SMT IRENE W/O PRASHANT LANKA v. PRASHANT S/O STEPHEN LANKA
RPFC/100200/2024 · 2025-03-18
E S Indiresh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 47176 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 47176 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC-D:4987 RPFC No. 100200 of 2024
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 18TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH REV.PET FAMILY COURT NO. 100200 OF 2024 (-)
BETWEEN:
SMT. IRENE W/O. PRASHANT LANKA, AGE: 27 YEARS, OCC: HOUSEWIFE, R/O. GAVISIDDESHWAR COLONY, GOPANAKOPPA, HUBBALLI, DIST: DHARWAD. …PETITIONER (BY SRI. AVINASH BANAKAR, ADVOCATE)
AND:
PRASHANT S/O. STEPHEN LANKA, AGE: 35 YEARS, OCC: RAILWAY EMPLOYEE, R/O. NO.82/A, CHETNA VIHAR, BENGERI, GOPANAKOPPA, HUBBALLI, DIST: DHARWAD-580026. …RESPONDENT (RESPONDENT SERVED AND UNREPRESENTED)
THIS RPFC IS FILED UNDER SECTION 19(4) OF THE FAMILY COURT ACT, 1984 PRAYING TO ALLOW THIS REVISION PETITION BY MODIFYING THE
ORDER DATED 05.04.2024 IN CRL.
MISC.NO.154/2023 PASSED BY THE PRINCIPAL JUDGE FAMILY COURT, HUBBALLI AND ALLOW THE CRL.MISC.NO.154/2023 FILED BY THE PETITIONER IN ITS ENTIRETY, IN THE INTEREST OF JUSTICE AND EQUITY.
Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.03.22 15:55:15 +0530
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NC: 2025:KHC-D:4987 RPFC No. 100200 of 2024
THIS PETITION COMING ON FOR ADMISSION THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM:
THE HON'BLE MR. JUSTICE E.S.INDIRESH
ORAL ORDER
1. This petition is filed by the petitioner seeking enhancement of maintenance, challenging the Order dated 05.04.2024 in Cri. Misc. No.154/2023 on the file of Prl. Family Court, Hubballi. 2. For the sake of convenience, parties are referred to as per their ranking before the Family Court, Hubballi. 3. It is the case of the petitioner that, marriage of the petitioner with respondent – husband was solemnized on
05.05.2018. It is to be noted that there was a family rift between the petitioner and respondent on account of incompatibility as the petitioner alleged that the family members of the respondent were ill-treating the petitioner. Hence, the petitioner left the matrimonial home and residing with her parents and accordingly, filed Crl. Misc.No.154/2023, seeking maintenance. - 3 -
NC: 2025:KHC-D:4987 RPFC No. 100200 of 2024
4. On service of notice, the respondent entered appearance and filed statement of objections denying the allegations made against the respondent. It is the case of the respondent that, the petitioner was not taking care of the needs of the respondent and was neglecting the respondent and accordingly sought for dismissal of the petition. 5. The Family Court, after considering the material on record, by its Order dated 05.04.2024, allowed the petition in part, granting maintenance of ₹6,000/- per month to the petitioner/wife. Feeling aggrieved by the maintenance granted by the Family Court on lesser side, the petitioner has preferred this revision petition. 6. I have heard Sri. Avinash Banakar, learned counsel for the petitioner and respondent though served has remained absent. 7. Sri. Avinash Banakar, learned counsel for the petitioner contended that award of maintenance by the Family Court is inadequate and it requires to be enhanced by taking into account the salary of the respondent. - 4 -
NC: 2025:KHC-D:4987 RPFC No. 100200 of 2024
8. In the light of the submissions made by the learned counsel for the petitioner, there is no dispute with regard to relationship between the parties. The Family Court, having taken note of the fact that the respondent is working at Railways, has awarded maintenance of ₹6,000/- per month which requires to be enhanced by considering the salary of the respondent as per Ex.P6, wherein it is stated that the salary of the respondent is ₹39,573/- per month.
By considering the finding recorded by the Family Court at para 33 to 36, I am of the opinion that the petitioner is entitled for total maintenance of ₹10,000/- per month and accordingly, the impugned order passed by the Family Court is modified directing the respondent/husband to pay monthly maintenance of ₹10,000/- from the date of filing of the Crl.Misc. Petition No.154/2023, till her entire lifetime, subject to changed circumstances. 9. With the above observation, the Revision Petition is
disposed of. Consequently, pending I.A.2/2024 does not survive for consideration. Sd/- (E.S.INDIRESH) JUDGE
sac CT-MCK List No.: 2 Sl No.: 15