- 1 - NC: 2025:KHC-D:5183 RPFC No. 100123 of 2023 C/W RPFC No. 100193 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 20TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH REV.PET FAMILY COURT NO. 100123 OF 2023 (-) C/W REV.PET FAMILY COURT NO. 100193 OF 2023 IN R.P.F.C. NO. 100123 OF 2023 BETWEEN: SHRI. NAVEEN S/O. PEDDABHOVI GOPAL, AGE: 37 YEARS, OCC: DOCTOR, R/O. PRISTYN CARE CLINIC, NO. D9/A, NOW AT 1ST FLOOR, 6TH MAIN ROAD, ABOVE CAFE COFFEE DAY, VANI VILAS MOHALLA, MYSORE-570002. …PETITIONER (BY SRI. SHIVASAI M. PATIL, ADVOCATE) AND: SMT. VIJAYALAXMI W/O. DR. NAVEEN, AGE: 33 YEARS, OCC: HOUSEHOLD WORK, R/O. BHADRAVATI, NAGENDRANAMATTI, HAVERI-581110. CURRENTLY RESIDING AT #30/1, 3RD AND 4TH FLOORS, BBMP, BUILDING THIMMAIAH ROAD, OPP. ALLIANCE FRANCAISE DE SCHOOL, VASANTHNAGAR, BENGALURU-560051. …RESPONDENT (BY SRI. VIJAYENDRA BHIMAKKANAVAR, ADVOCATE) THIS RPFC FILED IS UNDER SECTION 19(4) OF THE FAMILY COURT ACT, 1984 PRAYING TO ALLOW THE PETITION BY SETTING ASIDE THE IMPUGNED JUDGMENT DATED 06.07.2023 IN CRL.MISC. NO.17/2022, PASSED BY THE PRINCIPAL JUDGE, FAMILY COURT, HAVERI AND ETC. Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.03.25 16:02:37 +0530 - 2 - NC: 2025:KHC-D:5183 RPFC No. 100123 of 2023 C/W RPFC No. 100193 of 2023 IN R.P.F.C. NO. 100193 OF 2023 (-) BETWEEN: SMT. VIJAYALAXMI W/O. DR. NAVEEN, AGE: 33 YEARS, OCC: HOUSEHOLD, R/O. BHADRAVATI, NOW RESIDING AT NAGENDRANAMATTI, TQ/DIST: HAVERI-581110. …PETITIONER (BY SRI. VIJAYENDRA BHIMAKKANAVAR, ADVOCATE) AND: DR. NAVEEN S/O. PEDDABHOVI GOPAL, AGE: 37 YEARS, OCC: DOCTOR, NOW AT PRISTYN CARE CLINIC, NO. D9/A, 1ST FLOOR, 6TH MAIN ROAD, ABOVE CAFE COFFEE DAY, VANI VILAS MOHALLA, MYSORE-570002. …RESPONDENT (BY SRI. SHIVASAI M. PATIL, ADVOCATE) THIS RPFC FILED IS UNDER SECTION 19(4) OF THE FAMILY COURT ACT, 1984 PRAYING TO JUDGMENT AND ORDER DATED 06.07.2023 PASSED BY THE COURT OF PRINCIPAL JUDGE, FAMILY COURT, HAVERI, IN CRL.MISC.NO.17/2022, IN GRANTING MONTHLY MAINTENANCE AT RS.20,000/- PER MONTH MAY KINDLY BE MODIFIED, BY THE ALLOWING THIS REVISION PETITION, KINDLY ENHANCE MONTHLY MAINTENANCE TO RS.50,000/- PER MONTH AS CLAIMED IN THE PETITION, PAYABLE BY THE RESPONDENT TO THE PETITIONER FROM THE DATE OF FILING OF CRL.MISC.NO.17/2022 BEFORE THE COURT BELOW, IN THE INTEREST OF JUSTICE AND EQUITY. THESE PETITIONS COMING ON FOR ADMISSION THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC-D:5183 RPFC No. 100123 of 2023 C/W RPFC No. 100193 of 2023 CORAM: THE HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER 1. RPFC No.100123/2023 is filed by respondent in Crl.Misc.No.17/2022 challenging the order dated 06.07.2023 on the file of Prl. Judge, Family Court, Haveri, granting maintenance to the respondent herein. 2. RPFC No.100193/2023 is filed by petitioner in Crl.Misc.No.17/2022 challenging the order dated 06.07.2023 on the file of Prl. Judge, Family Court, Haveri, seeking enhancement of maintenance granted by the Family Court. 2. For the sake of convenience, parties are referred with reference to their rank before the Family Court, Haveri. 3. It is the case of the petitioner that, petitioner is B.E.(Computer Science) Graduate and the respondent is MBBS (MS) Graduate, doing medical profession. It is the case of the petitioner that marriage between the petitioner and the respondent was solemnized on 14.06.2020 and thereafter the marriage was irrevocably broke down on account of incompatibility between them. It is the case of the petitioner - 4 - NC: 2025:KHC-D:5183 RPFC No. 100123 of 2023 C/W RPFC No. 100193 of 2023 that respondent used to pick up quarrel and abuse the petitioner in filthy language and as such, the petitioner has left matrimonial home and residing separately and accordingly she filed Crl.Misc.No.17/2022 before the Family Court, seeking maintenance from the respondent. 4. After service of notice, the respondent contested the matter on merits. He filed objection statement denying the allegation made against him. He further contended that, the petitioner is working at Bengaluru Smart City Limited drawing handsome salary and therefore, she is not entitled for maintenance from the respondent. 5. The Family Court after considering the material on record, by its order dated 06.07.2023 granted maintenance of Rs.20,000/- per month to the petitioner / wife. Feeling aggrieved by the same, the respondent / husband has preferred this petition. 6. Heard Sri. Vijayendra Bhimakkanavar, learned counsel for the petitioner/wife in RPFC No.100193/2023 and Sri. Shivasai M. Patil, learned counsel for the petitioner/husband in RPFC No.100123/2023. - 5 - NC: 2025:KHC-D:5183 RPFC No. 100123 of 2023 C/W RPFC No. 100193 of 2023 7. Sri. Shivasai M. Patil, learned counsel for the petitioner/husband contended that, the respondent herein was working at Bengaluru Smart City Limited which is a statutory body and was getting a salary of Rs.1,02,770/- per month and therefore, the Family Court has not considered factual aspects on record in the right perspective and accordingly sought for interference of this Court. 8. Per contra, learned counsel for the respondent submitted that the respondent herein is working only on contract basis which will come to an end by 31.03.2025 and therefore, as the respondent herein is working on contractual basis, sought to justify the impugned order passed by the Family Court. 9. In the light of the submissions made by the learned counsel for the parties, there is no dispute with regard to relationship between the parties. Undisputedly, the respondent herein is a B.E.(Computer Science) Graduate and is presently working at Bengaluru Smart City Limited and in this regard letter dated 01.03.2025 is placed before this Court stating that the employment of the respondent/wife herein is from 08.03.2021 up to 31.03.2025 and the respondent herein is - 6 - NC: 2025:KHC-D:5183 RPFC No. 100123 of 2023 C/W RPFC No. 100193 of 2023 drawing a salary of Rs.1,02,770/- per month. Taking into consideration the said aspect of the matter, I find force in the submission made by the learned counsel for the petitioner herein. As the respondent herein is drawing a salary of Rs.1,02,770/- per month, I am of the view that, the award of maintenance at Rs.20,000/- per month to the respondent herein requires to be set aside by this Court. 10. Accordingly, I pass the following: ORDER (i) RPFC No.100123/2023 is allowed. (ii) RPFC No.100193/2023 is dismissed. (iii) The Order dated 06.07.2023 in Crl.Misc.No.17/2022, on the file of Prl. Judge, Family Court, Haveri, is hereby set aside. The matter is remitted to the Family Court, Haveri to consider the matter afresh in the light of the observation made above, on merits. - 7 - NC: 2025:KHC-D:5183 RPFC No. 100123 of 2023 C/W RPFC No. 100193 of 2023 (iv) Since parties are represented through their learned counsel, parties are directed to appear before the Family Court, Haveri, on 25.04.2025 at 11.00 a.m. without waiting for further notice. (v) Amount in deposit if any, before this Court with regard to RPFC No.100123/2023, be released in favour of the petitioner therein, after due identification. (vi) Pending I.A. if any, in these petitions, does not survive for consideration. Sd/- (E.S.INDIRESH) JUDGE sac CT-MCK List No.: 2 Sl No.: 12