- 1 - NC: 2025:KHC-D:5244 RPFC No. 100160 of 2022 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 21ST DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH REV.PET FAMILY COURT NO. 100160 OF 2022 (-) BETWEEN: SHRI. SUBHASH S/O. BHIMAPPA BUCHADI, AGE: 43 YEARS, OCC: WEAVER & BUSINESS, R/O. 224/B, 5TH CROSS, BHARAT NAGAR, TQ: AND DIST: BELAGAVI-590001. …PETITIONER (BY SRI. SANTOSH B. RAWOOT, ADVOCATE) AND: SMT. SARASWATI W/O. BHIMAPPA BUCHADI, AGE: 77 YEARS, OCC: WEAVER, R/O. 224/B, 5TH CROSS, BHARAT NAGAR, TQ: AND DIST: BELAGAVI-590001. …RESPONDENT (BY SRI. PRASAD PATIL, ADVOCATE) THIS RPFC IS FILED UNDER SECTION 19(4) OF FAMILY COURT ACT, PRAYING TO ALLOW THE PETITION FILED BY THE PETITIONER BY SETTING ASIDE THE ORDER DATED 17.08.2022 PASSED IN CRL. MISC.NO.132/2018 BY THE PRINCIPAL JUDGE FAMILY COURT BELAGAVI BY SETTING ASIDE PETITION FILED BY THE RESPONDENT UNDER SECTION 127 OF CR.P.C. FOR ENHANCEMENT OF MAINTENANCE GRANTED TO THE RESPONDENT, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.03.22 15:55:11 +0530 - 2 - NC: 2025:KHC-D:5244 RPFC No. 100160 of 2022 CORAM: THE HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER 1. This petition is filed by the respondent – son challenging the order dated 17.08.2022 in Crl.Misc.No.132/2018 on the file of the Principal Judge, Family Court, Belagavi1 granting maintenance to the respondent herein. 2. For the sake of convenience, the parties are referred to as per their ranking before the Family Court. 3. It is the case of the petitioner before the Family Court that the respondent is the adopted son of the petitioner as per the registered adoption deed dated 03.11.1980. Petitioner is a widow. It is stated in the petition that the respondent herein was not taking care of the health of the petitioner – mother and as such the petitioner has filed Crl.Misc.417/2014 seeking maintenance and the Family Court by order dated 22.12.2015 granted maintenance of Rs.2,000/- per month 1 Hereinafter referred to as ‘Family Court’ - 3 - NC: 2025:KHC-D:5244 RPFC No. 100160 of 2022 and being dissatisfied with the same, the petitioner has filed application under Section 127 of Cr.P.C. seeking enhancement of maintenance in Crl.Misc.No.132/2018. 4. After service of notice, the respondent – son entered appearance and filed detailed statement of objection, stating that the petitioner - mother is not suffering from any disease and she is hale and healthy and hence sought for dismissal of the petition. 5. The Family Court after considering the material on record, by its order dated 17.08.2022, allowed the petition in part by directing the respondent – son to pay monthly maintenance of Rs.4,000/- to the petitioner - mother. Feeling aggrieved by the same, the respondent – son has preferred this petition. 6. Having taken note of the submission of the learned counsel appearing for the parties and taking into account the age of the respondent herein is 81 years old, and therefore, taking into consideration the health of - 4 - NC: 2025:KHC-D:5244 RPFC No. 100160 of 2022 respondent herein, the grant of maintenance of Rs.4,000/- by the Family Court is just and proper and does not call for interference of this Court. 7. Accordingly, the petition is dismissed. Sd/- (E.S.INDIRESH) JUDGE SH CT-MCK List No.: 2 Sl No.: 12