Karnataka High Court
Sri.M.S.Girish Murthy vs Smt. K.M.Uma Maheswari on 13 January, 2023
Bench: Hemant Chandangoudar
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 13TH DAY OF JANUARY, 2023
BEFORE
THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR
R.P.F.C.NO.136/2017
BETWEEN:
SRI. M.S. GIRISH MURTHY
S/O LATE S. SHIVANANJAIAH
AGED ABOUT 45 YEARS
R/AT MADAPURA VILLAGE (KODAGALA)
HAMPAPURA HOBLI, H.D. KOTE TALUK
MYSURU DISTRICT-571 125.
...PETITIONER
(BY SRI CHANDRASHEKAR P. PATIL, ADVOCATE)
AND:
1. SMT. K.M. UMA MAHESWARI
D/O LATE MALLANNA
AGED ABOUT 39 YEARS
2. G MAHANTESH PRASAD
S/O M.S. GIRISH MURTHY
AGED ABOUT 15 YEARS
MINOR REPRESENTED BY HIS
MOTHER RESPONDENT NO.1
BOTH ARE RESIDING AT: I BLOCK
NO.4, AIISH LAYOUT, MYSORE-570001.
...RESPONDENTS
(BY SRI C.M. JAGADEESH, ADVOCATE FOR R-1;
R-2 IS MINOR REP. BY R-1)
2
THIS RPFC IS FILED UNDER SECTION 19(4) OF THE
FAMILY COURT ACT, AGAINST THE JUDGMENT DATED 10.5.2017
PASSED IN C.MISC NO.433/2015 ON THE FILE OF THE PRL.
JUDGE, FAMILY COURT, MYSURU PARTLY ALLOWING THE
PETITION FILED UNDER SECTION 127 OF CR.P.C FOR
MAINTENANCE
THIS RPFC COMING ON FOR ADMISSION THIS DAY, THE
COURT MADE THE FOLLOWING:
ORDER
This petition is filed challenging the order dated 10.5.2017
passed in C.Misc. No.433/2015 by the Principal Judge, Family
Court, Mysuru, enhancing the maintenance of Rs.1,500/- p.m. to
Rs.6,000/- p.m. to the 1st petitioner and from Rs.2,500/- p.m.
to Rs.4,000/- p.m. to the 2nd petitioner therein.
2. The learned counsel appearing for the petitioner -
husband submits that the respondents had filed an application
for enhancement of maintenance of Rs.4,000/- p.m. to
Rs.7,500/- p.m. before the Trial Court, however, the Trial Court
contrary to the claim and also the evidence on record has
enhanced the total compensation to Rs.10,000/- p.m. payable to
the respondents, and the same is impermissible.
3. The learned counsel appearing for the respondents
submits that the Trial Court taking into account the evidence on
record has rightly passed the impugned order and the same does
not warrant any interference.
4. I have examined the submissions made by the
learned counsel appearing for the parties.
5. It is undisputed that the respondents filed a petition
under Section 127 of Cr.PC for enhancement of maintenance
from Rs.4,000/- p.m. to Rs.7,500/- p.m., however, the Trial
Court enhanced the maintenance to Rs.10,000/- p.m. The
petitioner has been paying the maintenance of Rs.8,000/- p.m.
by virtue of the interim order passed by this Court on 27.9.2018
till date. Hence, it would suffice that the enhanced maintenance
is reduced from Rs.10,000/- p.m. to Rs.8,000/- p.m.
Accordingly, I pass the following:
ORDER
i) The petition is allowed.
ii) The impugned order dated 10.5.2017 passed in
C.Misc. No.433/2015 by the Principal Judge, Family Court,
Mysuru is modified. The petitioner herein is directed to pay
maintenance of Rs.5,000/- p.m. to the 1st respondent - wife and
Rs.3,000/- p.m. to the 2nd respondent - son till he attains the
age of majority from 10.5.2017. It is needless to say that the
petitioner is under an obligation to deposit the arrears of
maintenance, if any, before the Trial Court.
Sd/-
JUDGE
bkm
