Karnataka High Court
Sri. Denial S/O. Rosayya Bommaji vs Smt. Vimalamma W/O. Denial Bommaji on 7 February, 2024
Author: V.Srishananda
Bench: V.Srishananda
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NC: 2024:KHC-D:2769
RPFC No. 100166 of 2022
C/W RPFC No. 100011 of 2021
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 7TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE V.SRISHANANDA
REV.PET FAMILY COURT NO.100166 OF 2022
C/W
REV.PET FAMILY COURT NO.100011 OF 2021
IN R.P.F.C. NO.100166 OF 2022
BETWEEN:
SMT. VIMALAMMA W/O. DENIAL BOMMAJI,
AGE. 64 YEARS, OCC. HOUSEHOLD WORK,
R/O. PLOT NO.26, KUBSAD PLOT,
NEHARUNAGAR, ALNAVAR,
TQ. AND DIST.DHARWAD-581103.
...PETITIONER
(BY SRI. SHIVASAI M.PATIL, ADVOCATE)
BHARATHI AND:
HM
Digitally signed by
BHARATHI H M
Date: 2024.02.21 SHRI. DENIAL S/O. ROSAYYA BOMMAJI,
12:01:27 +0530
AGE. 69 YEARS, OCC. PENSIONER,
R/O. PLOT NO.80 ANANDNAGAR,
KALAAKAR PLOT, OLD HUBBALLI,
TQ. HUBBALLI, DIST.DHARWAD-580024.
...RESPONDENT
(BY SRI. SADIQ N.GOODWALA, ADVOCATE)
THIS R.P.F.C. IS FILED UNDER SECTION 19(4) OF THE
FAMILY COURT, PRAYING THAT CALL FOR RECORDS AND
ALLOW THE PETITION BY MODIFYING THE IMPUGNED
JUDGMENT DATED 16.10.2018 BY ENHANCING THE
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NC: 2024:KHC-D:2769
RPFC No. 100166 of 2022
C/W RPFC No. 100011 of 2021
MAINTENANCE AMOUNT IN CRL. MISC. NO.169/2018, PASSED
BY THE PRINCIPAL JUDGE FAMILY COURT, DHARWAD.
IN R.P.F.C. NO.100011 OF 2021
BETWEEN:
SRI. DENIAL S/O. ROSAYYA BOMMAJI,
AGE. 65 YEARS, OCC. PENSIONER,
R/O. PLOT NO.80 ANAND NAGAR,
KALAAKAR PLOT, OLD-HUBBALLI,
TQ. HUBBALLI, DIST.DHARWAD.
...PETITIONER
(BY SRI. SADIQ N.GOODWALA, ADVOCATE)
AND:
SMT. VIMALAMMA W/O. DENIAL BOMMAJI,
AGE. 60 YEARS, OCC. HOUSEHOLD WORK,
R/O. PLOT NO.26, KUBASAD PLOT,
NEHARU NAGAR, ALNAVAR,
TQ. AND DIST.DHARWAD.
...RESPONDENT
(BY SRI. SHIVASAI M.PATIL, ADVOCATE)
THIS R.P.F.C. IS FILED UNDER SECTION 19(4) OF THE
FAMILY COURT ACT, AGAINST THE JUDGMENT AND ORDER
DATED 16.10.2018 IN CRL. MISC. NO.169/2018 ON THE FILE
OF THE PRINCIPAL JUDGE, FAMILY COURT, DHARWAD,
ALLOWING THE PETITION FILED UNDER SEC.125 OF CR.P.C.
THESE R.P.F.C., ARE COMING ON FOR HEARING, THIS
DAY, THE COURT MADE THE FOLLOWING:
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NC: 2024:KHC-D:2769
RPFC No. 100166 of 2022
C/W RPFC No. 100011 of 2021
JUDGMENT
Heard Sri. Shivasai M. Patil, learned counsel for the
appellant and Sri. Sadiq N. Goodwala, learned counsel for the
respondent.
2. These two revision petitions are filed out of final
order passed in Crl.Misc.No.169/2018 dated 16.10.2018 on the
file of Principal Judge Family Court, Dharwad.
3. Parties are referred to as wife/petitioner and
husband/respondent for the sake of convenience as per their
original ranking before the Trial Court.
4. A petition under 125 of the Code of Criminal
Procedure, 1973 (for short 'Cr.P.C.'), came to be filed by the
wife against the respondent seeking grant of maintenance on
the ground of respondent has deserted her.
5. Notice of the petition was served, but
respondent/husband remained absent before the Trial Court.
6. Therefore, the Trial Court recorded the evidence
considering the material placed on record and allowed the
NC: 2024:KHC-D:2769
maintenance petition in part and granted Rs.5,000/- as
monthly maintenance from the date of petition.
7. Being aggrieved by the same, both husband and
wife before this Court.
8. Wife is seeking enhancement of the maintenance,
husband is seeking an opportunity to be granted before the
Trial Court as he remained exparte before the Trial Court.
9. Having heard the parties in detail, this Court
perused the material on record meticulously.
10. On such perusal of the material on record, there is
no dispute about the relationship. Further, the parties have
fallen apart and wife is living separately.
11. Respondent/husband was working in Central
Government in Railway Department and now having retired
from the service getting a pension in a sum of Rs.29,000/-.
12. For the reasons best known to husband, he did not
choose to contest the matter before the Family Court though he
was duly served with the notice of the petition.
13. Learned Trial Judge left with no alternative has
assessed the quantum of maintenance in a sum for Rs.5,000/-
based on the material on record.
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14. Since, the husband is aged about 75 years as on
today remitting the matter to the Family Court for leading
additional evidence and obtain a fresh order, if the
maintenance amount is enhanced from Rs.5,000/- to
Rs.7,500/- taking note of the fact that husband is getting a
pension of Rs.29,000/- per month and also the old age ailments
being suffered by the husband ends of justice would be met.
15. Accordingly, the following order is passed:
ORDER
(i) Both the Revision Petitions stand
disposed off.
(ii) The wife is entitled a sum of
Rs.7,500/- per month as maintenance from
today instead of Rs.5,000/- per month
ordered by Trial Court.
Sd/-
JUDGE
KAV/SMM
