- 1 - NC: 2025:KHC-D:3415 RPFC No. 100224 of 2023 C/W RPFC No. 100127 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 19TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH REV.PET FAMILY COURT NO. 100224 OF 2023 (-) C/W REV.PET FAMILY COURT NO. 100127 OF 2024 IN RPFC NO.100224/2023 BETWEEN: SRI. SYED NAZIBULLAH S/O. LATE ABDUL HAFEEZ K., AGE 33 YEARS, OCC. PRIVATE JOB AT JSW TORANGALU, R/O. PLOT NO. 35, WARD NO. 30, B.C.MALLAIAH LAYOUT, P.B.SANATORIUM ROAD CONTONMENT, BALLARI – 583101. …PETITONER (BY SRI. L. S. SULLAD AND SRI. M.S.HOSAMANI, ADVOCATES) AND: SMT. SHAHIDA ARJUNMAND BANU W/O. SYED NAZIBULLAH K., AGE 46 YEARS, OCC. PRIVATE EMPLOYEE, R/O. RAS MANZIL, GURU COLONY, IIIRD CROSS, KARIYAMMA TEMPLE ROAD, BALLARI – 583101. …RESPONDENT (BY SMT. SOUBHAGYA S. VAKKUND, ADVOCATE) Digitally signed by V N BADIGER Location: High Court of Karnataka, Dharwad Bench - 2 - NC: 2025:KHC-D:3415 RPFC No. 100224 of 2023 C/W RPFC No. 100127 of 2024 THIS RPFC IS FILED U/S. 19(4) OF THE FAMILY COURTS ACT 1984, PRAYING TO THE ORDER DATED 30.09.2023 PASSED IN CRIMINAL MISCELLANEOUS CASE NO.65/2022 BY THE PRINCIPAL JUDGE, FAMILY COURT, BALLARI MAY KINDLY BE SET-ASIDE. IN RPFC NO.100127/2024 BETWEEN: 1. SMT. SHAHIDA ARJUMAND BANU W/O. SYED NAZIBULLAH K., AGE. 46 YEARS, R/O. RAS MANZIL, GURU COLONY, 3RD CROSS, KARIMAREMMA TEMPLE ROAD, BALLARI-583101. 2. SANA GULANDAM D/O. SYED NAZIBULLAH K., AGE. 24 YEARS, R/O. RAS MANZIL, GURU COLONY, 3RD CROSS, KARIMAREMMA TEMPLE ROAD, BALLARI-583101. 3. ASEEM RUMI SANIA D/O. SYED NAZIBULLAH K., AGE. 24 YEARS, R/O. RAS MANZIL, GURU COLONY, 3RD CROSS, KARIMAREMMA TEMPLE ROAD, BALLARI-583101. …PETITIONERS (BY SMT. SOUBHAGYA S. YAKKUND, ADVOCATE) AND: SRI. SYED NAZIBULLAH K S/O. LATE ABDUL HAFEEZ K., AGE. MAJOR, R/O. PLOT NO.35, WARD NO.30 B.C.MALLAIH LAYOUT, - 3 - NC: 2025:KHC-D:3415 RPFC No. 100224 of 2023 C/W RPFC No. 100127 of 2024 P.B.SANITORIUM ROAD, CANTONMENT BALLARI-583101. …RESPONDENT (BY SRI. L. S. SULLAD AND SRI. M.S.HOSAMANI, ADVOCATES) THIS RPFC IS FILED UNDER SEC.19(4) OF THE FAMILY COURT ACT, 1984, PRAYING TO MODIFY THE ORDER DATED 30.09.2023 PASSED IN CRL.MISC 65/2022 ON THE FILE OF COURT OF PRL. JUDGE (FAMILY COURT) BELLARY BY GRANTING MAINTENANCE TO 2ND AND 3RD PETITIONER AND INCREASING MAINTENANCE TO 1ST PETITIONER. THESE PETITION COMING ON FOR FINAL HEARING, THIS DAY, THE COURT MADE THE FOLLOWING: CORAM: THE HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER Challenging the order dated 30.09.2023 passed by the Principal Judge, Family Court, Ballari (for short “the Family Court”) the petitioner-wife in Crl.Misc.No.65/2022 has filed RPFC No.100127/2024 seeking enhancement of maintenance and the respondent-husband in Crl.Misc.No.65/2022 has filed RPFC No.100224/2023 challenging granting of maintenance. 2. For the sake of convenience, parties are referred to as per their rank before the Family Court. - 4 - NC: 2025:KHC-D:3415 RPFC No. 100224 of 2023 C/W RPFC No. 100127 of 2024 3. It is the case of the petitioner-wife that the marriage between petitioner-wife and the respondent-husband was solemnised on 25.11.2009. It is also forthcoming from the finding recorded by the Family Court that the petitioner-wife had three children through her first marriage. It is the case of the petitioner-wife that, after the marriage with the respondent-husband, the respondent-husband has not taken care of the family and was harassing the petitioner No.1-wife on account of which the petitioner No.1-wife left the company of the respondent-husband and residing separately and as such, she filed Crl.Misc.No.65/2022 before the Family Court seeking maintenance. 3.1. On service of notice, respondent-husband entered appearance and filed detailed objections contending that the respondent-husband has to take care of his aged mother as he is only the surviving son of his mother and it is also stated that the petitioner No.1-wife herself has left the matrimonial home without any cause. Accordingly, sought for dismissal of the claim petition. - 5 - NC: 2025:KHC-D:3415 RPFC No. 100224 of 2023 C/W RPFC No. 100127 of 2024 3.2. The Family Court, after consideration of material on record, by its order dated 30.09.2023 directed the respondent-husband to pay monthly maintenance of ₹15,000/- and feeling aggrieved by the same, both petitioner-wife and the respondent-husband have filed these petitions. 4. I have heard Sri.Soubhagya S Vakkund, learned counsel appearing for the petitioner-wife and Sri.L.S.Sullad, learned counsel appearing for the respondent-husband. 5. Learned counsel the petitioner in RPFC No.100224/2023 has submitted that the award of maintenance granted by the Family Court is on the higher side and without considering the fact that the wife is working. 6. Per contra, learned counsel for the petitioner in RPFC No.100127/2024 has contended that the petitioner No.1- wife is not working and she has been separated from the respondent-husband. She also referred to the finding recorded by the Family Court at paragraph 15 of the impugned order. 7. In that view of the matter, taking into consideration the fact that the petitioner No.1-wife has to take care of herself as well as taking into consideration the medical assistance is - 6 - NC: 2025:KHC-D:3415 RPFC No. 100224 of 2023 C/W RPFC No. 100127 of 2024 required to the petitioner No.1-wife, I am of the view that the award of maintenance made by the Family Court requires to be enhanced from ₹15,000/- to ₹20,000/- per month to the petitioner No.1-wife and same has to be paid by the respondent-husband from the date of petition. With this observation, the petition in RPFC No.100127/2024 filed by the petitioner-wife is allowed in part and RPFC No.100224/2024 filed by the respondent-husband is hereby dismissed. 8. In view of disposal of the petitions, pending interlocutory applications, if any, do not survive for consideration and are disposed of accordingly. Sd/- (E.S.INDIRESH) JUDGE YAN CT:ANB List No.: 2 Sl No.: 4