Karnataka High Court
Lepaksha T S vs Latha M R on 20 June, 2023
Bench: H.P.Sandesh
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NC: 2023:KHC:21335
RPFC No. 268 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF JUNE, 2023
BEFORE
THE HON'BLE MR JUSTICE H.P.SANDESH
REV.PET FAMILY COURT NO. 268 OF 2022
BETWEEN:
1. LEPAKSHA T.S.
S/O. LATE SHANTHAPPA
AGED ABOUT 29 YEARS,
OCCUPATION: AGRICULTURIST
RESIDENT OF THIMMALAPURA
GUDIGONDANAHALLI POST,
TIPTUR TALUK
TUMKUR-572 217.
...PETITIONER
(BY SRI. SACHIN R.R., ADVOCATE)
AND:
1. LATHA M.R.
W/O. LEPAKSHA T.S.
Digitally signed D/O. RAJAPPA
by SHARANYA T AGED ABOUT 26 YEARS
Location: HIGH
COURT OF OCCUPATION: HOUSE WIFE
KARNATAKA R/AT NAGENAHALLI ROAD,
NEXT TO MANASA SCHOOL, ALDUR
CHIKKAMAGALURU-577 111.
...RESPONDENT
(BY SRI. A MADHUSUDHANA RAO, ADVOCATE)
THIS RPFC IS FILED U/S.19(4) OF THE FAMILY COURTS
ACT, AGAINST THE JUDGMENT AND ORDER DATED
01.10.2022 PASSED IN CRL.MISC.NO.75/2021 ON THE FILE
OF THE PRINCIPAL JUDGE, FAMILY COURT,
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NC: 2023:KHC:21335
RPFC No. 268 of 2022
CHIKKAMANGALURU, ALLOWING THE PETITION FILED U/S.125
OF CR.P.C FOR MAINTENANCE.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
Heard the learned counsel for the petitioner and learned
counsel for the respondent.
2. This petition is filed challenging the order passed by
the Trial Court dated 01.10.2022 passed in
Crl.Misc.No.75/2021 granting maintenance of Rs.15,000/- per
month to the wife.
3. The very contention of the respondent herein while
filing the petition under Section 125 of Cr.P.C. is that her
marriage was solemnized on 19.11.2020 at S. Madapura
Village, Singatagere Hobli, Kadur Taluk. After the marriage,
she joined the matrimonial home and thereafter, differences
arose between them and though the petitioner made the house
in Mandya, but he did not taken care of her. Hence, she filed
the petition claiming maintenance of Rs.15,000/- per month.
4. The petitioner herein resisted the petition
contending that, earlier, he was working and now, he is not
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RPFC No. 268 of 2022
working and he also has to take care of his parents and the
respondent voluntarily left the matrimonial home and she is not
entitled for maintenance.
5. The Trial Court, having considered both oral and
documentary evidence placed on record i.e., the evidence of
wife, who examined herself as P.W.1, who also got marked the
documents of Exs.P1 to P4 and also the evidence of the
husband, who examined himself as R.W.1 and got marked the
documents of Exs.R1 and R2 i.e., the order sheet and petition
copy in M.C.No.86/2021, particularly the admission given by
the wife that she is earning Rs.10,000/- per month and the
same is not sufficient and also in Para No.17, the Trial Court
taken note of the contention that the petitioner has lost the job
and he has also the responsibility of maintaining the parents
and also taking note of the fact that the wife was compelled to
go for job because there is no financial support to her and the
very pleading of the wife that her husband is working and
earning Rs.40,000/- per month, also taken note of the
educational qualification, experience and also the minimum
rentals for house, observed that the petitioner requires
minimum of Rs.25,000/- per month and considering the
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RPFC No. 268 of 2022
admission of the wife that she is earning Rs.10,000/- per
month, awarded maintenance of Rs.15,000/- per month.
6. The Trial Court has also taken note of the evidence
available before the Court and though the respondent in
Crl.Misc.No.75/2021 contend that he lost the job, but, in the
cross-examination, he admits that he is working in Mandya and
also getting commission from the partnership firm and also
taken note of the the admission with regard to the fact that he
took her to Mandya and he was visiting only twice in a week
but, he claims that he is not having income. It is suggested
that he is getting the income of Rs.30,000/- per month and the
same was denied and even though there is no employment to
the husband, it is the bounden duty of the husband to take care
the wife. Having taken note of the admission by the wife that
she is earning Rs.10,000/- per month and Trial Court also while
determining the maintenance comes to the conclusion that she
is in need of Rs.25,000/- per month, awarded the maintenance
of Rs.15,000/- per month and there is no material before the
Trial Court with regard to the income of the husband and he
only admits that he has got 1 acre of land belonging to his
father.
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7. When such being the case, it is appropriate to
reduce the maintenance to Rs.10,000/- per month as against
Rs.15,000/- per month awarded by the Trial Court and the wife
can maintain herself with the income of Rs.10,000/- per month
which she is earning and also the maintenance of Rs.10,000/-
per month paid by the husband. Hence, the order of the Trial
Court is modified granting maintenance of Rs.10,000/- per
month as against Rs.15,000/- per month. Further, the
petitioner is also directed to pay all the arrears within two
weeks and is also directed to pay the maintenance of
Rs.10,000/- per month regularly without any default.
Accordingly, the petition is disposed of.
Sd/-
JUDGE
ST
