Karnataka High Court
K M Shivanandswamy S/O Veeresh vs Gagna W/O Shivananadswamy And Anr on 20 June, 2023
Bench: N.S.Sanjay Gowda
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NC: 2023:KHC-K:1263
RPFC No. 200074 of 2022
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. 200074 OF 2022
BETWEEN:
K M SHIVANANDSWAMY S/O VEERESH
AGE. 37 YEARS, OCC. UNEMPLOYEE,
R/O. SADASHIVA NAGAR,
IN FRONT OF SR RANGAPPA HOUSE,
NEAR HANUMAN TEMPLE,
BELLARY-583101.
...PETITIONER
(BY SRI. AMEERAHAMAJA ABDULKADAR GUNNAPURA, ADVOCATE)
AND:
1. GAGNA W/O SHIVANANADSWAMY
AGE. 27 YEARS, OCC. HOUSEHOLD,
Digitally signed by R/O. H.NO. 1-4-857, IB ROAD,
RAMESH
MATHAPATI JYOTI COLONY, RAICHUR,
Location: HIGH TQ. AND DIST. RAICHUR-584101.
COURT OF
KARNATAKA 2. KUM.AMULYA D/O K M SHIVANADSWAMI
AGE. 7 YEARS, OCC. STUDENT, MINOR,
R/O. H.NO. 1-4-857/3,
IB ROAD, JYOTI COLONY,
RAICHUR-584101.
TQ. AND DIST. RAICHUR,
WHO IS UNDER THE CARE AND CUSTODY OF HER
MOTHER I.E., PETITIONER NO.1
...RESPONDENTS
(NOTICE TO R1 SERVED
R2 IS MINOR U/G OF R1)
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NC: 2023:KHC-K:1263
RPFC No. 200074 of 2022
THIS RPFC IS FILED U/S. 19(4) OF THE FAMILY COURTS
ACT, PRAYING TO SET ASIDE THE JUDGMENT AND ORDER
DATED 17.12.2019 PASSED IN CRL.MISC.NO.267/2019 BY THE
PRL. JUDGE, FAMILY COURT AT RAICHUR AND MAY BE
PLEASED TO MAKE REDUCTION OF THE MAINTENANCE
AMOUNT AND GRANT ANY OTHER ORDER/ORDERS AS MAY BE
DEEMED FIT AND PROPER.
THIS PETITION, COMING ON FOR HEARING ON IA, THIS
DAY, THE COURT MADE THE FOLLOWING:
ORDER
1. This petition is by the husband challenging the award
of Rs.4,000/- per month granted to his wife and
Rs.3,000/- per month granted to his daughter.
2. The Family Court has come to the conclusion that the
petitioner was working as part time Lecturer and was
earning monthly salary of Rs.25,000/-. It has taken note
of the fact that though the salary certificate had not been
produced, the wife had produced khata extract which
indicated the property was standing in his name and
therefore in those circumstances, it would be appropriate
NC: 2023:KHC-K:1263
RPFC No. 200074 of 2022
to award a sum of Rs.4,000/- per month to the wife and
Rs.3,000/- per month to the minor daughter.
3. Learned counsel for the petitioner contends that the
petitioner is actually unemployed and has no means to
sustain himself and he cannot therefore be burdened with
the liability of taking care of his wife and daughter.
4. It is not in dispute that the petitioner was working as
a part time Lecturer. Assuming that the arguments of
learned counsel is correct, one thing is clear that the
petitioner was in fact working as part time Lecturer and
this by itself indicates that he is educated and is capable of
earning a livelihood.
5. Having regard to the fact that the petitioner owns a
house as indicated in the khata extract produced before
the Court, in my view, the award of Rs.4,000/- per month
to his wife and Rs.3,000/- per month to minor daughter
cannot be said to be irrational or arbitrary warranting
interference in the revisional jurisdiction of this Court.
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RPFC No. 200074 of 2022
6. I do not find no merit in the petition and is therefore
accordingly dismissed.
Sd/-
JUDGE
MSR
