- 1 - NC: 2025:KHC-D:3306 RPFC No. 100117 of 2023 C/W RPFC No. 100121 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 18TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH REV.PET FAMILY COURT NO. 100117 OF 2023 (-) C/W REV.PET FAMILY COURT NO. 100121 OF 2023 IN RPFC NO. 100117 OF 2023 BETWEEN: 1. SMT. AISHA BANU W/O. FEROZ DODDAMANI, AGE: 45 YEARS, OCC: HOUSEHOLD, R/O VISHAL NAGAR, OLD HUBBALLI, HUBBALLI-5480002. 2. KUMAR NOOR MOHAMMED SADIQ S/O. FEROZ DODDAMANI, OCC: STUDENT, AGE: MAJOR, R/O VISHAL NAGAR, OLD HUBBALLI, HUBBALLI-5480002. 3. KUMARI NAHEEN KAUSER D/O. FEROZ DODDAMNI, OCC: STUDENT, AGE: ABOUT 17 YEARS, R/O. VISHAL NAGAR, OLD HUBBALLI, HUBBALLI-580002. MINOR REPRESENTED BY RESPONDENT NO.1. …PETITIONERS (BY SMT. AISHA BANU, PARTY IN PERSON) Digitally signed by V N BADIGER Location: High Court of Karnataka, Dharwad Bench - 2 - NC: 2025:KHC-D:3306 RPFC No. 100117 of 2023 C/W RPFC No. 100121 of 2023 AND: SRI. FEROZ S/O. RAJESAB DODDAMANI, AGE: 50 YEARS, OCC: LECTURER, C/O. AT AUTOMOBILE DEPARTMENT, IMPACT POLYTECHNIC, SAHAKAR NAGAR, AT: POST KODIGEHALLI, BENGALURU-560092. …RESPONDENT (BY SMT. GAYATRI S.R., ADVOCATE) THIS RPFC IS FILED UNDER SECTION 19(4) OF FAMILY COURTS ACT, 1984, PRAYING TO SET ASIDE THE JUDGMENT DATED 30.03.2023 PASSED BY THE PRINCIPAL JUDGE, FAMILY COURT, HUBBALLI IN CRIMINAL MISCELLANEOUS CASE NO.231/2018, PERTICULARLY IN RELATION TO THE ENHANCEMENT OF MAINTENANCE REASSESS AND AWARD MAINTENANCE. IN RPFC NO. 100121 OF 2023 BETWEEN: SRI. FEROZ S/O. RAJESAB DODDAMANI AGE: ABOUT 50 YEARS, OCC: LECTURER, R/O AUTOMONBILE DEPARTMENT, IMPACT POLYTECHNIC, SAHAKAR NAGAR, AT POST: KODIGEHALLI, BENGALURU-560001. …PETITIONER (BY SMT. GAYATRI S.R., ADVOCATE) - 3 - NC: 2025:KHC-D:3306 RPFC No. 100117 of 2023 C/W RPFC No. 100121 of 2023 AND: 1. SMT. AISHA BANU W/O. FEROZ DODDAMANI, AGE: 45 YEARS, OCC: HOUSEHOLD, R/O VISHAL NAGAR, OLD HUBBALLI, HUBBALLI-5480002. 2. KUMAR NOOR MOHAMMED SADIQ S/O. FEROZ DODDAMANI, OCC: STUDENT, AGE: MAJOR, R/O. VISHAL NAGAR, OLD HUBBALLI, HUBBALLI-5480002. 3. KUMARI NAHEEN KAUSER D/O. FEROZ DODDAMNI OCC: STUDENT, AGE: ABOUT 17 YEARS, R/O. VISHAL NAGAR, OLD HUBBALLI, HUBBALLI-580002. MINOR REPRESENTED BY RESPONDENT NO.1. …RESPONDENTS (BY SMT. AISHA BANU, PARTY IN PERSON) THIS RPFC IS FILED UNDER SECTION 19(4) OF FAMILY COURTS ACT, 1984, PRAYING TO SET ASIDE THE JUDGMENT DATED 30.03.2023 PASSED BY THE PRINCIPAL JUDGE, FAMILY COURT, HUBBALLI IN CRIMINAL MISCELLANEOUS CASE NO.231/2018. IN THESE PETITIONS ARGUMENTS BEING HEARD, RESERVED FOR JUDGMENT, COMING ON FOR PRONOUNCEMENT, THIS DAY, THE COURT MADE THE FOLLOWING: - 4 - NC: 2025:KHC-D:3306 RPFC No. 100117 of 2023 C/W RPFC No. 100121 of 2023 CORAM: THE HON'BLE MR. JUSTICE E.S.INDIRESH CAV ORDER 1. These petitions are filed, questioning the order dated 30.03.2023 in Crl.Misc.No.231 of 2018 on the file of Principal Judge, Family Court, Hubballi. 2. RPFC No.100121 of 2023 is filed by the respondent-husband challenging the enhanced maintenance awarded by the Family Court to the petitioners in Crl.Misc.No.231 of 2018 and RPFC No.100117 of 2023 is filed by the petitioners-wife and children, seeking enhancement of maintenance. 3. For the sake of convenience, the parties in these petitions shall be referred to in terms of their status and ranking before the Family Court. 4. It is the case of the petitioners that, marriage of the petitioner No.1 with the respondent-husband was solemnized and in their wedlock two children were - 5 - NC: 2025:KHC-D:3306 RPFC No. 100117 of 2023 C/W RPFC No. 100121 of 2023 born (petitioner Nos.2 and 3). Due to family rift between the parties, the petitioners have left the matrimonial home and residing separately. It is stated by the petitioners that, the petitioners have filed Crl.Misc.No.73 of 2012 seeking maintenance against the respondent-husband and the competent court by order dated 28.02.2014, directed the respondent- husband to pay maintenance of Rs.10,000/- per month to petitioner No.1 and Rs.5,000/- per month each to petitioner Nos. 2 and 3. It is also stated in the petition that, the petitioner No.2 is studying at Smt. C.M.Munawalli Polytechnic College, Hubballi and petitioner No.3 is pursuing her higher education. It is also stated that on account of changed circumstances and also as the petitioner Nos.2 and 3 are pursuing their education college, so also on account of escalation of prices, the petitioners have filed Crl.Misc.No.231 of 2018 under Section 127 of Cr.P.C, - 6 - NC: 2025:KHC-D:3306 RPFC No. 100117 of 2023 C/W RPFC No. 100121 of 2023 seeking enhancement of maintenance from the respondent-husband. 5. The said petition was contested by the respondent- husband by filing the objections. It is the case of the respondent-husband that, the petitioner No.1 is Post Graduate in Commerce and she is capable to secure the job according to her qualification and also stated that, petitioner No.1 is having an independent own house and the marriage between the petitioner No.1 with the respondent is dissolved, and thereafter the respondent contracted with second marriage with one Surayya and in their wedlock two children were born. Therefore, it is contended by the respondent-husband that he is residing at Bangalore city and has to incur huge expenses for his health ailments and also taking care of children through his second wife and accordingly, sought for dismissal of the petition. - 7 - NC: 2025:KHC-D:3306 RPFC No. 100117 of 2023 C/W RPFC No. 100121 of 2023 6. The Family Court, after considering the material on record by its order dated 30.03.2023 allowed the petition in part and enhanced maintenance to Rs.20,000/- per month to the petitioner No.1 and Rs.10,000/- per month each to petitioner Nos.2 and 3. Being not satisfied with the award of maintenance by the Family Court, the petitioners have preferred RPFC No.100117 of 2023 and the respondent-husband has preferred RPFC No.100121 of 2023, challenging the impugned order as the maintenance awarded is exorbitant. 7. I have heard Smt. Aisha Banu-petitioner No.1- Party-in-person appearing on behalf of the petitioners and Smt. Gayatri S.R., learned counsel appearing for the respondent-husband. 8. It is contended by Party-in-person (petitioner No.1) that the award of maintenance-granted by Family Court is on the lesser side without considering - 8 - NC: 2025:KHC-D:3306 RPFC No. 100117 of 2023 C/W RPFC No. 100121 of 2023 the fact that petitioner Nos.2 and 3 are pursuing higher education and their fees has to be paid till the completion of their education. It is also submitted that, respondent has not declared his assets and liabilities and has not produced the salary certificate and accordingly, Party-in-person (petitioner No.1) submitted that, the award of maintenance has to be modified. It also argued that second wife of respondent-husband is having three houses and having sufficient income and accordingly, petitioner No.1 sought for enhancement of maintenance in her petition. 9. Smt. Gayatri S.R., learned counsel appearing for the respondent-husband contended that the petitioner No.1 is having a house property bearing No.16, and the petitioners are residing in the first floor and rented the remaining portion. It is also stated that the said property is gifted to the petitioner No.1 by her father. - 9 - NC: 2025:KHC-D:3306 RPFC No. 100117 of 2023 C/W RPFC No. 100121 of 2023 It is also argued that, the petitioner No.1 has sold one of the sites owned by her at Brundavan layout, which is situate in a prime location at Hubbali and also having agricultural land as evident from the RTC extracts. It is also argued by learned counsel appearing for the respondent that, the claim made by the petitioners cannot be accepted as the respondent has to take care of his second wife and two children, born through the second wedlock and that apart, respondent is having health ailments and accordingly, sought for interference of this Court in reduction of maintenance awarded by the Family Court. 10. In the light of the submission made by the learned counsel appearing for the parties, there is no dispute with regard to the relationship between the parties. The petitioners have filed Crl.Misc.No.73 of 2012 before the competent Family Court under Section 125 of Cr.P.C and respondent-husband was directed to pay - 10 - NC: 2025:KHC-D:3306 RPFC No. 100117 of 2023 C/W RPFC No. 100121 of 2023 Rs.10,000/- per month to petitioner No.1 and Rs.5,000/- per month each to petitioner Nos.2 and 3. (in all total, Rs.20,000/- per month). Thereafter, the petitioners have preferred petition under Section 127 of Cr.P.C in Clr.Misc.No.231 of 2018 seeking enhancement of maintenance. The Family Court, after considering the material on record, by detailed order, awarded maintenance of Rs.20,000/- per month to the petitioner No.1 and Rs.10,000/- per month each to the petitioner Nos.2 and 3. Feeling aggrieved by the same, both the petitioners and respondent have challenged the impugned order. 11. I have carefully considered the finding recorded by Family Court, wherein, the petitioners are residing at Hubballi, and the respondent is residing at Bengaluru and has contracted with second marriage and having two children through the said wedlock. The respondent is working as a Lecturer in Impact - 11 - NC: 2025:KHC-D:3306 RPFC No. 100117 of 2023 C/W RPFC No. 100121 of 2023 Polytechnic, Bengaluru and as per the salary certificate at the time of filing of the petition was Rs.97,070/- per month so also the respondent is having agricultural land. It is also forthcoming from the impugned order that, the respondent is residing in a rented house and also having health ailments. This court has directed the respondent-husband to submit the recent salary slip and accordingly, memo dated 12.02.2025 is filed by the learned counsel appearing for the respondent along with salary slip and it is evident that the gross salary for the month of December 2024 was Rs.1,96,008/- and net salary after deductions is Rs.1,60,798/- (IT Rs.35,000/-, PT Rs.200/- and FBF Rs.10/-). Taking into consideration aforementioned aspects and the respondent has to take care of second wife and two children and also to bear educational expenses of those two children born through his second wife, I am of the opinion that, the Family Court - 12 - NC: 2025:KHC-D:3306 RPFC No. 100117 of 2023 C/W RPFC No. 100121 of 2023 rightly awarded maintenance to the petitioners. It is also forthcoming from the cross examination of PW1, that the petitioners are residing in their own house, gifted by the father of the petitioner No.1 to the petitioner No.1 and portion of the same is rented to the tenants. It is also forthcoming that, the petitioner No.1 is having a residential site at Brundavan layout, however, it is deposed that, she has sold the same, so also, PW1-petitioner No.1 admits that, she is having agricultural land as per Exs.R1 to R3. Therefore, taking into consideration the factual aspects on record, the Family Court rightly assessed oral and documentary evidence produced by the parties with a right perspective. Therefore, I am of the opinion that, enhancement of maintenance made by the Family Court by granting Rs.20,000/- per month to the petitioner No.1 and Rs.10,000/- per month each to the petitioner Nos.2 and 3 is just and proper. Taking into - 13 - NC: 2025:KHC-D:3306 RPFC No. 100117 of 2023 C/W RPFC No. 100121 of 2023 consideration the salary certificate produced by the respondent-husband referred to above the grant of maintenance by the Family Court is fair and reasonable. Accordingly, no interference is called for in these revision petitions. Hence, RPFC No.100121 of 2023 and RPFC No.100117 of 2023 are dismissed confirming the order dated 30.03.2023 passed in Crl.Misc.No.231 of 2018 by the Principal Judge, Family Court, Hubballi. Registry is directed to intimate the order of this Court to the party-in-person (Smt. Aisha Banu). Sd/- (E.S.INDIRESH) JUDGE SB List No.: 1 Sl No.: 34