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2025 DAILYLAW 65283 (KAR)

ABBAS ALI S/O JAMALASAB ALLALLI v. SMT SIMRAN W/O ABBAS ALI

RPFC/100056/2025 · 2025-07-31

G Basavaraja

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:9458 RPFC No. 100056 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 31ST DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA REV.PET FAMILY COURT NO. 100056 OF 2025 BETWEEN: ABBAS ALI S/O. JAMALASAB ALLALLI AGE. 34 YEARS, OCC. DATA ENTRY OPERATOR, (GRAM PANCHAYAT HULIGI) R/O. NO.327/A, SHIVAPUR ROAD, 4TH WARD HULIGI VILLAGE, TQ AND DIST. KOPPAL (REP IN CRL. MISC.182/2023) …PETITIONER (BY SRI. VIJAYKUMAR B. HORATTI, ADVOCATE) AND: 1. SMT. SIMRAN W/O. ABBAS ALI AGE. 26 YEARS, OCC. HOUSEHOLD WORK, R/O. NO. 327/A, SHIVAPUR ROAD, HULIGI VILLAGE, TQ AND DIST KOPPAL. NOW AT C/O. ALLABHAKSHISAB ULLAGADDI, J.B. NAGAR, JAGADAMBA COLONY, MUNIRABAD R.S. TQ AND DIST. KOPPAL. 2. FAIZAN NABI S/O. ABBAS ALI AGE. 3 YEARS, (SINCE MINOR REPRESENTED, BY MINOR GUARDIAN MOTHER RESPONDENT NO.2) (PETITIONRS IN CRL.MISC.182/2023) …RESPONDENTS THIS RPFC UNDER SECTION 19 (4) OF FAMILY COURT ACT, 1984 PRAYING TO SET ASIDE THE ORDER DATED 19.02.2025 PASSED BY THE COURT OF PRINCIPAL JUDGE, FAMILY COURT, KOPPAL IN CRL.MISC. NO.182/2023, IN SO FAR AS GRANTING Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.08.06 11:05:45 +0530 - 2 - HC-KAR NC: 2025:KHC-D:9458 RPFC No. 100056 of 2025 MAINTENANCE OF RS.4000/- PER MONTH TO RESPONDENT NO.1 AND RS.2,000/- TO RESPONDENT. NO.2 AND TO MODIFY THE ORDER PASSED BY REDUCING THE SAME. THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE G BASAVARAJA) 1. Heard the arguments of learned counsel for the appellant. 2. Respondent Nos.1 and 2, who are petitioner Nos.1 and 2 before the trial Court, filed a petition under Section 125 of the Cr.P.C., seeking maintenance. The said petition was partly allowed. The trial Court awarded monthly maintenance of Rs.4,000/- to petitioner No.1 and Rs.2,000/- to petitioner No.2, who was aged one year at the time (now aged three years). The relationship between the parties is admitted. 3. This revision petition is filed on the ground that the petitioner is employed as a Data Entry Operator at the Gram Panchayat, Huligi and draws a meager salary of Rs.14,500/-. Out of this amount, the revision petitioner - 3 - HC-KAR NC: 2025:KHC-D:9458 RPFC No. 100056 of 2025 has to take care of his aged parents, who are dependent on him. Hence, it is contended that the impugned order granting maintenance is on the higher side. Considering the admitted salary of the revision petitioner, the trial Court has rightly passed a just and proper order awarding maintenance to petitioner Nos.1 and 2. I do not find any error, legal infirmity, or illegality in the impugned order. Resultantly, the petition is dismissed. Sd/- (G BASAVARAJA) JUDGE AC Ct-cmu LIST NO.: 1 SL NO.: 52