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2025 DAILYLAW 79445 (KAR)

SRI NAGARAJA v. SMT SOWMYA

RPFC/282/2022 · 2025-08-06

Lalitha Kanneganti

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:30751 RPFC No. 282 of 2022 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. 282 OF 2022 BETWEEN: SRI NAGARAJA S/O B.K.HANUMANTHAPPA AGED ABOUT 33 YEARS PROPRIETOR OF RAMESH MILITARY HOTEL AND PIGMY COLLECTOR. R/T NITTUVALLI ROAD NEAR JAYADEVA CIRCLE DAVANAGERE -577 002 …PETITIONER (BY SRI. HAREESH BHANDARY T., ADVOCATE) AND: 1. SMT.SOWMYA W/O NAGARJA AGED ABOUT 30 YEARS R/AT ASHOKA NAGARA WEAVERS COLONY KONADAJJI ROAD DAVANAGERE- 577 002 2. KUM.YASHASWINI D/O NAGARAJA AGED ABOUT 10 YEARS MINOR. REP BY HER NATURAL GUADRIDAN MOTHER SMT. SOWMYA AGED ABOUT 30 YEARS R/AT ASHOKA NAGARA WEAVERS COLONY, KONDAJJI ROAD DAVANAGERE -577 002 …RESPONDENTS (V/O/DATED: 18/07/2025- NOTICE TO RESPONDENT IS HELD SUFFICIENT) Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:30751 RPFC No. 282 of 2022 THIS RPFC FILED U/S.19(4) OF THE FAMILY COURTS ACT., AGAINST THE JUDGMENT AND DECREE DATED 09.11.2021 PASSED IN Crl.MISC.NO.400/2018 ON THE FILE OF THE JUDGE, FAMILY COURT, DAVANGARE. PARTLY ALLOWING THE PETITION FILED U/S.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 Crl.Misc.No.400/2018 dated 09.11.2021 by the Judge, Family Court, Davanagere, whereby the Family Court had granted an amount of Rs.3,000/- per month to the wife and an amount of Rs.2,000/- to the daughter, the petitioner/husband is before this Court. 2. The parties are referred to as husband and wife for the sake of convenience. 3. Learned counsel for the petitioner/husband submits that the husband was working as a cleaner in a hotel and due to Covid-19, the hotel was closed and he has no job. It is submitted that he is pigmy collector and earning only an amount of Rs.4,000/- per month. It is submitted that the wife is running a beauty parlour and getting huge income from her - 3 - HC-KAR NC: 2025:KHC:30751 RPFC No. 282 of 2022 business and she is earning much better than the husband and all these aspects were not considered by the Family Court. 4. By order dated 18.07.2025, this Court had held that the notice to respondents amounts to deemed service of notice. 5. Having heard the learned counsel for the petitioner, perused the entire material on record. The Family Court by way of impugned order had granted an amount of Rs.3,000/- per month to the wife and an amount of Rs.2,000/- per month to the daughter. Even if he is a daily wage worker, he will be earning minimum amount of Rs.15,000/- per month. The Family Court had granted only an amount of Rs.5,000/- per month to the wife and the daughter and this Court do not find any reasons to interfere with the order passed by the Family Court. Hence, this Court is passing the following order: ORDER i. Accordingly, the revision petition is dismissed. ii. All I.As. in this petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE MEG List No.: 2 Sl No.: 41