Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC-D:6008 RPFC No. 100217 of 2024
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 4TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH REV.PET FAMILY COURT NO. 100217 OF 2024 (-) BETWEEN:
SMT. NINGAVVA W/O. TARANATH MANAKUR, AGE: 51 YEARS, OCC: HOUSEHOLD WORK, R/O. KERUDI-581106, TQ: BYADAGI, DIST: HAVERI. …PETITIONER (BY SRI. SABEEL AHMED, ADVOCATE FOR SRI. A.S. PATIL, ADVOCATE)
AND:
SHRI TARANATH S/O. YAMANAPPA MANAKUR, AGE: 58 YEARS, OCC: PRIMARY SCHOOL HEAD MASTER AT VADEYARAYANAHALLI, R/O. RANEBENNUR-581115, TQ: RANEBENNUR, DIST: HAVERI. …RESPONDENT (SOLE RESPONDENT SERVED AND UNREPRESENTED)
THIS RPFC IS FILED UNDER SECTION 19(4) OF THE FAMILY COURT ACT, 1984 PRAYING TO MODIFY THE IMPUGNED ORDER DATED 30.03.2024 PASSED BY THE HON’BLE SENIOR CIVIL JUDGE AND JMFC BYADGI IN CRL.MISC.NO.67/2021 AND TO ALLOW THIS PETITION, IN THE INTEREST OF JUSTICE AND EQUITY.
THIS PETITION COMING ON FOR FURTHER ORDERS THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM:
THE HON'BLE MR. JUSTICE E.S.INDIRESH
ASHPAK KASHIMSA MALAGALADINNI Location: HIGH COURT OF KARNATAKA DHARWAD
BENCH
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NC: 2025:KHC-D:6008 RPFC No. 100217 of 2024
ORAL ORDER
This petition is filed by the petitioner, seeking enhancement of maintenance by challenging the order dated 30.03.2024 in Crl.Misc.No.67 of 2021 on the file of Senior Civil and JMFC, Byadagi, granting maintenance to the petitioner.
2. For the sake of convenience, the parties in this petition shall be referred to in terms of their status and ranking before the Family Court.
3. The petitioner has filed Crl.Misc.No.63 of 2003, seeking maintenance from the respondent- husband and an order of maintenance for Rs.5,500/- per month was granted and same was challenged before the Fast Track Court, Ranibennur and same was reduced to Rs.4,500/-. Thereafter, same was reduced by this Court in Crl.P.No.11114 of 2011 dated
16.11.2011. Thereafter, the petitioner has filed an application under Section 127 of Cr.P.C, seeking
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NC: 2025:KHC-D:6008 RPFC No. 100217 of 2024
enhancement of maintenance in Crl.Misc.No.67 of
2021.
4. After service of notice respondent-husband entered appearance stating that he is working as Head Master of Primary School and drawing salary of Rs.61,907/- and it is further contended that, the order of maintenance by the Family Court is just and proper and accordingly, sought for dismissal of the petition.
5. The Family Court, after considering the material on record, by its order dated 30.03.2024 enhanced the maintenance from Rs.4,000/- to Rs.6,000/- per month and being not satisfied with the grant of maintenance, the petitioner-wife has presented this petition.
6. Heard Sri. Sabeel Ahmed, learned counsel appearing for Sri. A.S. Patil, learned counsel appearing
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NC: 2025:KHC-D:6008 RPFC No. 100217 of 2024
for the petitioner. Respondent is served remained absent.
7.
Learned counsel appearing for the petitioner vehemently contended that, the order of maintenance is on the lesser side which requires to be enhanced in this petition. Accordingly, sought for interference of this Court.
8. In the light of the submission made by the
learned counsel appearing for the petitioner, it is not in dispute that on the earlier occasion, the Family Court has granted maintenance of Rs.5,500/- per month in Crl.Misc.No.63 of 2003 and same was reduced by this Court in Crl.P.No.11114 of 2011 dated 16.11.2011 (Annexure-A). Taking into consideration the finding recorded by the Family Court as the respondent herein is working as Head Master of Primary School and also having immovable properties besides agricultural land and therefore, taking into
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NC: 2025:KHC-D:6008 RPFC No. 100217 of 2024
consideration the age of the petitioner herein is 52 years and is residing alone, I am of the view that, the award of maintenance by the Family Court at Rs.6,000/- per month is on the lesser side which requires to be enhanced to Rs.12,000/- per month to be payable by the respondent herein from the date of filing of the petition before the Family Court. In the result, the
order dated 30.03.2024 passed in Crl.Misc.No.67 of 2021 on the Family Court is hereby modified by enhancing the maintenance to Rs.12,000/- per month from Rs.6,000/- per month. Accordingly, the Revision Petition is allowed.
Sd/- (E.S.INDIRESH) JUDGE
SB CT-MCK List No.: 1 Sl No.: 17