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2025 DAILYLAW 66969 (KAR)

PARVEEZ AHMED KHAN v. SAHISTA BEGUM

RPFC/213/2019 · 2025-08-06

Lalitha Kanneganti

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Judgment text

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- 1 - HC-KAR NC: 2025:KHC:30750 RPFC No. 213 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI REV.PET FAMILY COURT NO. 213 OF 2019 BETWEEN: PARVEEZ AHMED KHAN S/O SALAR ABBAZ KHAN AGED ABOUT 36 YEARS R/AT NO.328, MUSLIM STREET DODDAKAVALANDE VILLAGE NANJANAGUDU TALUK MYSURU DISTRICT-577 016 …PETITIONER (BY SRI.MOHAMMED KALEEM, ADVOCATE FOR SRI. LETHIF B., ADVOCATE) AND: 1. SAHISTA BEGUM W/O PARVEEZ AHMED KHAN AGED ABOUT 29 YEARS 2. AFSA IRAM D/O PARVEEA AHMED KHAN AGED ABOUT 7 YEARS 3. SUHANI IRAM D/O PARVEEZ AHMED KHAN AGED ABOUT 04 YEARS THE RESPONDENT NO.2 & 3 ARE MINORS, REPRESENTED BY THEIR NATURAL GUARDIAN MOTHER I.E. 1ST RESPONDENT ALL ARE RESIDING AT NO.104 SATHAGALLI, NEHARU NAGARA MYSURU DISTRICT-577 005 …RESPONDENTS (RESPONDENT SERVED) Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:30750 RPFC No. 213 of 2019 THIS RPFC FILED UNDER SECTION 19(4) OF FAMILY COURT ACT, AGAINST THE ORDER DATED 17.10.2019 PASSED IN C.MIS.42/2019 ON THE FILE OF THE IV ADDITIONAL PRINCIPAL FAMILY JUDGE, MYSURU, PARTLY ALLOWING THE PETITION FILED UNDER SECTION 125 OF Cr.P.C FOR MAINTENANCE. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER Aggrieved by the order passed in C.Misc.No.42/2019 dated 17.10.2019 by the IV Additional Principal Family Judge, Mysuru, the petitioner/husband is before this Court questioning the maintenance granted by the Family Court at Rs.5,000/- per month to the wife and an amount of Rs.3,000/- each per month to the daughters, altogether maintenance of an amount of Rs.11,000/- per month, during lifetime or till re-marriage of the wife and till marriage of daughters, from the date of order. 2. It is the case of the wife that the husband is working as carpenter and getting salary of an amount of Rs.35,000/- per month. It is the case of the husband that he is getting an amount of Rs.400/- per day. The Family Court having considered that the burden lies on the wife to prove the - 3 - HC-KAR NC: 2025:KHC:30750 RPFC No. 213 of 2019 capacity of the husband, gave a finding that the wife has not produced any credible document to show that the husband is getting an amount of Rs.35,000/- per month out of his carpentry work. However, the Family Court had granted an amount of Rs.5,000/- per month to the wife and an amount of Rs.3,000/- each per month to the children. 3. Learned counsel for the petitioner submits that it is difficult for the husband to bear such expenses as his income itself is an amount of Rs.12,000/- per month. 4. Though notice is served on the respondents, no vakalath is filed on their behalf. 5. Having heard the learned counsel for the petitioner, perused the entire material on record. Considering the fact that the husband is working as a coolie and according to him, he is earning is an amount of Rs.12,000/- per month, this Court deems it appropriate to reduce the maintenance and modify the order of the Family Court. Hence, this Court is passing the following order: - 4 - HC-KAR NC: 2025:KHC:30750 RPFC No. 213 of 2019 ORDER i. The order passed in C.Misc.No.42/2019 dated 17.10.2019 by the IV Additional Principal Family Judge, Mysuru, is modified and the maintenance is reduced from an amount of Rs.5,000/- to Rs.2,500/- per month to the respondent No.1/wife and an amount of Rs.2,000/- each per month to the respondent Nos.2 and 3. ii. Altogether, the petitioner/husband shall pay total maintenance of an amount of Rs.6,500/- to the respondents. iii. Accordingly, the revision petition is partly allowed. iv. All I.As. in this petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE MEG List No.: 2 Sl No.: 38