Karnataka High Court
Sri Lohitkumar S/O Goneppa ... vs Smt. Pushpa @ Aruna W/O Lohitkumar ... on 7 December, 2023
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RPFC No. 100208 of 2022
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 7TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MRS JUSTICE K.S.HEMALEKHA
REV.PET FAMILY COURT NO.100208 OF 2022
BETWEEN:
SRI. LOHITKUMAR
S/O. GONEPPA HONNAPPANVAR,
AGE: 33 YEARS, OCC: AGRICULTURE,
R/O: HOLALU 583217, TQ: HUVINAHADAGALI,
DIST: VIJAYANAGAR.
...PETITIONER
(BY SRI. SADANAND M.K. ADVOCATE FOR
SRI. K.S. PATIL, ADVOCATE)
AND:
SMT. PUSHPA @ ARUNA
W/O LOHITKUMAR HONNAPPANAVAR,
AGE: 26 YEARS, OCC: HOUSEHOLD,
R/O: HOLALU 583217, TQ: HUVINAHADAGALI,
DIST: VIJAYANAGAR.
NOW AT: C/O SADASHIVAPPA
Digitally
signed by S/O HANUMANTAPPA HANAGALLA,
VISHAL
VISHAL NINGAPPA R/O: DEVI HOSUR, TQ AND DIST. HAVERI.
NINGAPPA PATTIHAL
PATTIHAL Date: ...RESPONDENT
2023.12.14
11:34:30 (BY SRI. VIDYASHANKAR G.DALWAI, ADVOCATE)
+0530
THIS R.P.F.C IS FILED UNDER SECTION 19(4) OF FAMILY
COURTS ACTS 1984, PRAYING TO A) CALL FOR THE RECORDS IN
CRL. MISC. NO. 56/2022 ON THE FILE OF FAMILY COURT AT HAVERI
B) SET ASIDE THE JUDGMENT DATED 11.10.2022 IN CRL. MISC. NO.
56/2022 PASSED BY THE JUDGE, FAMILY COURT AT HAVERI.
THIS R.P.F.C, COMING ON FOR ADMISSION, THIS DAY, THE
COURT MADE THE FOLLOWING:
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RPFC No. 100208 of 2022
ORDER
The present petition by the husband assailing the
impugned order, dated 11.10.2022 in Crl.Misc.
No.56/2022 on the file of the Family Court, Haveri,
whereby, the petition filed by the wife under Section 125
of Cr.P.C came to be allowed in part directing the husband
- petitioner herein to pay the monthly maintenance of
₹6,000/- to the wife, from the date of filing of the petition,
till she remarries or till the order is modified.
2. The relationship between the petitioner and the
respondent is not in dispute and the marriage being
solemnized on 16.06.2019 at Sri Taralabalu Samudaya
Bhavan of Holalu village, Huvinahadagali Taluk as per the
hindu customs and rituals prevailing in their community. It
appears that due to uncordial relationship, the petitioner
and the respondent are living separately. The wife filed
petition seeking maintenance of ₹50,000/- per month
under Section 125 Cr.P.C. stating that the husband has
willingly neglected to maintain his wife, in spite of having
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sufficient income. The husband filed objections to the said
petition, inter alia contending that he has no source of
income and stated that he is residing in the joint family
and he has got a responsibility to look after his old age
mother, brother and sister-in-law and their children and
his widow sister and her two children and he is always
ready and willing to take the petitioner to his house to
lead the marital life and in spite of his efforts to bring her
back, his wife has failed to join the marital life and the
wife is not entitled for any maintenance as sought for. It is
further stated that he has also made his efforts to take
back his wife to his matrimonial home and has filed M.C.
No.31/2022 for restitution of conjugal rights.
3. The trial Court on the basis of the pleadings,
framed the following points for consideration:
1. Whether the petitioner is entitled
for maintenance as sought for?
2. What order?
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4. The wife in order to substantiate her claim,
examined herself as PW.1 and got marked documents at
Ex.P.1 to P.38. On the other hand, husband got himself
examined as RW.1 and got marked documents at Ex.R.1
to R.8.
5. The trial Court based on the pleadings, oral and
documentary evidence held that the husband being an
able bodied person he is under statutory duty to maintain
his wife and directed the husband to pay a monthly
maintenance of ₹6,000/- to the petitioner from the date of
filing of the petition, till she remarries or till the order is
modified. Aggrieved by the granting of maintenance, the
present petition by the husband.
6. Heard Sri.Sadanand M.K for Sri. K.S.Patil,
learned counsel appearing for petitioner and
Sri. Vidyashankar G.Dalwai, learned counsel appearing for
the respondent and perused the materials placed before
the Court.
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7. The object of Section 125 of Cr.P.C. is to
provide social justice which has been enacted to protect
the weaker section of the Society like the women and
children. The object is to compel a man to perform his
moral obligations towards the society in respect of
maintaining his wife, children and old parents, so that,
they are not put to destitution and become the liability of
the society and may forced to adopt a life of vagrancy,
immorality and crime for their subsistence or go astray.
The proceedings are summary in nature and provide for
speedy remedy against starvation of a deserted wife,
children or indigent parents. The proceedings under
Section 125 of Cr.P.C., are not final and the parties are at
liberty to agitate their rights in the Civil Court.
8. The Family Court, by considering the said
aspect has arrived at a conclusion that the husband is
under bounden duty to maintain his wife who is unable to
maintain herself. The Family Court order of maintenance
is just meager enough for her sustenance and the order of
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the Family Court does not warrant any interference by this
Court.
9. The manner in which, the Family Court has
arrived at a conclusion, determining the income of the
husband and maintenance to be paid by the husband, this
Court is of the considered view that the same does not
warrant any interference by this Court. Accordingly, this
Court pass the following:
ORDER
i) The revision petition filed by the
husband is hereby dismissed.
ii) The impugned order passed by the
Family Court stands confirmed.
iii) The amount in deposit, if any, the wife is
permitted to withdraw the same on
proper identification.
Sd/-
JUDGE
PJ, CT: UMD
