- 1 - NC: 2025:KHC-D:4357 RPFC No. 100139 of 2022 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 6TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH REV.PET FAMILY COURT NO. 100139 OF 2022 (-) BETWEEN: 1. SMT. RAJIYABEGUM W/O. HASANSAB JALIGIDAD, AGE: 33 YEARS, OCC: HOUSEHOLD WORK, 2. KUMAR ABDUL SAMAD S/O. HASANSAB JALIGIDAD, AGE: 11 YEARS, OCC: STUDENT, 3RD MINOR, GUARDIAN BY PETITIONER NO.1 MOTHER, SMT RAJIYABEGUM W/O. HASANSAB JALIGIDAD, BOTH ARE R/O. HOUSE NO.22, BEHIND HANAGAL AUTOMOBILE MAHAKOOTESHWAR CHAWL, NEAR BHOOMARADDI CIRCLE, GADAG, TQ: AND DIST: GADAG. …PETITIONERS (BY SRI. SADIQ N. GOODWALA, ADVOCATE) AND: HASANSAB S/O. MURTUJASAB JALIGIDAD, AGE: 41 YEARS, OCC: CLASS-I BUILDING CONTRACTOR, R/O. ALLAMPUR PETH, 7TH WARD, JOGER ONI, ILKAL, TQ: ILKAL, DIST: BAGALKOT. …RESPONDENT THIS RPFC IS FILED UNDER SECTION 19(4) OF THE FAMILY COURT ACT, PRAYING TO MODIFY THE ORDER DATED 17.03.2021 PASSED BY I ADDL. PRL. FAMILY COURT, AT GADAG IN CRL. MISC. PET. NO.80/2020 BY ALLOWING THE PETITION IN THE ENDS OF JUSTICE. THIS PETITION COMING ON FOR ADMISSION THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE E.S.INDIRESH MOHANKUMAR B SHELAR Digitally signed by MOHANKUMAR B SHELAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - NC: 2025:KHC-D:4357 RPFC No. 100139 of 2022 ORAL ORDER This petition is filed by the petitioners seeking enhancement of maintenance, in Criminal Miscellaneous No.80/2020, challenging the order dated 17.03.2021 on the file of I Additional Principal Judge, Family Court, Gadag (for short, hereinafter referred to as ‘Family Court’), granting maintenance to the petitioners 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 petitioners that, the marriage between the petitioner No.1 with the respondent-husband was solemnized on 30.12.2007 and in their wedlock petitioner No.2 is born. It is the case of the petitioners that, the respondent was not taking care of needs of the petitioners and the respondent was criticizing the character of petitioner No.1 and that apart, the respondent and his family members were assaulting the petitioner and further, she was thrown out from the matrimonial home and as such, the petitioner is residing - 3 - NC: 2025:KHC-D:4357 RPFC No. 100139 of 2022 with her parents. Hence, the petitioner has filed Criminal Miscellaneous No.80/2020, seeking maintenance. 4. After service of notice, the respondent-husband entered appearance and denied the averments made in the petition. It is the specific contention of the respondent that, at the instance of the petitioner No.1, the parents and her family members were regularly quarrelling with the respondent and the petitioner No.1 was regularly visiting her parental house without the knowledge of the respondent and also the petitioner No.1 has instigated the respondent to arrange a separate house and therefore, it is the case of the respondent that, the petition requires to be dismissed. 5. The Family Court after considering the material on record, by its order dated 17.03.2021 granted maintenance of Rs.3,000/- to the petitioner No.1 and Rs.1,000/- to the petitioner No.2. Considering the maintenance awarded by the Family Court as inadequate, the petitioners have presented this petition before the Court. - 4 - NC: 2025:KHC-D:4357 RPFC No. 100139 of 2022 6. I have heard Sri. Sadiq N. Goodwala, learned counsel appearing for the petitioners. The respondent is served remained absent. 7. It is contended by the learned counsel appearing for the petitioners by referring to medical certificates at Ex.P.13 to P.26 and contended that, the petitioner No.1 is having health ailments and further the respondent is a First Class Contractor and has neglected the petitioners without any cause and accordingly, sought for interference of this Court that, the award of maintenance is meagre without considering escalation of prices and the petitioner No.2 as to pursue her education. 8. In the light of the submission made by the learned counsel appearing for the petitioners, I have carefully examined the finding recorded by the Family Court wherein, there is no dispute with regard to the relationship between the parties and petitioner No.2 is born in their wedlock. The age of the petitioner No.2 appears to be 16 years old as on today and the petitioners are residing at Gadag city. - 5 - NC: 2025:KHC-D:4357 RPFC No. 100139 of 2022 9. Taking into consideration the health ailments of petitioner No.1 as narrated in the petition and also the respondent herein is able body to take care of needs of the petitioners, I am of the view that, the award of maintenance requires to be enhanced. 10. Taking into consideration the escalation of prices and the petitioners herein have to lead a normal life at Gadag city, I am of the opinion that, the respondent- husband be directed to pay maintenance of Rs.15,000/- per month to the petitioner No.1 and Rs.10,000/- to the petitioner No.2 from the date of the order dated 17.03.2021 passed by the Family Court. 11. In the result, petition is allowed. Sd/- (E.S.INDIRESH) JUDGE SMM CT-MCK List No.: 2 Sl No.: 12