Kazi Maheboob Basha vs Banu Begum
2023 Latest Caselaw 3257 Kant

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                                                    NC: 2023:KHC-K:969
                                                   RPFC No. 200013 of 2021




                             IN THE HIGH COURT OF KARNATAKA,

                                    KALABURAGI BENCH

                           DATED THIS THE 14TH DAY OF JUNE, 2023

                                          BEFORE
                       THE HON'BLE MR. JUSTICE N.S.SANJAY GOWDA


                          REV.PET FAMILY COURT NO. 200013 OF 2021
                   BETWEEN:

                   KAZI MAHEBOOB BASHA
                   S/O MOHAMMED BASHA,
                   AGE 61 YEARS, OCC : RETD GOVT. EMPLOYEE,
                   R/O H.NO.71, DHOBI LANE, BEHIND DALWALA,
                   MASJID, KOWI BAZAR, BELLARY - 583101.

                                                               ...PETITIONER
                   (BY SRI LIYAQAT FAREED USTAD, ADVOCATE)
                   AND:
                   Smt.BANU BEGUM
                   W/O KAZI MAHEBBOB BASHA,
                   AGE : 50 YRS, OCC : HOUSEHOLD,
                   R/O H.NO. 6-4-25, G.D TOTA TIMMAPURPET,
Digitally signed   B.R.B. COLLEGE ROAD, RAICHUR - 584 101.
by SACHIN
Location: HIGH                                                ...RESPONDENT
COURT OF
KARNATAKA
                   (BY SRI SHRAVANKUMAR MATH, ADVOCATE)

                        THIS RPFC IS FILED U/S. 19(4) OF THE FAMILY COURTS
                   ACT, PRAYING TO SET-ASIDE THE JUDGMENT AND ORDER
                   DATED 07.11.2020 PASSED BY THE PRL. JUDGE, FAMILY
                   COURT AT RAICHUR IN CRL.MISC.NO.24/2019.

                        THIS PETITION COMING ON FOR ADMISSION, THIS DAY,
                   THE COURT MADE THE FOLLOWING:
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                                     NC: 2023:KHC-K:969
                                    RPFC No. 200013 of 2021




                           ORDER

1. The husband has challenged the order passed

by the Family court, Raichur in a proceeding under Section

125 of Code of Criminal Procedure by which a sum of

`4000/- has been granted as monthly maintenance to the

wife.

2. The wife was aged about 50 years when the

petition was filed and the husband was aged about 60

years. It is not in dispute that the respondent is a retired

government employee and it is therefore obvious that he

would be getting a pension.

3. The husband however contends that the wife is

able to maintain herself and therefore there was no

justification for grant of monthly maintenance. It is also

contended by him that he was seeking for restitution of

conjugal rights and in that view of the matter there was no

justification for grant of maintenance.

4. Learned counsel for the petitioner submits that

the impugned order had been passed in the absence of

NC: 2023:KHC-K:969 RPFC No. 200013 of 2021

any evidence adduced by the husband and therefore it

would be appropriate to remand the case to the Family

Court.

5. In my view having regard to the age of the

petitioner and the respondent and also taking into

consideration that the petition was pending for more than

one year before the Family Court, in the absence of any

justifiable reasons put-forth by the petitioner for not

adducing the evidence, the prayer seeking for remand

does not deserves to be accepted.

6. It is also to be stated that a sum of `4,000/- is

awarded by the Family Court is neither irrational nor

arbitrary, which necessitates interference in the revisional

jurisdiction of this Court.

7. The petition is therefore dismissed.

Sd/-

JUDGE SN