- 1 - HC-KAR NC: 2025:KHC-D:10165 RPFC No. 100056 of 2024 IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE 13TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA REVISION PETITION (FAMILY COURT) NO. 100056 OF 2024 BETWEEN: 1. SMT. SARASWATI RAMA CHARATKAR AGE. 56 YEARS, OCC. HOUSEWIFE, R/O. SANTSENA ROAD, 280, MESTRI CHAWL, SHAHAPUR, BELAGAVI-590001. 2. KUMARI. DEEPA D/O. RAMA CHARATKAR AGE. 28 YEARS, OCC. STUDENT, R/O. SANTSENA ROAD, 280, MESTRI CHAWL, SHAHAPUR, BELAGAVI-590001. …PETITIONERS (BY SRI PRASHANT MATHAPATI, ADVOCATE.) AND: SHRI RAMA YASHWANT CHARATKAR AGE. 64 YEARS, OCC. GOVT. SERVICE, R/O. BOMANAHALLI, KAGADAL, TQ. HALIYAL, DIST. KARWAR-581301. …RESPONDENT (NOTICE SERVED TO RESPONDENT.) THIS RPFC IS FILED UNDER SECTION 19(4) OF THE FAMILY COURTS ACT, 1984, PRAYING TO CALL FOR THE RECORDS AND SET ASIDE THE JUDGMENT AND ORDER DATED 24.08.2023, IN CRL.MISC.NO.590/2017, ON THE FILE OF THE I ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, BELGAUM AND ETC.,. THIS PETITION COMING FOR ORDERS THIS DAY, ORDER IS MADE THEREIN AS UNDER: Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.08.18 10:37:21 +0530 - 2 - HC-KAR NC: 2025:KHC-D:10165 RPFC No. 100056 of 2024 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE G BASAVARAJA) Heard the arguments of learned counsel for petitioners. Though notice is served to the respondent, he remained absent and unrepresented. 2. Learned counsel for petitioners would submit that the petitioners have filed the petition under section 127 of the Criminal Procedure Code, 1973 (‘Cr.P.C.’ for short) in Crl.Misc.No.590/2017, for enhancement of maintenance amount from Rs.4,000/- to Rs.50,000/- per month to petitioner No.1 and Rs.10,000/- to petitioner No.2 and also marriage expenses of ten lakh rupees to petitioner No.2. 3. That petition came to be allowed in part, in which the trial Court has passed an order directing the respondent to pay enhanced maintenance amount from Rs.4,000/- to Rs.12,000/- per month to petitioner No.1 and Rs.5,000/- per month to respondent No.2 from the - 3 - HC-KAR NC: 2025:KHC-D:10165 RPFC No. 100056 of 2024 date of order. This order is passed on 24.08.2023. The trial Court has not assigned any reasons for not awarding the enhanced maintenance amount from the date of petition. Therefore, the petitioners have filed this petition seeking modification of the order to the effect that the petitioners are entitled for enhanced maintenance from the date of filing of the petition under section 127 of Cr.P.C. Despite service of notice, the respondent remained absent and unrepresented. 4. I have examined the impugned order passed by the trial Court. The trial Court has not assigned any reasons for not awarding enhanced maintenance amount from the date of filing the petition. 5. In paragraph No.12 of the impugned order the trial Court has observed as under: “12. Admittedly, the relationship between the petitioner and respondent is not all disputed and out of which, the petitioners 2 and 3 have been born. The respondent has contended that, though his working in KSRTC and drawing salary and having landed property, - 4 - HC-KAR NC: 2025:KHC-D:10165 RPFC No. 100056 of 2024 but those properties are ancestral properties they have not yet been divided. But, it is very much pertinent to note that, the respondent has not at all stated that, he is not getting any income from ancestral land. Also specifically not denied about the other not businesses and income derived from those businesses. Under the circumstances, it is clear that, the petitioner apart from working as a KSRTC driver having other income from his ancestral properties and business he is earning sufficient income. It is to be noted that, this Court when it has passed the earlier order in Crl.Misc.No.493/2011, in the month of May 2014, and enhanced monthly maintenance from Rs.1000/- to Rs.4000/- p.m., to the petitioner from respondent. But, due to passage of time admittedly, the cost of living has gone up. In view of the above financial conditions as narrated and though the respondent has contended that, he has bed ridden but, no materials have been produced by the respondent to substantiate the same. But, he has admitted as he is still working as a KSRTC driver and also it is to be noted that, he is having other source of income and hence, under the circumstances, due to passage of time, nearly 8 years have lapsed. It will be appropriate and just considering the materials on record vis-a-vis the children have been grown up and vis-a-vis, the financial capacity of the respondent and it will be appropriate, just and proper to award monthly maintenance be enhanced from Rs.4000/- to Rs.12,000/-p.m., to the petitioner No.1 and that, with respect of petitioners 2 be enhanced to Rs.5000/- p.m., which will meets the ends of justice and will be just and appropriate considering the peculiar - 5 - HC-KAR NC: 2025:KHC-D:10165 RPFC No. 100056 of 2024 facts and circumstances of the case. For the above reasons, I answer Point No.1 partly in the Affirmative.” 6. Without assigning any reasons the trial Court has directed the respondent to pay the enhanced maintenance amount from the date of order which is not correct and proper. Hence, I proceed to pass the following: ORDER i) The revision petition is partly allowed. ii) The order passed by the I Additional Principal Judge, Family Court, Belagavi, is modified as under: iii) The respondent shall pay enhanced maintenance amount from Rs.4,000/- to Rs.12,000/- per month to petitioner No.1 and Rs.5,000/- per month to petitioner No.2, from the date of filing of the petition under section 127 of Cr.P.C. - 6 - HC-KAR NC: 2025:KHC-D:10165 RPFC No. 100056 of 2024 iv) Send a copy of this order to the respondent through RPAD and a copy to the concerned trial Court also. v) No order as to costs. Sd/- (G BASAVARAJA) JUDGE MRK CT-CMU LIST NO.: 1 SL NO.: 22