SMT SUSHILA W/O SHRIKANT ALIAS SHRIKANTGOUDA PATIL v. SHRIKANT
RPFC/100148/2024 · 2025-02-12
E S Indiresh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 6597 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 6597 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC-D:2837 RPFC No. 100148 of 2024
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 12TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH REV.PET FAMILY COURT NO. 100148 OF 2024 (-)
BETWEEN:
SMT. SUSHILA W/O. SHRIKANT ALIAS SHRIKANTGOUDA PATIL, AGE. 63 YEARS, OCC. HOUSEHOLD, R/O. PLOT NO. 2185 SECTOR NO. 11, MAHANTESH NAGAR, BELAGAVI-590001. …PETITIONER (BY SRI. KIRANKUMAR CHATTIMATH, ADVOCATE)
AND:
SHRIKANT ALIAS SHRIKANTGOUDA S/O. SHRIMANT PATIL, AGE. 67 YEARS, OCC. RETD. GOVT. SERVANT, R/O A/PO. SULTANPUR, TQ. HUKKERI, DIST. BELAGAVI-591309. …RESPONDENT -----
THIS RPFC IS FILED UNDER SECTION 19(4) OF FAMILY COURTS ACT, PRAYING TO MODIFY THE IMPUGNED JUDGMENT AND
ORDER DATED 20.02.2024 PASSED BY THE PRINCIPAL JUDGE, FAMILY COURT, BELAGAVI IN CRL. MISC. NO.219/2021 BY ENHANCING THE MAINTENANCE AND CALL FOR RECORDS IN CRL. MISC.NO.219/2021.
V N BADIGER Digitally signed by V N BADIGER Location: High Court of Karnataka, Dharwad Bench Date: 2025.02.17 11:51:02 +0530
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NC: 2025:KHC-D:2837 RPFC No. 100148 of 2024
THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
CORAM:
THE HON'BLE MR. JUSTICE E.S.INDIRESH
ORAL ORDER
Heard the learned counsel appearing for the parties.
2. This petition is filed by the petitioner seeking enhancement of maintenance by challenging the order dated 20.02.2024 in Criminal Miscellaneous No.219/2021 on the file of Principal Judge, Family Court, Belagavi (for short, hereinafter referred to as ‘Family Court’).
3. It is contended by the
learned counsel appearing for the petitioner that, the respondent herein is a pensioner and also contracted with second marriage with one Basavva Shrikantgouda Patil and therefore, submitted that as the petitioner herein is residing at Belagavi and the petitioner herein is aged about 60 years and accordingly, sought for enhancement of maintenance.
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NC: 2025:KHC-D:2837 RPFC No. 100148 of 2024
4. Per contra, the learned counsel appearing for the respondent sought to justify the impugned order.
5. Having taken note of the submissions made by the learned counsel appearing for the parties, there is no dispute with regard to the relationship as the marriage between the petitioner and the respondent was solemnized on 08.05.1980 and thereafter, separated on account of rift in the family on the ground that the respondent has neglected to take care of the petitioner. The Family Court has awarded maintenance of Rs.6,000/- per month to the petitioner.
6. Taking into account the age of the petitioner as 65 years as on today and she requires maintenance for medical purpose apart from livelihood and also taking into account the respondent herein has taken second wife and as such the petition requires to be allowed as the maintenance awarded by the Family Court is hereby modified and enhanced from Rs.6,000/- to Rs.10,000/- per month for the reasons stated above.
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NC: 2025:KHC-D:2837 RPFC No. 100148 of 2024
7. In the result, petition is allowed in part.
Sd/- (E.S.INDIRESH) JUDGE
SMM CT:ANB List No.: 2 Sl No.: 12