Maruti S/O Kariyappa Talemani vs Shanta W/O Maruti Talemani
2022 Latest Caselaw 10228 Kant

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                                   RPFC No. 100171 of 2017


 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

          DATED THIS THE 04TH DAY OF JULY, 2022

                         BEFORE
          THE HON'BLE MR JUSTICE E.S.INDIRESH
       REV.PET FAMILY COURT NO. 100171 OF 2017 (-)
BETWEEN:

MARUTI S/O KARIYAPPA TALEMANI
AGE: 57 YEARS, OCC: AGRICULTURE,
R/O: KHANGAON BUDRUK,
POST: KHANGAO K.H.,
TAL and DIST: BELAGAVI.

                                            ...PETITIONER

(BY SRI. SHIVARAJ S. BALLOLLI, ADVOCATE)

AND:

SHANTA W/O MARUTI TALEMANI
AGE: 52 YEARS, OCC: H/W,
R/O: C/O. YALLAPPA GADAKARI
PLOT NO.1305, VANTMURI COLONY
M.M. EXTENSION, BELAGAVI-590001.

                                           ...RESPONDENT

       THIS RPFC IS FILED UNDER SECTION 19(4) OF THE
FAMILY COURT ACT, 1984, AGAINST THE JUDGMENT AND
ORDER DTD:27.10.2017, IN CRL.MISC. NO.108/2016, ON THE
FILE OF THE JUDGE, FAMILY COURT, BELGAVI, ALLOWING
THE PETITION FILED UNDER SEC.127 OF CR.P.C.

       THIS PETITION COMING ON FOR ORDERS THIS DAY.
THE COURT MADE THE FOLLOWING.
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                                              RPFC No. 100171 of 2017


                                  ORDER

This Revision Petition is filed by the respondent in Crl. Misc.

No.108/2016 on the file of the Family Court, Belagavi, challenging

the order dated 27.10.2017 allowing the petition in part.

2. For the sake of convenience, the parties to this petition

shall be referred to in terms of their status and ranking before the

Family Court.

3. It is the case of the petitioner-wife that, she had filed

Crl.Misc.No.69/2004 before the Family Court, Belagavi, seeking

maintenance under Section 125 Code of Criminal Procedure, which

came to be allowed by awarding maintenance of Rs.750/- per

month. Thereafter, the petitioner-wife has filed

Crl.Misc.No.108/2016 on the file of the Family Court, Belagavi,

under Section 127 Code of Criminal Procedure, seeking

enhancement of maintenance granted under Section 125 Code of

Criminal Procedure in Crl.Misc.No.69/2004. It is the case of the

petitioner-wife that it is difficult for her to lead life with maintenance

of Rs.750/- per month and accordingly sought for enhancement of

the maintenance.

RPFC No. 100171 of 2017

4. After service of notice the respondent entered

appearance and filed detailed objection denying the averments

made in the petition. The Family Court after considering the

material on record, by its order dated 27.10.2017, allowed the

petition in part and awarded monthly maintenance of Rs.2,000/- to

the petitioner-wife. Being aggrieved by the same the respondent -

husband has preferred this petition.

5. Heard Sri. Shivaraj S. Balloli, learned counsel

appearing for the petitioner and perused the impugned order.

6. Shivaraj S. Ballolli learned counsel appearing for the

petitioner contended that the reasons assigned by the Family Court

enhancing the maintenance is incorrect due to the fact that the

respondent is aged about 57 years and therefore, he sought for

interference of this Court.

7. Having heard the learned counsel appearing for the

petitioner, it is not in dispute that the Family Court has awarded

Rs.750/- per month to the petitioner-wife in Crl.Misc.No.69/2004

and thereafter it was enhanced to Rs.2,000/- per month in Crl.

Misc.No.108/2016. Taking into account the fact that the petitioner-

wife is residing at Belagavi City, which requires enhancement of

RPFC No. 100171 of 2017

maintenance on account of the escalation of the price of essential

commodities, I do not find any acceptable ground to interference

with the order passed by the Family Court. Accordingly the petition

is dismissed.

Sd/-

JUDGE

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