Karnataka High Court
Naveen Chandra Patil S/O Ravi ... vs Savitha W/O Naveen Chandra Patil ... on 20 June, 2023
Bench: N.S.Sanjay Gowda
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NC: 2023:KHC-K:1266
RPFC No. 200055 of 2023
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 20TH DAY OF JUNE, 2023
BEFORE
THE HON'BLE MR. JUSTICE N.S.SANJAY GOWDA
REV.PET FAMILY COURT NO. 200055 OF 2023
BETWEEN:
NAVEEN CHANDRA PATIL
S/O RAVI KUMAR PATIL @ RAVI PATIL,
MAJOR, OCC : AGRICULTURE AND BUSINESS,
R/O. H.NO.131-B, NOS.3 AND 4,
MARCHED VILLAGE,
TQ. AND DIST : RAICHUR-586101.
...PETITIONER
(BY SMT.LAXMI G.E., ADVOCATE)
AND:
1. SAVITHA W/O NAVEEN CHANDRA PATIL,
AGE : 36 YEARS, OCC : HOUSEHOLD WORK,
R/O. H.NO.4-4-402/49, ANUSHA NAGAR,
MANTRALAYAM ROAD, RAICHUR-586101.
2. MASTER ABHIJITH PATIL
S/O NAVEEN CHANDRA PATIL.
Digitally signed by
RAMESH AGE : 07 YEARS, RESP. NO 2, HEREIN IS MINOR,
MATHAPATI
Location: HIGH
REPRESENTED BY HIS NATURAL MOTHER
COURT OF AS GUARDIAN RESP. NO. 1 HEREIN SAVITHA,
KARNATAKA
R/O. H.NO. 4-4-402/49, ANUSHA NAGAR,
MANTRALAYAM ROAD, RAICHUR-586101.
...RESPONDENTS
THIS RPFC IS FILED UNDER SECTION 19(4) OF THE
FAMILY COURTS ACT, PRAYING TO ALLOW THIS PETITION BY
SETTING ASIDE THE JUDGMENT AND ORDER PASSED BY THE
PRL. JUDGE, FAMILY COURT, RAICHUR IN
CRL.MISC.NO.128/2022 PASSED ON 10.02.023,
CONSEQUENTLY REMAND THE MATTER TO THE TRIAL COURT
AND PERMIT THE PETITIONER TO CONTEST THE MATTER AND
PERMIT TO LEAD EVIDENCE AND FURTHER DISMISS SAID
CRL.MISC.NO.128/2022 WITH COSTS.
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NC: 2023:KHC-K:1266
RPFC No. 200055 of 2023
THIS PETITION COMING ON FOR ADMISSION THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
1. The husband has filed this petition challenging the
award of Rs.10,000/- per month granted to his wife and
Rs.7,000/- per month granted to his 6 year old son.
2. For arriving at the said sum, the Family Court has
noticed that the respondent-husband was independently
possessing land measuring 9 acres 19 guntas and 20 acres
of land was standing in the name of his parents which was
being look after him. It has also noticed that the husband
was possessing three vehicles, a SUV and two tipper
vehicles and having regard to these facts the Family Court
has come to the conclusion that it would be appropriate to
award a sum of Rs.10,000/- per month to the wife and
Rs.7,000/- to the minor son.
3. Learned counsel for the petitioner strenuously
contended that the petitioner would be in-capable of
paying huge sum of Rs.17,000/- since his avocation was
mainly agriculture. She contended that the Family Court
NC: 2023:KHC-K:1266
RPFC No. 200055 of 2023
has committed an error in considering the family of the
properties owned by the family in determining the
maintenance.
4. In my view, these arguments cannot be accepted
especially when the evidence on record indicates that the
respondent-husband was possessing a Mahindra XUV 500
and he was also owning two tipper vehicles, which would
indicate that he has adequate income from sources other
than agriculture.
5. I am therefore of the view that there is no merit in
this petition and the same is accordingly dismissed.
Sd/-
JUDGE
MSR
