Sri. Srinivas D Siriyannavar vs Smt. K B Mamatha
2023 Latest Caselaw 4375 Kant

                                             -1-
                                                      NC: 2023:KHC:24289
                                                         RPFC No. 159 of 2023




                   IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 13TH DAY OF JULY, 2023

                                          BEFORE

                          THE HON'BLE MR JUSTICE H.P.SANDESH

                          REV.PET FAMILY COURT NO. 159 OF 2023

                   BETWEEN:

                   SRI. SRINIVAS D SIRIYANNAVAR
                   AGED ABOUT 51 YEARS
                   S/O DURGAPPA SIRIYANNAVAR
                   M E (ENDG. SYS. ENGR) PGDEM
                   PGDCA, LECTURER, T.M.A.E
                   POLYTECHNIC COLLEGE
                   BELLARY ROAD, HOSPET 583201
                   BELLARY DISTRICT
                                                                ...PETITIONER
                   (BY SRI. SIDDHARTH SUMAN, ADVOCATE)

                   AND:

                   1.   SMT. K B MAMATHA
Digitally signed        AGED ABOUT 41 YEARS
by SHARANYA T
Location: HIGH          W/O SRINIVAS D SIRIYANNAVAR
COURT OF                HOUSEWIFE
KARNATAKA

                   2.   MASTER SHREYAS
                        AGED ABOUT 15 YEARS
                        S/O SRINIVAS D SIRIYANNAVAR
                        5TH STANDARD

                   3.   KUM SPOORTHI
                        AGED ABOUT 13 YEARS
                        D/O SRINIVAS D SIRIYANNAVAR
                        3RD STANDARD

                        PETITIONERS 2 AND 3 ARE MINORS
                              -2-
                                      NC: 2023:KHC:24289
                                        RPFC No. 159 of 2023




    REP. BY THEIR NEXT FRIEND
    NATURAL MOTHER
    SMT K B MAMATHA

    ALL ARE R/O C/O B G KANNANNAVAVAR
    HOUSE NO 250/MIG, PARVATHI NILAYA,
    F BLOCK, II STAGE, KALLAHALLI HUDCO
    (KHB) VINOBHANAGAR
    SHIVAMOGGA CITY 577214

                                             ...RESPONDENTS

     THIS RPFC IS FILED UNDER SECTION 19(4) OF FAMILY
COURT ACT, AGAINST THE ORDER DATED 07.03.2023 PASSED
IN CRL. MISC. NO.133/2017 ON THE FILE OF THE PRINCIPAL
JUDGE, FAMILY COURT, SHIVAMOGGA, ALLOWING THE
PETITION FILED UNDER SECTION 125 OF Cr.P.C. FOR
CLAIMING MAINTENANCE.

     THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
THE COURT MADE THE FOLLOWING:

                            ORDER

This petition is filed challenging the order dated

07.03.2023 passed in Crl.Misc.No.133/2017 by the

Principal Judge, Family Court, Shivamogga.

2. This matter is listed for admission. Heard the

learned counsel for the petitioner.

3. The challenge made in this petition is that

granting of maintenance of Rs.15,000/- each to wife and

NC: 2023:KHC:24289 RPFC No. 159 of 2023

other two children is exorbitant and also the counsel

contend that the parents have also filed criminal

miscellaneous and the same is compromised before the

Lok-Adalath and he is paying maintenance of Rs.20,000/-

to their parents also. The counsel also vehemently contend

that Ex.R1 is produced to show that the wife is also

working. The counsel would also submit that he is getting

only salary of Rs.90,000/- after deduction of loan payment

and the document discloses that he was drawing salary of

Rs.1,66,044/- in the month of August, 2021 as per Ex.R2 /

Ex.P10 and he is making payment towards loan amount.

Hence, the amount awarded by the trial Court is on higher

side.

4. Having perused the order of the trial Court, the

trial Court while considering the contention of respondent

No.1 in paragraph No.25 taken note of the admission

given by PW.1 in the cross-examination that in terms of

Ex.R1 her salary was only Rs.9,000/- per month, but she

gives an explanation in her evidence dated 06.08.2021

NC: 2023:KHC:24289 RPFC No. 159 of 2023

that due to Covid-19 School authorities paying only

Rs.5,000/- per month. In her affidavit of discloser of

assets and liabilities dated 17.02.2022 she has stated that

her monthly income was Rs.10,000/- and taken note of

her income also. It is also important to note that the trial

Court while considering the capability of the payment of

maintenance in paragraph No.32 taken note of Ex.P2 and

also Ex.P10. Ex.P10 is clear that he was getting salary of

Rs.1,66,044/-. The trial Court in para No.34 taken note of

the fact that he is paying Rs.20,000/- to his parents as per

the order of Family Court, Dharwad. Admittedly,

Crl.Misc.No.146/2017 was also settled and compromised

before the Lok-Adalath. The trial Court taken note of the

contention of the petitioner herein that he has to pay

Rs.48,000/- towards medical, vehicle and laptop loan and

produced Exs.R3, R4, R5 and R6 and comes to the

conclusion that in the cross-examination he has

categorically admitted that loan was availed by him and it

was closed on 02.01.2022 and April, 2022. Hence, the

contention of the petitioner herein is not accepted. It is

NC: 2023:KHC:24289 RPFC No. 159 of 2023

also his case that he has to pay Rs.3,500/- towards rent,

Rs.6,000/- towards mess and Rs.10,000/- to the

petitioners as per judgment and decree of O.S.No.5/2011,

but no documents produced by him to corroborate the

same.

5. In detail, the trial Court discussed in para

Nos.35 and 36 and comes to a conclusion that Rs.15,000/-

reasonable to both wife and other two children and on

perusal of the records also petitioner Nos.2 and 3 are the

school going children. When the petition was filed in the

year 2017, they are aged about 10 years and 8 years

respectively and to substantiate that they are studying,

produced the documents issued by concerned school i.e.,

study certificate issued by Cambridge International Public

School, Shivamogga in respect of both son and daughter

and also produced the documents for having paid fees to

the school in terms of Exs.P.44, 45, 46 and 47.

6. Having taken note of the material on record

when he was getting salary of Rs.1,66,044/- in the year

NC: 2023:KHC:24289 RPFC No. 159 of 2023

2021, even though taking care of the parents under the

same time, he has to take care of wife and two children

who are pursuing their education also. Merely, the wife is

getting salary of Rs.10,000/- in terms of Ex.R1 and the

same cannot be a ground to reject the claim of the wife. In

order to maintain herself and her two children, it appears

that she joined a temporary job in terms of Ex.R1. Hence,

I do not find any error committed by the trial Court in

awarding maintenance of Rs.15,000/- each to petitioner

Nos.1 to 3.

7. Learned counsel would submit that he is also

paying maintenance of Rs.10,000/- in original suit and

having considered the order of trial Court towards

maintenance of Rs.15,000/- each and no need to pay

again Rs.10,000/- as awarded in original suit. The trial

Court also having taken note of the status of the petitioner

herein, determined the maintenance of Rs.15,000/- each.

The trial Court had taken note of the said contention that

awarding of Rs.10,000/- in the suit, the petitioner herein

NC: 2023:KHC:24289 RPFC No. 159 of 2023

has not produced any documents for having paid the

Rs.10,000/- as awarded in the original suit. Hence

considered the same and if it is paid in view of the order

passed in original suit, the same has to be deducted out of

the award made by the trial Court i.e., Rs.15,000/- each.

Hence, no merit in the petition. In view of discussion made

above, the petition is dismissed.

Sd/-

JUDGE

SSB