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2025 DAILYLAW 56623 (KAR)

SMT. PAVITHARA S H v. SRI. GIRISH D

RPFC/65/2025 · 2025-09-16

Lalitha Kanneganti

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:37057 RPFC No. 65 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI REV.PET FAMILY COURT NO. 65 OF 2025 BETWEEN: SMT. PAVITHRA S H WIFE OF GIRISH.D AGED ABOUT 43 YEARS, RESIDING AT NO. 49/3, BDA QUARTERS, NANDINI LAYOUT, OPP. BMTC BUS STAND, BANGALORE - 560 096. …PETITIONER (BY SRI. PUNITH C, ADVOCATE) AND: SRI. GIRISH D SON OF DASAPPA, AGED ABOUT 49 YEARS, WORKING AS ASST. SUPERVISOR OFFICE OF PRINCIPAL ACCOUNT, GENERAL ADUIT-I, KARNATAKA ADUIT BHAVAN NEXT TO MS BUILDING, ADJACENT TO VIDHANA SOUDHA, BANGALORE - 560 001. …RESPONDENT (RESPONDENT - GIRISH D - SERVED) THIS RPFC IS FILED UNDER SEC.19(4) OF THE FAMILY COURTS ACT., AGAINST THE ORDER DATED 28.02.2024 PASSED IN Crl.Misc No.857/2023 ON THE FILE OF VI ADDITIONAL PRL. JUDGE, FAMILY COURT, BENGALURU., PARTLY ALLOWING THE PETITION FILED UNDER SEC.125 OF CR.P.C., FOR MAINTENANCE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:37057 RPFC No. 65 of 2025 CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER Aggrieved by the order passed in Criminal Misc. No.857/2023 dated 28.02.2024 by the VI Additional Principal Judge, Family Court, Bengaluru, whereby the Family Court had granted monthly maintenance of an amount of Rs.10,000/- to the wife and Rs.30,000/- to two children, the wife and two children are before this Court seeking enhancement of maintenance. 2. The parties are referred as husband and wife for the sake of convenience. 3. Brief facts of the case is that, wife had filed a Miscellaneous case seeking monthly maintenance of an amount of Rs.80,000/- for herself and two children. The Family Court, taking into consideration the facts disclosed by the petitioner/wife that her educational qualification is SSLC and the husband's qualification as PUC/diploma and working as Assistant Supervisor (Audit) at the Office of Audit Bhavan, Bengaluru with a monthly salary of Rs.1,35,000/-, possession of Gold Ornaments, Scooty Pep vehicle (supported by purchase - 3 - HC-KAR NC: 2025:KHC:37057 RPFC No. 65 of 2025 bills), Insurance Certificates, Registration Certificate and bills for pledging Gold Ornaments and further considering that, the relationship between the parties is not disputed, it is duty of the respondent/husband to maintain the petitioner/wife and children. Therefore, the Family Court awarded an amount of Rs.40,000/- as monthly maintenance and one-time litigation expenses of Rs.5,000/-. The wife, on her behalf and on behalf of her two children, has filed this petition seeking enhancement of the monthly maintenance. 3. Learned counsel appearing for the petitioner/wife submits that, the husband receives a salary of Rs.1,35,000/- which increases annually. Due to present rise in the cost of living, the petitioner finds it difficult to maintain herself and her children and therefore, has sought for the enhancement of the monthly maintenance granted by the Family Court. 4. Though notice has been served on the respondent/husband, there is no vakalath filed on his behalf. 5. Heard learned counsel for the petitioner and perused the material on record. - 4 - HC-KAR NC: 2025:KHC:37057 RPFC No. 65 of 2025 6. Though necessary materials have been produced by the petitioner/wife to substantiate the income of the respondent/husband, the Family Court has awarded monthly maintenance to the petitioner/wife and two children at a sum of Rs.40,000/- which, in the opinion of the Court, is on the lower side. The respondent/husband has not chosen to appear in spite of issuance of notice. Hence, taking into consideration the aforesaid facts and that the respondent being a Government employee, he is getting monthly salary of an amount of Rs.1,35,000/-, with yearly increments and also taking into consideration the rise in the present day cost of living, this Court deems it just and proper to modify the order passed by the Family Court by enhancing the monthly maintenance. Accordingly, this Court is passing the following : ORDER i) The order passed in Criminal Misc. No.857/2023 dated 28.02.2024 by the VI Additional Principal Judge, Family Court, Bengaluru, is modified by enhancing monthly maintenance amount from an - 5 - HC-KAR NC: 2025:KHC:37057 RPFC No. 65 of 2025 amount of Rs.40,000/- to Rs.50,000/- payable by the husband to the petitioner/wife and two children. ii) Accordingly, the RPFC is partly allowed; iii) I.A.s, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE rs List No.: 2 Sl No.: 2 CT: BHK