Karnataka High Court
Rajashree vs Yogesh on 14 June, 2023
Bench: N.S.Sanjay Gowda
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NC: 2023:KHC-K:1062
RPFC No. 200031 of 2019
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. 200031 OF 2019
BETWEEN:
RAJASHREE W/O YOGESH POTADAR,
AGE:31 YEARS, OCC:HOUSEHOLD WORK,
R/O VILASRAO B.PANDI,
LADDIKATTI HANUMAN TEMPLE,
MINAJAGI GALLI,
VIJAYAPURA-586103.
...PETITIONER
(BY SRI AJAYKUMAR A K. ADVOCATE FOR
SMT. RATNA N. SHIVAYOGIMATH, ADVOCATE)
AND:
YOGESH S/O SUBHAS POTADAR,
Digitally signed
by SACHIN AGE:35 YEARS, OCC: FOREST OFFICER,
Location: HIGH R/O PLOT NO.24, GANESH MANDIR,
COURT OF NEAR SHIVAI MATHA MANDIR,
KARNATAKA
MUGALE ANNA NAGAR,
DHANAKWADI, POONA - 413001,
(MAHARASHTRA STATE).
...RESPONDENT
(NOTICE TO RESPONDENT SERVED)
THIS RPFC IS FILED UNDER SECTION 19(4) OF THE
FAMILY COURTS ACT, PRAYING TO ALLOW THIS REVISION
PETITION BY SETTING ASIDE THE IMPUGNED ORDER DATED
04.12.2018 PASSED BY THE PRL. JUDGE, FAMILY COURT,
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RPFC No. 200031 of 2019
VIJAYAPUR IN CRL.MISC.NO.446/2016 IN THE INTEREST OF
JUSTICE AND EQUITY.
THIS PETITION COMING ON FOR ADMISSION, THIS DAY,
THE COURT MADE THE FOLLOWING:
JUDGMENT
1. The wife is before this Court challenging the
order by which the Family Court cancelled its earlier order
awarding monthly maintenance of `5,000/-.
2. The Family Court has cancelled its earlier order
of maintenance by following reason set forth by it in
paragraph 30 of the impugned order :
"The Medical Officer, District Surgeon has
submitted Medical Certificate dt.5.10.2018.
According to this document, the petitioner is
suffering from old Bimellular Fracture and range
of movements of the right ankle restricted.
Sensation was intact and reflexes in upper limb
exaggerated. There is disc bulge with posterior
central disc protrusion at L5-S1 level producing
moderate central canal narrowing appear to
about the traversing S1 nerve roots is affected.
Ultimately, they opined that this petitioner is
suffering from Quadriparesis and not complete
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RPFC No. 200031 of 2019
paralysis and cause for it is due to Cervical
Compressive Myelopathy secondary to Disc
Lesion. Thus, it is crystal clear that petitioner is
not hale and healthy. As far as his job is
concerned, there is no document to show that
petitioner is doing any job or any property
standing in his name and he is getting income.
The documents produced by petitioner reveals
that he lost the job he secured in Forest
Department. Thus, as it is, petitioner has no
source of income as on today. On the other
hand, respondent is quite hale and healthy and
apparently she can look after herself compared
to petitioner."
3. In my view having regard to the fact that the
Family Court has come to the conclusion that the husband
was suffering from Quadriparesis, it is clear that he had no
means to earn any income so as to maintain his wife.
4. It is to be stated here that Quadriparesis would
completely disable a person and would not allow him to
engage himself in any kind of work as he would have no
control over his four limbs.
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RPFC No. 200031 of 2019
5. In my view having regard to these facts the
Family Court was justified in cancelling its earlier order
directing the husband to pay maintenance of `5,000/-.
6. The assertion of the wife that her husband was
working in Forest Department has not been substantiated
with any evidence and therefore the argument of the
learned counsel for the petitioner that some semblance of
maintenance is to be awarded cannot be sustained.
7. The petition is therefore dismissed.
Sd/-
JUDGE
SN
