent-husband has sought for dismissal of the petition. - 5 - NC: 2025:KHC-D:4542 RPFC No. 100042 of 2023 C/W RPFC No. 100108 of 2022 4.2. The Family Court, after considering the material on record, by its order dated 06.04.2022 allowed the petition in part and directed the respondent-husband to pay monthly maintenance of ₹15,000/- to each petitioner. Feeling aggrieved by the same, the petitioners in Crl.Misc.No.94/2021 have preferred RPFC No.100042/2023 seeking enhancement of monthly maintenance and the respondent-husband has filed RPFC No.100108/2022 seeking interference of this Court. 5. I have heard Sri.Vishwanath Hegde, learned counsel appearing for the petitioners in RPFC No.100042/2023 and Smt.Kavita S Jadhav, learned counsel for the petitioner in RPFC No.100108/2022. 6. Sri. Vishwanath Hegde, learned counsel appearing for the petitioners submitted that the petitioners have produced relevant documents before the Family Court with regard to health ailments of petitioner No.1-wife and also petitioner No.2- daughter has passed MBBS and the entire educational expenses were incurred by the petitioner No.1-wife. Accordingly, it is submitted by the learned counsel appearing for the petitioners that the award of maintenance by the Family Court is on the - 6 - NC: 2025:KHC-D:4542 RPFC No. 100042 of 2023 C/W RPFC No. 100108 of 2022 lesser side, which requires to be enhanced by looking into the salary of the respondent-husband as well as the needs of the petitioners. 7. Per contra, Smt.Kavita S Jadhav, learned counsel appearing for the respondent-husband submitted that the petitioner No.1-wife is suffering from mental disorder and has not taken treatment despite the respondent-husband has taken keen interest in continuing the conjugal rights. It is also contended by the learned counsel appearing for the respondent-husband that the respondent-husband has taken care of entire educational expenses of petitioner No.2-daughter and therefore, sought for interference of this Court to reduce the maintenance awarded to the petitioners herein. 8. In the light of the submissions made by the learned counsel appearing for the parties, it is not in dispute that the marriage between the petitioner No.1-wife and the respondent- husband was solemnized on 26.11.1995 and in their wedlock petitioner No.2-daugther was born. A perusal of the finding recorded by the Family Court would indicate that the parties are residing separately. It is admitted by both the parties that - 7 - NC: 2025:KHC-D:4542 RPFC No. 100042 of 2023 C/W RPFC No. 100108 of 2022 the petitioner No.2-daughter has completed MBBS and looking for higher studies in medicine. The main ground alleged by the respondent-husband is that the petitioner No.1-wife was not suitable wife for him as she is having physical infirmity. Taking into consideration the said aspect of the matter, I have carefully considered the finding recorded by the Family Court. It is also not in dispute that the respondent is a Senior Division Manager in United India Insurance Company Ltd., and was drawing salary of ₹1,33,000/- per month as per Ex.P5. 9. Having taken note of the finding recorded by the Family Court as the parties are residing separately and taking into consideration that the petitioner No.2-daughter has completed MBBS and has to join for her higher studies, I am of the view that the award of maintenance by the Family Court is lesser, which requires to be enhanced by looking into the status of the respondent-husband. Perusal of the finding recorded by the Family Court would indicate that the respondent-husband is working as a Senior Divisional Manager in United India Insurance Company. In that view of the matter, it would be just and appropriate to enhance the maintenance and direct - 8 - NC: 2025:KHC-D:4542 RPFC No. 100042 of 2023 C/W RPFC No. 100108 of 2022 respondent-husband to pay monthly maintenance of ₹35,000/- to each of the petitioners. Accordingly, I pass the following: ORDER i) The RPFC No.100042/2023 is allowed in part. ii) In the result, the monthly maintenance awarded by the I-Additional Principal Judge, Family Court, Gadag in Crl.Misc.No.94/2021 is hereby modified and enhanced to ₹35,000/- per month payable to each of the petitioners by the respondent-husband. iii) The RPFC No.100108/2022 is hereby dismissed. iv) In view of disposal of the petitions, pending interlocutory applications, if any, do not survive for consideration and are disposed of accordingly. Sd/- (E.S.INDIRESH) JUDGE YAN CT-MCK List No.: 2 Sl No.: 10