Mr. Prem James Lobo vs Mrs. Joyce Usha Pinto
2023 Latest Caselaw 3108 Kant

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                                                       NC: 2023:KHC:19778
                                                          RPFC No. 109 of 2023




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                             DATED THIS THE 9TH DAY OF JUNE, 2023

                                            BEFORE

                             THE HON'BLE MR JUSTICE H.P.SANDESH

                            REV.PET FAMILY COURT NO. 109 OF 2023

                   BETWEEN:

                   1.    MR. PREM JAMES LOBO
                         S/O JORGE LOBO,
                         AGED ABOUT 54 YEARS,
                         R/AT "JASMINE VILLA",
                         DOOR NO.14-21/23,
                         RONALD RAVIN SERRAO ROAD,
                         KULASHEKAR,
                         MANGALURU-575005(DK).
                                                            ...PETITIONER
                              (BY SRI. M. SUDHAKAR PAI, ADVOCATE)
                   AND:

                   1.    MRS. JOYCE USHA PINTO
                         W/O PREM JAMES LOBO,
                         AGED ABOUT 46 YEARS,
Digitally signed
by SHARANYA T
Location: HIGH     2.    SWEEZLE LOBO
COURT OF
KARNATAKA                D/O PREM JAMES LOBO,
                         AGED ABOUT 17 YEARS,

                   3.    SIONNA LOBO
                         D/O PREM JAMES LOBO,
                         AGED ABOUT 14 YEARS,

                         RESPONDENTS No.2 AND 3 ARE MINORS,
                         REP. BY THEIR GUARDIAN AND MOTHER,
                         RESPONDENT NO.1

                         ALL ARE R/AT "JASMINE VILLA",
                         DOOR NO.14-21/23, RONALD RAVIN
                                 -2-
                                          NC: 2023:KHC:19778
                                             RPFC No. 109 of 2023




    SERRAO ROAD, KULASHEKAR,
    MANGALURU-575005(DK).
                                                      ...RESPONDENTS

     THIS RPFC IS FILED UNDER SECTION 19(4) OF FAMILY
COURT ACT, AGAINST THE ORDER DATED 13.01.2023 PASSED
IN CRI.MISC.NO.8/2019 ON THE FILE OF THE I ADDITIONAL
PRINCIPAL JUDGE, FAMILY COURT, D.K., MANGALURU, PARTLY
ALLOWING THE PETITION FILED UNDER SEC.125 OF Cr.P.C.,
FOR MAINTENANCE.

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

                               ORDER

Heard the learned counsel appearing for the petitioner.

2. This petition is filed challenging the order passed by

the I Additional Principal Judge, Family Court, D.K., Mangaluru,

in Crl.Misc.Case No.8/2019 dated 13.01.2023.

3. In this petition, the order impugned is granting

maintenance amount of Rs.10,000/- per month to the wife and

Rs.5,000/- each per month to two children, who are aged about

13 years and 10 years, respectively in the year 2019. The Trial

Court having considered the material on record though

contended that he is not having any source of income to pay

the same; relying upon the judgment of the Apex Court in the

case of Anju Garg v. Deepak Kumar Garg reported in 2022

NC: 2023:KHC:19778 RPFC No. 109 of 2023

SCC OnLine SC 1314, wherein, the Apex Court held that

'when the husband is able bodied he has to work and to pay

maintenance'. Having taken note of the cost of living as well as

the children are also pursuing the education, who are aged

about 13 years and 10 years, respectively as on the date of

filing of the petition and the wife has to provide education to

those children. Hence, I do not find any merit in the petition.

Consequently, the petition requires to be dismissed.

4. In view of the discussions made above, I pass the

following:

ORDER

The petition is dismissed.

Consequently, I.A.No.1/2023 for condonation of delay of

10 days in filing the petition is also stands dismissed.

In view of dismissal of the petition, I.A.No.2/2023 for

stay does not survive for consideration, the same stands

disposed of.

Sd/-

JUDGE CP