Karnataka High Court
Shantabai vs Vaijanath on 23 October, 2025
Author: M.G.S.Kamal
Bench: M.G.S.Kamal
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NC: 2025:KHC-K:6208
RPFC No. 200027 of 2025
C/W RPFC No. 200083 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 23RD DAY OF OCTOBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE M.G.S.KAMAL
REV.PET FAMILY COURT NO. 200027 OF 2025
C/W
REV.PET FAMILY COURT NO. 200083 OF 2025
IN RPFC NO. 200027/2025:
BETWEEN:
SHANTABAI W/O VAIJANATH GOLE,
AGE: 65 YEARS, OCC: NIL,
R/O.H.NO.11-1400/7/B,
BIDDAPUR, KALABURAGI,
NOW AT C/O MALLIKARJUN WADDANKERI,
PLOT NO.96, GDA PLOT I,
Digitally signed
by SACHIN VEERENDRA PATIL NAGAR,
Location: HIGH SEDAM ROAD, KALABURAGI-586 101.
COURT OF ...PETITIONER
KARNATAKA
(BY SMT. RAJESHWARI JAMADAR, ADVOCATE)
AND:
VAIJANATH S/O PARAMESHWAR GOLE,
AGE: 68 YEARS, OCC: VRS SBH,
GULBARGA AND AGRICULTURIST,
R/O. V. K SALAGAR, TQ. ALAND,
DIST. KALABURAGI-585101.
...RESPONDENT
(BY SMT. REKHA PATIL, ADVOCATE FOR
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NC: 2025:KHC-K:6208
RPFC No. 200027 of 2025
C/W RPFC No. 200083 of 2025
HC-KAR
SRI. G. G. CHAGASHETTI, ADVOCATE)
THIS RPFC IS FILED UNDER SECTION 19(4) OF THE
FAMILY COURTS ACT, PRAYING TO MODIFY THE JUDGMENT
AND DECREE DATED 20.04.2024 PASSED BY THE PRINCIPAL
JUDGE, ADDL. FAMILY COURT KALABURAGI IN
CRL.MISC.NO.54/2022 AND ENHANCE THE MAINTENANCE
AMOUNT 5,000/- TO 30,000/- PER MONTH.
IN RPFC.NO. 200083/2025:
BETWEEN:
VAIJANATH S/O PARAMESHWAR GOLE,
AGE: 73 YEARS, OCC: VRS SBH KALABURAGI,
R/O. V. K. SALAGAR, TQ. KAMALAPUR,
DIST. KALABURAGI-585106.
...PETITIONER
(BY SMT. REKHA PATIL, ADVOCATE FOR
SRI. G. G. CHAGASHETTI, ADVOCATE)
AND:
SHANTABAI W/O VAIJANATH GOLE,
AGE: 65 YEARS, OCC : NIL,
R/O. H NO.11-1400/7/B, BIDDAPUR COLONY,
NOW R/AT C/O MALLIKARJUN, WADANKERI,
PLOT NO.96, GDA PLOT NO.1,
VEERENDRA PATIL NAGAR, SEDAM ROAD,
KALABURAGI-585103.
...RESPONDENT
(BY SMT. RAJESHWARI JAMADAR, ADVOCATE)
THIS RPFC IS FILED UNDER SECTION 19(4) OF THE
FAMILY COURTS ACT, PRAYING TO ALLOW THIS REVISION
PETITION BY SETTING ASIDE THE ORDER DATED 20.04.2024
PASSED BY THE PRL. JUDGE, ADDL. FAMILY COURT,
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NC: 2025:KHC-K:6208
RPFC No. 200027 of 2025
C/W RPFC No. 200083 of 2025
HC-KAR
KALABURAGI IN CRL.MISC NO.54/2022 AND DISMISS THE
CRL.MISC NO.54/2022.
THESE PETITIONS, COMING ON FOR ADMISSION, THIS
DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE M.G.S.KAMAL
ORAL ORDER
(PER: HON'BLE MR. JUSTICE M.G.S.KAMAL) This RPFC No.200027/2025 is by the wife being aggrieved by the order dated 20.04.2024 passed in Crl.Misc.No.54/2022 on the file of Principal Judge, Additional Family Court, Kalaburagi seeking enhancement of maintenance from Rs.5,000/- to Rs.30,000/- granted by the Additional Family Court, Kalaburagi in Crl.Misc.No.54/2022 dated 20.04.2024.
2. The petitioner-wife is aged about 65 years while the respondent-husband is aged about 68 years. They having lived as husband and wife, with two daughters, a son, of which one son and a daughter are settled in the United States of America while another -4- NC: 2025:KHC-K:6208 RPFC No. 200027 of 2025 C/W RPFC No. 200083 of 2025 HC-KAR daughter is residing in Bengaluru, are before this Court with a dispute on maintenance amount.
3. The allegation in the petition is that respondent-husband who was working in State Bank of Hyderabad, having retired from the services in the year 2002-2003, has been residing at V.K.Salgar Village in illicit relationship with his niece for over 33 years, has completely neglected the petitioner-wife. It is however admitted that the respondent-husband had constructed as house on Plot No.44 situated Biddapur Colony, Kalaburagi and had gifted the same in favour of the petitioner on 03.06.2017. However, the said house is now in a dilapidated condition and the petitioner is not able to reside therein. Consequently, she is residing with her brother at No.11-1400/7/B. That she has no independent source of income. That the respondent-husband is receiving the pension of Rs.55,000/- per month. Besides, he is also possessing vast tracts of agricultural lands yielding income of Rs.15-20 lakhs per annum. Despite he -5- NC: 2025:KHC-K:6208 RPFC No. 200027 of 2025 C/W RPFC No. 200083 of 2025 HC-KAR being capable of providing maintenance to petitioner-wife, has deliberately neglected. Constraining her to approach the trial Court seeking maintenance in a sum of Rs.30,000/- per month, however the trial Court has granted only a sum of Rs.5,000/- which is inadequate. As such, she has filed the present petition seeking enhancement of said maintenance amount from Rs.5,000/- to Rs.30,000/-.
4. In response, the counsel appearing for the respondent/husband who has also filed a petition in RPFC No.200083/2025 challenging the very same order contend that the house which is admittedly gifted in favour of petitioner consists of five rooms and portion of it, has been rented and the petitioner/wife is receiving rental incomes from the said house. She further contends that the respondent/husband has borrowed financial assistance from the financial institutions for the purpose of construction of house and for education purposes of children which he is still continuing to repay till date. That -6- NC: 2025:KHC-K:6208 RPFC No. 200027 of 2025 C/W RPFC No. 200083 of 2025 HC-KAR he is receiving pension of Rs.30,000 and not Rs.55,000/- as contented by the petitioner.
5. She further submits the respondent is even now ready and willing to carry out the repair of the house, if any, if the petitioner permits him to carry out the same. Hence seeks for dismissal of the petition.
6. Heard. Perused the records.
7. It is unfortunate that the petitioner and the respondent at this evening time of their life are before the Courts for the purpose of determination of maintenance amount. Records revealed that their three children having acquired degree in Engineering, two of them are settled in the United States of America and one in Bengaluru. However, the marital discord between the petitioner and the respondent has resulted this litigation to linger on.
8. The trial Court taking into consideration of the rival claims of the parties has granted maintenance Rs.5,000/- per month. The trial Court has also taken note -7- NC: 2025:KHC-K:6208 RPFC No. 200027 of 2025 C/W RPFC No. 200083 of 2025 HC-KAR of the fact that though the petitioner has contented the house gifted in her favour by respondent having become dilapidated, she has not produced any material in this regard. The respondent on the other hand has shown his readiness and willingness to carry out the repair of the said house.
9. Further though the petitioner has claimed the respondent is receiving Rs.55,000/- as pension amount, the respondent has contended that he is receiving only Rs.30,000/- as pension.
10. Considering the age of the parties, their financial and social status, this Court is of the considered view that the maintenance amount be enhanced to Rs.10,000/- by adding Rs.5,000/- to the maintenance amount already granted by the trial Court which would meet the ends of justice. The enhanced maintenance amount shall become payable from this date. -8-
NC: 2025:KHC-K:6208 RPFC No. 200027 of 2025 C/W RPFC No. 200083 of 2025 HC-KAR
11. It is upto the parties to amicably resolve the matter with the aid and advise of their children including to carry out the repairs of the house, if need be.
Petitions are disposed of accordingly.
Sd/-
(M.G.S.KAMAL) JUDGE SN/List No.: 1 Sl No.: 22 CT:PK