- 1 - NC: 2025:KHC-D:382 RPFC No. 100064 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 9TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH REV.PET FAMILY COURT NO. 100064 OF 2024 (-) BETWEEN: SHRI. MANJAPPA S/O. FAKKIRAPPA MANNANGI, AGE. 31 YEARS, OCC. DOCTOR (BEMS), R/O. DEVAGIRI, TQ. HAVERI, DIST. HAVERI-581110. …PETITIONER (BY SRI. M. R. HIREMATHAD & SRI. PRAKASH R. BADIGER, ADVS) AND: 1. SMT. RENUKA ALIAS NIVEDITA W/O. MANJAPPA MANNANGI, AGE. 25 YEARS, OCC. DOCTOR, R/O. COOLIEYAVARA ONI, HAVERI, TQ. HAVERI, DIST. HAVERI-581110. 2. KUM. HARSHA S/O. MANJAPPA MANNANGI, AGE. 01 YEARS, OCC. NIL, R/O. COOLIEYAVARA ONI, HAVERI, TQ. HAVERI, DIST. HAVERI-581110. …RESPONDENTS (BY SRI. VIDYASHANKAR .G. DALWAI, ADVOCATE) V N BADIGER Digitally signed by V N BADIGER Date: 2025.01.10 16:39:12 +0530 - 2 - NC: 2025:KHC-D:382 RPFC No. 100064 of 2024 THIS RPFC IS FILED UNDER SECTION 19(4) OF THE FAMILY COURT ACT, 1984, PRAYING TO KINDLY ALLOW THE PETITION AND KINDLY SET ASIDE THE IMPUGNED JUDGMENT AND ORDER DATED 20.03.2024 IN CRI. MISC. NO.84/2023 PASSED BY THE PRINCIPAL JUDGE, FAMILY COURT, HAVERI AND CONSEQUENTLY ALLOW THE PETITION FILED BY THE PETITIONER AND KINDLY CALL FOR RECORDS. THIS PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING: CORAM: THE HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER This petition is preferred by the respondent in Criminal Miscellaneous No.84/2023, challenging the order dated 20.03.2024 on the file of Principal Judge, Family Court, Haveri (For short, hereinafter referred to as ‘Family Court). 2. For the sake of convenience, the parties are referred to as per their ranking before the Family Court. 3. It is the case of the petitioners that the marriage between the petitioner No.1 and respondent was solemnized on 28.06.2021 at Devagiri village of Haveri Taluk. It is stated in the petition that the respondent has taken dowry from the parents of the petitioner No.1. It is also stated that in view of the wedlock between the petitioner No.1 and the respondent, petitioner No.2 was born and aged about 04 months at the time - 3 - NC: 2025:KHC-D:382 RPFC No. 100064 of 2024 of filing of the petition. It is the case of the petitioner No.1 that the respondent was not taking care of the needs of the family and she has been thrown out from the matrimonial home and as such the petitioner No.1 was compelled to stay with her parents. Hence, the petitioners have filed Criminal Miscellaneous No.84/2023, seeking maintenance. 4. After service of notice, the respondent-husband entered appearance and filed detailed statement of objections denying the averments made in the petition. It is stated in the objection that the petitioner No.1 has studied B.Ed., and the entire education expenses has been incurred by the respondent and therefore, it is contended that the petitioner No.1 is not entitled for maintenance from the respondent-husband. It is also stated in the statement of objections that the respondent has completed his G.N.M. Nursing Course and has been working during evening hours at Doddamani New Multi Speciality Hospital at Haveri. It is also forthcoming from the statement of objection that the petitioners have left the matrimonial home without any cause and accordingly sought for dismissal of the petition. - 4 - NC: 2025:KHC-D:382 RPFC No. 100064 of 2024 5. The Family Court after considering the material on record by its order dated 20.03.2024 awarded maintenance of Rs.6,000/- per month to the petitioner No.1 and Rs.2,000/- per month to the petitioner No.2. Feeling aggrieved by the same, the respondent-husband has preferred this petition. 6. Heard Sri. M.R. Hiremathad, learned counsel appearing for the petitioner and Sri. Vidyashankar G. Dalawai, learned counsel appearing for the respondents. 7. It is submitted by the learned counsel appearing for the petitioner herein that the petitioner herein is ready to pay maintenance to the child (respondent No.2 herein), however the respondent No.1 herein being a graduate in M.Sc. and B.Ed., degree and therefore, she is capable of earning on her own being highly educated and therefore, submitted that the award of maintenance requires to be interference in this petition. 8. Per contra, learned counsel appearing for the respondents refers to the photographs at Ex.P.3 and P4 and submitted that the petitioner herein is working in the hospital and drawing handful of salary. - 5 - NC: 2025:KHC-D:382 RPFC No. 100064 of 2024 9. Having taken note of the submission made by learned counsel appearing for the parties, it is not in dispute that the marriage between the petitioner herein with the respondent No.1 herein was solemnized on 28.06.2021 and in their wedlock respondent No.2 is born, aged about 04 months at the time of filing of the petition. 10. On perusal of the finding recorded by the Family Court would indicate that the parties are residing separately. Learned counsel appearing for the petitioner contending that the respondent No.1-wife is graduated in M.Sc. and B.Ed. and she has been capable of earning for herself. In this regard, taking into consideration the judgment of Hon’ble Supreme Court in the case of Shailja and Another Vs. Khobbanna1, wherein it is held that merely the wife is capable of earning is not sufficient reason to reduce the maintenance granted by the Family Court. 11. Taking into account the fact that respondent No.1 herein is residing along with her parents and has to take care of 04 months aged child, I am of the view that the award of maintenance Rs.6,000/- per month to the respondent No.1- 1 AIR 2017 SC 1174 - 6 - NC: 2025:KHC-D:382 RPFC No. 100064 of 2024 wife granted by the Family Court is just and proper. Therefore, there is no perversity in the order passed by the Family Court, accordingly, petition is dismissed. Sd/- (E.S.INDIRESH) JUDGE SMM CT:ANB List No.: 1 Sl No.: 37