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2026 DAILYLAW 47914 (KAR)

HAJIRA KOUSER v. ASHIFF AHAMED

RPFC/164/2020 · 2026-02-02

Chillakur Sumalatha

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Judgment text

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- 1 - HC-KAR NC: 2026:KHC:5819 RPFC No. 164 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA REV.PET FAMILY COURT NO. 164 OF 2020 BETWEEN: HAJIRA KOUSER W/O. ASHIFF AHAMED AGED ABOUT 36 YEARS R/O. NO.334, 1ST MAIN ROAD 2ND CROSS, FORT, KOLAR TALUK AND DISTRICT-KOLAR-563 101 …PETITIONER (BY SRI MAHESH KUMAR, ADVOCATE FOR SRI TIGADI VEERANNA GADIGEPPA, ADVOCATE) AND: ASHIFF AHAMED S/O. ABDUL RAVOOF AGED ABOUT 42 YEARS STORE KEEPER, WORKING IN Digitally signed by SOWMYA DODDAMARAIAH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:5819 RPFC No. 164 of 2020 VISHAL PRESSION STEEL TUBE AND PIPES (P) LTD. BLOCK 47, KIDB INDUSTRIAL AREA HOSAKOTE BENGALURU RURAL DISTRICT-562 114 …RESPONDENT (BY SMT. SHARVANI P. T., ADVOCATE) THIS RPFC IS FILED UNDER SEC.19(4) OF FAMILY COURTS ACT, 1984, AGAINST THE ORDER DATED 06.07.2020 PASSED IN CRL.MISC.(F.C) NO.43/2018 ON THE FILE OF THE PRINCIPAL JUDGE, FAMILY COURT AT KOLAR, PARTLY ALLOWING THE PETITION FILED UNDER SEC.125 OF CR.P.C. FOR MAINTENANCE. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA - 3 - HC-KAR NC: 2026:KHC:5819 RPFC No. 164 of 2020 ORAL ORDER Heard Sri.Mahesh Kumar who represents Sri.Veeranna.G.Tigadi, learned counsel on record for the petitioner as well as Ms.Sharvani.P.T who represents Sri.Rahul.S.Reddy, learned counsel on record for the respondent. 2. Challenge in this revision petition is the order that is rendered by the Court of Principal Judge, Family Court, Kolar, in Crl.Misc.No.43/2018 dated 06.07.2020. 3. The petitioner herein who is the wife of the respondent filed a petition under Section 125 Cr.P.C seeking maintenance of Rs.20,000/- per month. The Court through the impugned order directed the respondent/ husband to pay a sum of Rs.5,000/- per month towards maintenance. The version of the petitioner/wife is that she is entitled to a higher sum. 4. Making his submission on the merits of the matter, learned counsel for the petitioner states that - 4 - HC-KAR NC: 2026:KHC:5819 RPFC No. 164 of 2020 petitioner has got no source of income. She is depending upon her parents to eke out her livelihood. It is the bounden duty of the respondent to maintain the petitioner. Learned counsel also states that an interim order was passed granting Rs.6,000/- per month towards maintenance pendente lite. However, finally the Family Court held that the petitioner is entitled to a sum of Rs.5,000/- only as maintenance which is unjustifiable. Learned counsel thereby seeks to allow the revision petition. 5. On the other hand, learned counsel for the respondent submits that respondent is under obligation to maintain his aged mother. His father recently passed away. He incurred huge debt to attend the medical needs of his father and the respondent has to clear those debts. Learned counsel also submits that respondent gets around Rs.26,000/- per month as salary and with the said meagre amount he has to maintain himself, his mother, was looking after his father's needs till his death and also his - 5 - HC-KAR NC: 2026:KHC:5819 RPFC No. 164 of 2020 nephew who is suffering with physical disability. Learned counsel thereby seeks to dismiss the revision petition. 6. The Court appreciating each and every aspect of the case including the evidence produced came to a conclusion that the petitioner is entitled to a sum of Rs.5,000/- per month as maintenance. The Court clearly made a mention in the impugned order regarding the admissions of Pw.2 during the course of cross examination. Pw.2 admitted that the respondent herein resides in a old house with his parents and a handicapped boy. He also admitted that respondent is required to take care of his aged parents. He further admitted that family of respondent is poor. 7. Learned counsel for the petitioner did not deny the fact that the respondent is earning around Rs.26,000/- per month. Through the said meagre amount, the respondent is under obligation to maintain himself, his mother and also to provide maintenance to his wife i.e., - 6 - HC-KAR NC: 2026:KHC:5819 RPFC No. 164 of 2020 the petitioner herein. Thus this Court is of the view that the Family Court did not err in coming to a conclusion that the amount that can be awarded towards maintenance is Rs.5,000/- per month. Also, this Court does not find any infirmity in the impugned order. Thus the revision petition stands dismissed. Sd/- (DR.CHILLAKUR SUMALATHA) JUDGE NS CT:VC List No.: 1 Sl No.: 33