Karnataka High Court
Gurupadayya vs Veerbhadrayya And Ors on 5 April, 2024
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NC: 2024:KHC-K:2881
RPFC No. 200023 of 2024
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 5TH DAY OF APRIL, 2024
BEFORE
THE HON'BLE MR. JUSTICE G BASAVARAJA
REV.PET FAMILY COURT NO.200023 OF 2024
BETWEEN:
GURUPADAYYA S/O VEERBHADRAYYA
AGE: 42 YEARS, OCCU: COMPUTER OPERATOR
R/O: NIZAMPUR, TQ: AND DIST: BIDAR-585402.
...PETITIONER
(BY SRI. BASAVARAJ R MATH, ADVOCATE)
AND:
1. VEERBHADRAYYA S/O SHIVLINGAYYA
AGE: 78 YEARS, OCCU: SENIOR CITIZEN
R/O: DCB NO.443, NIZAMPUR,
TQ:AND DIST: BIDAR-585402.
2. ANITHAD/O VEERBHADRAYYA
Digitally signed
by RAMESH (W/O RAVINDRAKUMAR)
MATHAPATI AGE: 48 YEARS, OCCU: HOUSEHOLD
Location: High
Court of R/O: VILLAGE KORDAMPALLI,
Karnataka TQ: CHINCHOLI, DIST: KALABURAGI-585320.
3. GANGADHAR S/O VEERBHADRAYYA
AGE: 42 YEARS OCCU: LABOUR
R/O: NIZAMPUR, TQ: AND DIST: BIDAR-585402.
...RESPONDENTS
(NOTICE TO R1 HELD SUFFICIENT; NOTICE ATO R2 AND R3)
THIS RPFC IS FILED U/S. 19(4) OF THE FAMILY COURTS
ACT, PRAYING TO CALL FOR RECORDS AND SET ASIDE THE
IMPUGNED ORDER DTED 7-09-2023 PASSED BY THE LEARNED
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NC: 2024:KHC-K:2881
RPFC No. 200023 of 2024
PRL. JUDGE, FAMILY COURT, BIDAR IN CRIMINAL MISC.
NO.42/2022 AND ETC.
THIS PETITION, COMING ON FOR FURTHER HEARING,
THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
This Revision Petition is preferred challenging the order
dated 07th September, 2023 passed in Criminal Misc. No.42 of
2022 by the Principal Judge, Family Court at Bidar.
2. Facts leading to present Revision Petition are that,
one Veerabhadrayya, the father of respondents 1 to 3 has filed
Criminal Miscellaneous No.42 of 2022 on the file of Family
Court for maintenance of Rs.20,000/- per month from
respondents 1 to 3, as he is aged 76 years and unable to
maintain himself. To prove the case of the petitioner,
petitioner himself examined as PW1 and marked six documents
as Exhibits P1 to P6. On closure of petitioner side evidence,
respondent has examined himself as RW1 and has not
produced any document. Having heard the arguments on both
sides, the trial Court has directed the respondents 1 and 3 to
pay monthly maintenance of Rs.2,500/- each from the date of
petition.
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3. Learned counsel appearing for the revision
petitioner submits that the Family Court has decided the matter
only on assumptions and presumptions. He submits that the
respondent No.1 himself admitted in his cross-examination at
paragraph 4 that, now he is living with his second wife and
respondent No.3 and he has marked document Exhibit P5
Record of rights relating to the land bearing survey No.101
measuring 1 acre 34 guntas at Kondampalli village, Taluk
Chincholi, District Kalaburagi. It is further submitted that the
learned Judge, without appreciating the admission made by the
respondent No.1 and without appreciating the material
evidence on record, has awarded payment of maintenance
Rs.2,500/- per month each from the Revision Petitioner and
respondent No.3. He further submits that respondent No.1 is
receiving Rs.1,200/- per month from Sandhya Suraksha Yojane
and has also produced the copy of order along with application
under Order XLI Rule 27 of the Code of Civil Procedure.
Learned counsel further submits that the respondent has not
approached the Court with clean hands. Further, during the
course of cross-examination, though the petitioner has elicited
that the respondent was getting Rs.1,200/- per month under
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the scheme of Sandhya Suraksha Yojane, the same was
denied, which clearly shows that the respondent was misusing
the Act and it is only to harass the petitioner, the respondent
has filed the maintenance petition. On all these grounds, the
learned counsel sought to allow the Revision Petition by
remanding the matter to the trial Court for providing
opportunity to the Revision Petitioner to adduce his evidence.
The Revision Petitioner has also filed application under Order
XLI Rule 27 of Code of Civil Procedure seeking permission to
produce the order copy of Sandhya Suraksha Yojane Scheme
and relevant papers.
4. On careful examination of material produced before
this Court, this Court has noticed that both the parties have not
complied with the decision of Hon'ble Supreme Court in the
case of RAJNESH v. NEHA AND OTHERS reported in (2021)2
SCC 324. The trial Court has not insisted the parties to file
affidavit as to their assets and liabilities as per the judgment of
the Hon'ble Supreme Court. Accordingly, the trial Court has
failed to comply with the guidelines issued by the Hon'ble
Supreme Court.
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5. The Revision Petitioner has also filed Application
under Order XLI Rule 27 of the Code of Civil Procedure to
adduce his additional evidence before the trial Court and to
produce the papers pertaining to the respondent receiving the
amount under Sandhya Suraksha Yojane and also the accounts
extract of respondent-Veerabhadrayya. The age of the
Respondent-Veerabhadrayya was 76 years in the year 2022.
The trial Court has directed respondents 1 and 3 therein, i.e.
the Revision Petitioner herein and Gangadhar S/o
Veerabhadrayya who was respondent No.3 in Criminal
Miscellaneous No.42 of 2022 before the trial Court, to pay
monthly maintenance of Rs.2,500/- each form the date of
petition, i.e. 01st December, 2022.
6. To enable the Revision Petitioner to produce
additional evidence, so also in view of the guidelines issued by
the Hon'ble Supreme Court in the case of RAJNESH (supra), it
is just and proper to remand the matter to the trial Court to
provide an opportunity to the Revision Petitioner to adduce
additional evidence as sought for in the Application filed Under
Order XLI Rule 27 of Code of Civil Procedure. Accordingly, I
proceed to pass the following:
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ORDER
1. Revision is allowed in part;
2. Order dated 07th September, 2023 passed in
Crl. Misc.No.42 of 2022 by the Principal Judge,
Family Court at Bidar is set aside and the
matter is remitted back to the trial Court with a
direction to the trial Court to provide
opportunity to both the parties to file their
affidavit as to their assets and liabilities as per
the judgment of Hon'ble Supreme Court in the
case of RAJNESH (supra);
3. The Revision Petitioner who is the respondent
No.1 in the Criminal Miscellaneous No.42 of
2022 on the file of Family Court, at Bidar shall
pay the monthly maintenance of Rs.1,200/- per
month to the respondent No.1 from the date of
filing the petition as interim maintenance, till
the disposal of the case.
4. The trial Court shall dispose of the matter as
expeditiously as possible, and in any event not
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later than six months from the date of receipt of
this order.
5. Registry to send the copy of this order along
with the application filed by the Revision
Petitioner under Order XLI Rule 27 of the Code
of Civil Procedure to the trial Court. Both the
parties are permitted to adduce their additional
evidence, if any.
Sd/-
JUDGE
LNN
