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2026 DAILYLAW 52944 (KAR)

SMT. SHASHIKALA W/O BAPUGOUDA KARIGOUDAR v. SRI BAPUGOUDA S/O ANDANGOUDA KARIGOUDAR

RPFC/100200/2023 · 2026-01-08

Hanchate Sanjeevkumar

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC-D:183 RPFC No. 100200 of 2023 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 08TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR REV. PETITION FAMILY COURT NO.100200 OF 2023 BETWEEN: SMT. SHASHIKALA W/O. BAPUGOUDA KARIGOUDAR, AGE: 25 YEARS, OCC: HOUSEHOLD, R/O.MADAGANUR, TQ. DIST. GADAG, NOW AT PRAKASH CHIKOPPA, GANGIMADI, GADAG, TQ. & DIST. GADAG-582103. …PETITIONER (BY SRI J. S. SHETTY AND SRI S. B. SHREEGIRI, AND SRI N. M. PATIL, ADVOCATES.) AND: SRI BAPUGOUDA S/O. ANDANGOUDA KARIGOUDAR, AGE: 41 YEARS, OCC: AGRICULTURE, R/O.MADAGANUR, TQ. & DIST. GADAG-582204. …RESPONDENT (BY SRI CHETAN MUNNOLLI, ADVOCATE) THIS RPFC IS FILED UNDER SECTION 19(4) OF FAMILY COURTS ACT, PRAYING TO THE ORDER DATED 05/04/2023 PASSED BY THE PRINCIPAL JUDGE FAMILY COURT, GADAG IN CRIMINAL MISCELLANEOUS NO.31/2021, MAY KINDLY BE MODIFIED BY GRANTING THE MANTENANCE AMOUNT OF RS.15,000/- PER MONTH AS CLAIMED BY THE PETITIONER HEREIN BY ALLOWING THIS REVISIONS PETITION WITH COST THROUGHOUT IN THE ENDS OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2026:KHC-D:183 RPFC No. 100200 of 2023 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR) Though the matter is listed for admission, with the consent of learned counsel appearing for the petitioner, it is taken up for final disposal. 2. The present petition is filed under Section 19(4) of the Family Courts Act, 19841, calling in question the order dated 05.04.2023 passed in Criminal Miscellaneous No.31/2021 on the file of Principal Judge, Family Court, Gadag2, whereby the petition was partly allowed with cost of litigation of ₹10,000/-, granting monthly maintenance of ₹4,000/- payable by the respondent/husband to the petitioner/wife from the date of petition till her life time. 3. Being aggrieved by the said order, the petitioner has preferred the present petition. 1 For short, ‘Act of 1984’ 2 For short, ‘Family Court’ - 3 - HC-KAR NC: 2026:KHC-D:183 RPFC No. 100200 of 2023 4. The petitioner herein filed a petition under Section 125 of the Code of Criminal Procedure, 19733, seeking maintenance of ₹15,000/- each per month along with litigation costs of ₹10,000/- from the respondent herein, stating that the petitioner is the legally wedded wife of respondent. There is no dispute regarding the marital status between the petitioner and the respondent, whose marriage was solemnized on 28.05.2015 as per the rites and customs prevailing in Hindu community. It is further submitted that the parties are divorced and that the petitioner is residing separately. 5. The material available on record, namely, Exs.P2 to Ex.P4-RTC extracts indicate that the lands bearing Sy.No.22/1 measuring 05 acres, Sy.No.22/3 measuring 05 acres 02 guntas, and Sy.No.49 measuring 17 acres 27 guntas stand in the name of the respondent and his parents. Therefore, the respondent has sufficient means to pay maintenance to the petitioner/wife. Further, in future, 3 For short, ‘Cr.P.C.’ - 4 - HC-KAR NC: 2026:KHC-D:183 RPFC No. 100200 of 2023 the respondent is also entitled to a share in his parents’ agricultural lands. Thus, considering that the respondent has a sufficient source of income for his livelihood, being the owner of 05 acres of land and having a prospective share in his parents’ lands, and having regard to the present cost of living, the monthly maintenance of ₹4,000/- awarded is wholly insufficient. As the petitioner/wife is residing in Madaganur village, she requires at least the bare minimum amount to sustain her livelihood. Therefore, it is just and proper that the respondent be directed to pay monthly maintenance of ₹10,000/- along with costs of litigation. 6. Hence, the following: ORDER a) The petition is allowed in part; b) The order dated 05.04.2023 passed in Criminal Miscellaneous No.31/2021 on - 5 - HC-KAR NC: 2026:KHC-D:183 RPFC No. 100200 of 2023 the file of Principal Judge, Family Court, Gadag, is modified; c) The respondent/husband is directed to pay monthly maintenance of ₹10,000/- along with cost of litigation to the petitioner from the date of petition. d) No order as to cost. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE PMP /CT-AN List No.: 1 Sl No.: 19