Karnataka High Court
Sri Maltesh Bhat S/O Hanmant Bhat ... vs Smt Anitha Pujar W/O Malatesh Bhat on 1 June, 2022
Bench: E.S.Indireshpresided Byesij
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RPFC No. 100051 of 2022
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 01st DAY OF JUNE, 2022
BEFORE
THE HON'BLE MR JUSTICE E.S.INDIRESH
REV.PET FAMILY COURT NO. 100051 OF 2022
BETWEEN:
SRI MALTESH BHAT S/O HANMANT BHAT PUJAR
AGE. 51 YEARS, OCC. ARCHAK
R/O. CHOLACHAGUDDA, TQ. BADAMI
DIST. BAGALKOT-587201
...PETITIONER
(BY SRI. ANAND DESAI, ADVOCATE FOR
SRI. J S SHETTY ASSOCIATES, ADVOCATE)
AND:
SMT ANITHA PUJAR W/O MALATESH BHAT
AGE. 37 YEARS, OCC. HOUSEHOLD WORK,
R/O. VASANT SING JAMADAR NAGAR,
NEAR BANNIKATTI,
HULIGOL ROAD, BETAGERI
DIST. GADAG
...RESPONDENT
(SRI. GOURISHANKAR MOT, ADVOCATE FOR RESPONDENT)
THIS RPFC FILED UNDER SEC.19(4) OF THE FAMILY COURT
ACT, AGAINST THE JUDGMENT AND ORDER DATED 11.11.2021, IN
CRL.MISC. NO.223/2019, ON THE FILE OF THE PRINCIPAL JUDGE,
FAMILY COURT, GADAG, PARTLY ALLOWING THE PETITION FILED
UNDER SEC.125 OF CR.P.C.
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RPFC No. 100051 of 2022
THIS RPFC COMING ON FOR ORDERS THIS DAY, THE COURT
MADE THE FOLLOWING:
ORDER
This Revision Petition is filed by the respondent in
Crl. Misc. No.223/2019 on the file of the Principal
Judge, Family Court, Gadag, assailing the order
dated 11.11.2021, allowing the petition in part.
2. For the sake of convenience the parties to this
revision petition are referred to as per their ranking
before the Family Court.
3. It is the case of the petitioner before the Family
Court that the marriage between the petitioner and
the respondent was solemnized on 15.12.2015 as per
the prevailing customs of the parties. It is further
stated in the petition that after few months in the
matrimonial home, the respondent started ill-treating
the petitioner/wife and as such a Panchayat was
conducted among the parties. However, even after
panchayat, the respondent neglected to maintain the
RPFC No. 100051 of 2022
petitioner and accordingly the petitioner was
constrained to file Crl. Misc. No.223/2019 before the
Family Court seeking maintenance. It is also stated in
the claim petition that on account of the ill-treatment
and the physical injury caused to the petitioner, the
petitioner was constrained to lodge a complaint in
Crime No.109/2019 for the offences punishable
under Sections 498-A, 506 of IPC read with Section
34 of IPC. It is the case of the petitioner that the
respondent has neglected to maintain her. It is also
stated that, the respondent is a Priest at
Banashankari Devi Temple, Banashankari, Badami
taluka, and is having immoveable properties and
therefore, it is the case of the petitioner that she is
entitled for maintenance from the respondent.
4. On service of notice, the respondent entered
appearance and filed detailed objection denying the
averments made in the petition. To prove their case,
the petitioner was examined as P.W.1 and she has
RPFC No. 100051 of 2022
produced 11 documents and the same were marked
as Ex.P.1 to P.11. On the other hand, the respondent
was examined as R.W.1 and he has produced 4
documents and the same were marked as Ex.R.1 to
Ex.R.4. The Family Court, after considering the
material on record, by order dated 11.11.2021
allowed the claim petition in part and directed the
respondent therein to pay an amount of Rs.10,000/-
per month as maintenance to the petitioner. Feeling
aggrieved by the same, the respondent/husband filed
this petition.
5. Heard Sri. Anand Desai, for Sri. J.S.Shetty, learned
counsel for the petitioner and Sri. Gourishankar Mot,
learned counsel appearing for the respondent.
6. Learned counsel appearing for the petitioner
contended that, the finding recorded by the trial
Court that the respondent has willfully neglected the
petitioner is incorrect and also submitted that the
award of Rs.10,000/- per month as maintenance by
RPFC No. 100051 of 2022
the Court below is on the higher side, which requires
to be interfered with, in this petition.
7. Per contra, learned counsel representing the
respondent sought to justify the impugned order
passed by the Family Court.
8. Having heard the learned counsel appearing for the
parties, it is not in dispute that the marriage of the
petitioner was solemnized on 15.12.2015 at
Banashankari village of Badami taluka and the
careful consideration of the impugned order would
indicate that the respondent herein was driven to file
complaint against the petitioner herein in Crime
No.109/2019 for the offences punishable under
Sections 498-A and 506 read with Section 34 of IPC.
It is also forthcoming from the impugned order that
the petitioner is residing in her parental house.
Though the petitioner herein has filed affidavit with
regard to the monthly income arrived at by him,
however, perusal of the record would indicate that,
RPFC No. 100051 of 2022
the petitioner is a Priest in Banashankari Devi Temple
at Banashankari, Badami taluka. Though it is argued
that once in six years, the branch of the petitioner's
family will get the turn of doing Pooja in the Temple,
it is countered by the learned counsel for the
respondent that the respondent is a member of Gram
Panchayat and is having sufficient means to provide
maintenance to the petitioner/wife. However, the
said aspect has not been countered by the learned
counsel appearing for the petitioner. After having
noticed the finding recorded by the trial Court that
the respondent/husband has purchased a Duster Car
by paying an amount of Rs.10,49,400/-, I am of the
view that the petitioner herein is capable of making
payment of Rs.10,000/- per month as maintenance
to the respondent-wife and also to pay costs of the
litigation of Rs.5,000/- as ordered by the trial Court
and in addition to that Rs.10,000/- to be payable to
the respondent/wife to pursue the litigation in this
RPFC No. 100051 of 2022
revision petition also. Resultantly, petition is
dismissed.
9. In view of the disposal of the revision petition, no
further orders are required to be made on the I.As.
pending.
10. The amount in deposit made before this Court be
transmitted to the Principal Judge, Family Court,
Gadag, forthwith.
Sd/-
JUDGE
SVH
