Karnataka High Court
Makabulahamad S/O. Riyajahamad ... vs Smt Ruhitaj W/O. Makabulahamad ... on 28 June, 2024
Author: M.G.S. Kamal
Bench: M.G.S. Kamal
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NC: 2024:KHC-D:8808
RPFC No. 100006 of 2024
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 28TH DAY OF JUNE, 2024
BEFORE
THE HON'BLE MR JUSTICE M.G.S. KAMAL
REV.PET FAMILY COURT NO.100006 OF 2024
BETWEEN:
MAKABOOLAHAMAD S/O. RIYAJAHAMAD TILAVALLI,
AGED ABOUT 30 YEARS, OCC: DRIVER,
R/O: NAGENDRAMATTI, MAIN ROAD,
HAVERI, DIST: HAVERI - 581 110.
...PETITIONER
(BY SRI SHRINIVAS KRISHNA NAIK AND
SRI CHETAN S. BHOVI, ADVOCATES)
AND:
1. SMT. RUHITAJ W/O. MAKABOOLAHAMAD TILAVALLI,
AGED ABOUT 27 YEARS, OCC: HOUSEHOLD,
R/O:SHIVABASAVA NAGAR, HAVERI,
NOW AT, SHIVYOGESHWAR NAGAR, 1ST CROSS,
Digitally signed HAVERI, DIST: HAVERI - 581 110.
by V N
BADIGER
Location: High 2. KUM. INSIYA D/O. MAKABOOLAHAMAD TILAVALLI,
Court of
Karnataka AGED ABOUT 4 YEARS,
R/O: SHIVABASAVA NAGAR, HAVERI, NOW AT,
SHIVAYOGESHWAR NAGAR, 1ST CROSS, HAVERI,
DIST: HAVERI - 581 110.
3. KUM. MEHAK D/O. MAKABOOLAHMAD TILAVALLI,
AGED ABOUT 1 YEAR 5 MONTH,
R/O: SHIVABASAV NAGAR, HAVERI,
NOW AT, SHIVAYOGESHWAR NAGAR,
1ST CROSS, HAVERI,
DIST: HAVERI - 581 110.
...RESPONDENTS
(R1 IS SERVED;
R2 AND R3 ARE MINORS REP. BY R1)
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NC: 2024:KHC-D:8808
RPFC No. 100006 of 2024
THIS REVISION PETITION FAMILY COURT IS FILED UNDER
SEC.19(4) OF THE FAMILY COURT ACT, 1984, SET ASIDE THE
JUDGMENT DATED 20.10.2023 PASSED BY THE LEARNED PRINCIPAL
JUDGE FAMILY COURT AT HAVERI, IN CRIMINAL MISCELLANEOUS
NO.140/2022, DATED 20.10.2023, PRODUCED AT ANNEXURE - A, BY
ALLOWING THIS PETITION AND ETC.,
THIS REVISION PETITION FAMILY COURT, COMING ON FOR
ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
1. This petition is by the petitioner - husband being aggrieved by the order, dated 20th October 2023, passed in Crl. Misc. No.140/2022 on the file of the Prl. Judge, Family Court, Haveri, by which the petition filed by respondent Nos.1 to 3 being the wife and the children of the petitioner herein under Section 125 of the Cr.P.C. seeking direction to the petitioner - husband to pay monthly maintenance has been partly allowed directing the petitioner - husband to pay Rs.5,000/- to respondent No.1 - wife and Rs.1,500/- each to respondent Nos.2 & 3 - children, till they get married, from the date of petition.
2. The above petition was filed by the respondents contending that the marriage of the petitioner herein with respondent No.1 was solemnized on 26.04.2017 as per the -3- NC: 2024:KHC-D:8808 RPFC No. 100006 of 2024 Muslim Personal Law. That, respondent Nos.2 & 3 - are the children born to them on on 22.08.2019 & 19.06.2022 respectively. That, initially for about two years, respondent No.1 and the petitioner led happy married life. However, thereafter the petitioner subjected respondent No.1 to physical and mental harassment and cruelty on flimsy & trivial matters including she delivering female child. Even the family members of the petitioner - husband subjected respondent No.1 for harassment, abusing her in the presence of others lowering her image and dignity. They insisted that, respondent No.1 to bring amount enabling the petitioner to purchase a car from her parental house, which was also satisfied. That, the petitioner in collusion with his mother, picked up a quarrel with her demanding additional dowry and inability to meet the requirement she was abused in a filthy language. When after second delivery, she went back to her matrimonial house she was not allowed to enter the home. Unbearable of the harassment and physical abuse, respondent No.1 - wife filed a Police complaint on 02.08.2022 in Crime No.55/2022; due to the -4- NC: 2024:KHC-D:8808 RPFC No. 100006 of 2024 harassment, respondent No.1 suffered severe illness and she was not taken care by the petitioner. That, respondent No.1 had purchased a Scooty for her to use and she was also given certain gold ornaments by her parents. Respondent No.1 become physically infirm due to the mental / physical harassment given to her by petitioner; she had no independent source of income for her life, that she requires Rs.25,000/- p.m. towards her medical and other expenses. That, petitioner had four houses in his name at Nagendranamatti and one Auto bearing registration No.KA-58/0164, from which he was earning Rs.1,000/- per day and that apart he also owning a Car bearing registration No.KA-27/B-1818, from which he was earning Rs.2,000/- per day. He also has income of more than Rs.1,00,000/-. On these grounds, maintenance was sought.
3. The petitioner - husband filed statement of objections admitting the marriage and birth of the children, but denied the allegations of he and his family members -5- NC: 2024:KHC-D:8808 RPFC No. 100006 of 2024 causing physical harassment to respondent No.1 - wife. It is contended that, after the marriage, respondent No.1 refused to lead normal marital life, demanding luxurious life, which could not be afforded by the petitioner; any advice on her, did not make any change, resulting she often getting upset and taking up quarrel and abusing the petitioner, insulting him that he was only an Auto driver and she had better options to marry, but for him. That, respondent No.1 was a B.A. Graduate and was working as a Assistant Computer Operator in the Social Welfare Department and was earning sufficient amount. That, when she was pregnant with second time, the petitioner himself had advised her not to go to the said job as the same would affect on health of the baby, which was not agreed by her, which resulted in she leaving to her parental house. Thereafter, the petitioner had approached the local Jamath. Along with them, he approached the parental house to take her back. However, they were not given any respect. That, respondent No.1 on many occasions had threatened the petitioner - wife of she committing suicide. That, she is -6- NC: 2024:KHC-D:8808 RPFC No. 100006 of 2024 taking undue advantage of innocence of the petitioner at the instigation of the mother and sisters. Respondent No.1 was behaving with cruel manner only to force the petitioner to make separate house. That, the petitioner is always ready and willing to lead happy marital life with the respondents. That, the petitioner is SSLC failed and is working as a Driver in Auto Rickshaw of some other person. He does not have any source of income. He does not own any immovable properties. On the other hand, respondent No.1 was working as Assistant Computer Operator in Social Welfare Department at Haveri and earning Rs.100,00/- per month. She is capable of earning and meeting her requirements, as such she was not entitled maintenance. Hence, sought for dismissal of the petition.
4. The respondent No.1 - wife examined himself as PW1 and got exhibited 21 documents as Exs.P1 to P21 and closed her side. The petitioner - husband examined himself as RW1 and exhibited one document marked as Ex.R1. The parties filed their affidavits of assets and liabilities. The -7- NC: 2024:KHC-D:8808 RPFC No. 100006 of 2024 Family Court, based on the pleadings and evidence framed the points for its consideration and csme to the conclusion that respondent had established the deliberate negligence on the part of the petitioner - husband in not providing maintenance without any reasonable cause and also found that respondent No.1 - wife was not working and considering the resources and ability of the petitioner - husband, directed him to pay monthly maintenance of Rs.5,000/- to respondent No.1 and Rs.1,500/- each to respondent Nos.2 & 3 respectively. Aggrieved by the same, the petitioner - husband is before this Court.
5. Learned counsel appearing for the petitioner reiterating the grounds urged in the memorandum of petition submits that the petitioner - husband neither neglected nor refused to maintain the respondents and he was still ready and willing to lead life with them. It is only the non-cooperation of respondent No.1, which had led to the situation. It is further contended that, the petitioner has no independent source of income as claimed by respondent -8- NC: 2024:KHC-D:8808 RPFC No. 100006 of 2024
- wife. On the other hand respondent No.1 - wife was working as Assistant Computer Operator in Social Welfare Department and earning monthly salary of Rs.8,000/-. As such, these aspects of the matter have not been taken into consideration by the Family Court, while awarding maintenance. Hence, seeks for setting aside of the same.
6. On perusal of the records, it is seen that, there is no dispute with regard to the marital relationship between the petitioner and respondent No.1 and also there is no dispute with regard to respondent Nos.2 & 3 being their children. The Family Court on appreciation of the evidence, more particularly, filing of the complaint by respondent No.1 before the Haveri Woman Police Station in Crime No.55/2022, as per Exs.P7 & P8 alleging harassment at the hands of the petitioner and his family members and the same having not been challenged by the petitioner - husband and has come to the conclusion that, it is only the extreme harassment caused to respondent No.1 by the petitioner and his family members, constrained her to -9- NC: 2024:KHC-D:8808 RPFC No. 100006 of 2024 take extreme steps of lodging the complaint as per Exs.P7 & P8. It also come to the conclusion that, there was thus sufficient materials to hold that the petitioner - husband had refused / neglected to maintain respondents. Though, the petitioner had claimed that he is ready and willing to take back the respondents. No material was produced by him to demonstrate his intention of he taking any steps to lead happy life with them. Further, the Family Court has appreciated the fact that, though, respondent No.1 was B.A. Graduate on and after she becoming pregnant for the second child she admittedly stopped working. It was also held that, merely because she was a B.A. Graduate, it was not sufficient to come to the conclusion that she would be able to maintain herself.
7. On the other hand, the petitioner who is admittedly earning from his Auto Rickshaw and also owning a Car as per Ex.P4, which was sufficient enough to come to the conclusion that he was capable of earning / providing maintenance to the respondents. Accordingly, the Family
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NC: 2024:KHC-D:8808 RPFC No. 100006 of 2024 Court awarded monthly maintenance amount of Rs.5,000/- to respondent No.1 - wife and Rs.1,500/- each to respondent Nos.2 & 3 - children, till they attain the age of marriage, from the date of petition.
8. The monthly maintenance awarded by the Family Court based on the evidence, facts & circumstances of the matter and the same, as opined by the Family Court at paragraph No.34 are to meet the basic requirements of foot, cloth, shelter, medicine and education, and the same cannot be found to be excess or exorbitant.
9. No grounds are made out warranting interference. Accordingly, the petition is dismissed.
SD/-
JUDGE VNP*/CT-ASC List No.: 1 Sl No.: 20