Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:27433 RPFC No. 167 of 2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JULY, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI REV.PET FAMILY COURT NO. 167 OF 2021
BETWEEN:
SMT VIJAYALAKSHMI W/O RANGANATH AGED ABOUT 31 YEARS D/O LATE RAMA PRESENTLY R/A DRI DURGANILAYA HEBBADI KONDALABET, HEGGUNJE VILLAGE, MANDARTHI POST, BRAHMAVARA TALUK UDUPI DISTRICT. …PETITIONER (BY SMT. P.V.KALPANA, ADVOCATE)
AND:
RANGANATH S/O SIDDAPPA AGED ABOUT 36 YEARS R/AT NO.223, PRASHANARASHE BHAIABAG 2A, KORATAGERE TUMKUR DISTRICT-570029 …RESPONDENT
(V/O. DTD. 24/03/2023 NOTICE TO RESPONDENTS H/S)
THIS RPFC IS FILED UNDER SECTION 19(4) OF THE FAMILY COURTS ACT AGAINST THE ORDER DT.23.06.2016 PASSED IN C.MISC.NO.648/2014 ON THE FILE OF THE IV ADDITIONAL PRL.
JUDGE, FAMILY COURT, BENGALURU, PARTLY ALLOWING THE PETITION FILED UNDER SECTION 125 OF CR.P.C.FOR MAINTENANCE.
THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:27433 RPFC No. 167 of 2021
CORAM:
HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
ORAL ORDER Aggrieved by the order passed in Crl.Misc.No.648/2014 dated 23.06.2016 by the IV Addl. Principal Judge, Family Court, Bengaluru, whereby the Family Court had granted maintenance of an amount of Rs.3,000/- per month, the wife is before this Court seeking enhancement of maintenance.
2. The parties are referred to husband and wife for the sake of convenience.
3. The petitioner/wife herein had filed the petition seeking maintenance of an amount Rs.10,000/- per month. It is the case of the petitioner/wife that the respondent/husband had failed to take care of her and he is running a hotel business and he also owns the landed properties and he is earning an amount of Rs.30,000/- per month.
4. The Family Court by order impugned had granted maintenance of an amount of Rs.3,000/- per month. While granting the said amount, the Family Court had observed that though it is the case of the wife that he is earning an amount of Rs.30,000/- per month, there is no evidence placed before the
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HC-KAR NC: 2025:KHC:27433 RPFC No. 167 of 2021
Court. Considering the daily wages as that the husband is doing coolie work and if he is earning an amount of Rs.10,000/- per month and considering it as Rs.10,000/- per month, the Family Court had granted the maintenance of an amount of Rs.3,000/- per month.
5. There is no representation on behalf of the respondent before the Family Court as well as before this Court and the Family Court had passed an exparte order.
6. Having heard the learned counsel appearing for the petitioner, perused the material on record. When the wife had filed an application seeking maintenance, the burden lies on her to prove that what is the income of the husband particularly, in the light of the fact that the husband had not represented in this matter. Except the oral assertion that the husband is earning an amount of Rs.30,000/- per month, there is no any other evidence on record. Considering the same, the Family Court had granted maintenance of an amount of Rs.3,000/- per month and this Court finds no reasons to interfere with the well considered order passed by the Family Court. Hence, this Court deems it appropriate to pass the following:
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HC-KAR NC: 2025:KHC:27433 RPFC No. 167 of 2021
ORDER i. Accordingly, this RPFC petition is dismissed. ii. All I.As., in the RPFC petition shall stand closed.
SD/- (LALITHA KANNEGANTI) JUDGE
BN List No.: 1 Sl No.: 157