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2025 DAILYLAW 67471 (KAR)

SRI SADASHIVAPPA v. THE DEPUTY COMMISSIONER

WP/23957/2024 · 2025-11-17

D K Singh

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:46925 WP No. 23957 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE D K SINGH WRIT PETITION NO. 23957 OF 2024 (GM-RES) BETWEEN: 1. SRI SADASHIVAPPA S/O LATE MURIGEPPA AGED ABOUT 46 YEARS 2. SRI CHANDREGOWDA S/O LATE MURIGEPPA AGED ABOUT 44 YEARS 3. SMT. RUDRAMMA W/O SURESHA AGED ABOUT 42 YEARS ALL THE PETITIONERS ARE R/O SHAMNURU TALUK DAVANAGERE TALUK AND DISTRICT-577 004 …PETITIONERS (BY SRI SREE HARSHA A K, ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER PRESIDENT OF MAINTENANCE AND WELFARE OF PARENTS AND SENIOR CITIZEN APPELLATE TRIBUNAL, DC OFFICE Digitally signed by VASANTHA KUMARY B K Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:46925 WP No. 23957 of 2024 MINI VIDHANA SOUDHA CHITRADURGA-572 101 2. THE ASSISTANT COMMISSIONER DC OFFICE MINI VIDHANA SOUDHA CHITRADURGA-572 101 3. KENCHAMMA W/O LATE MURIGEPPA AGED 94 YEARS R/O KALKUNTE VILLAGE HIREGUNTANURU HOBLI CHITRADURGA TALUK CHITRADURGA DISTRICT-577 501 4. JAYAMMA D/O LATE MURIGEPPA AGED ABOUT 54 YEARS R/O KALKUNTE VILLAGE HIREGUNTANURU HOBLI CHITRADURGA TALUK CHITRADURGA DISTRICT-577 501 …RESPONDENTS (BY SRI M N SUDEV HEGDE, AGA FOR R-1 & 2; V/O DATED 03.11.2025, NOTICE TO R-3 & 4 IS DEFERRED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH ANNEXURE-H, THE IMPUGNED ORDER DATED 03.07.2024 PASSED BY RESPONDENT NO.1 AND ANNEXURE-G, THE IMPUGNED ORDER DATED 30.09.2022 PASSED BY RESPONDENT NO.2. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:46925 WP No. 23957 of 2024 CORAM: HON'BLE MR. JUSTICE D K SINGH ORAL ORDER 1. The present writ petition has been filed impugning the order dated 03.07.2024 passed by the Deputy Commissioner, Chitradurga District, upholding the order dated 30.09.2022 passed by the Assistant Commissioner, Chitradurga District under the provisions of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 directing the petitioners to pay maintenance of Rs.6,000/- per month each to Smt. Kenchamma-respondent No.3 herein, the step mother of the petitioners, who is aged about 95 years. 2. The learned counsel for the petitioners submits that the respondent No.3 is staying with her daughter Jayamma and Jayamma is able to maintain her. Despite the aforesaid fact that the respondent No.3 is staying with her daughter Jayamma and Jayamma is in a position to maintain her, the respondent No.3 has filed the petition under the said Act claiming maintenance. - 4 - HC-KAR NC: 2025:KHC:46925 WP No. 23957 of 2024 3. I have considered the submissions and perused the record. 4. If the daughter-Jayamma is maintaining the respondent No.3, the petitioners cannot be absolved of their duty and responsibility to maintain the respondent No.3. Respondent No.3 is aged 95 years and a meagre maintenance of Rs.6,000/- per month has been awarded which is being challenged before this Court in the present writ petition. I find no ground to interfere with the well-reasoned order passed by the Deputy Commissioner and therefore, the writ petition is dismissed, however, without any order as to costs. Sd/- (D K SINGH) JUDGE BKV List No.: 38 Sl No.: 12