Karnataka High Court
Sri Rajanna G.K vs Smt Mangala H N on 21 February, 2024
Author: Hanchate Sanjeevkumar
Bench: Hanchate Sanjeevkumar
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NC: 2024:KHC:7360
RPFC No. 120 of 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR
REV. PETITION FAMILY COURT NO.120 OF 2019
BETWEEN:
SRI. RAJANNA. G.K,
S/O LATE KARIYAPPA,
AGED ABOUT 59 YEARS,
R/O SUVARNA NILAYA,
SUVARNA COACHING CENTRE,
1ST FLOOR, DEVANUR MAIN ROAD,
TUMAKURU TOWN & DIST - 572 103
...PETITIONER
(BY SRI. MOUNESH S.B. FOR
SRI. V B SIDDARAMAIAH, ADVOCATE)
AND:
SMT. MANGALA H N
D/O NAGANNA,
W/O RAJANNA, G. K.,
AGED ABOUT 33 YEARS,
C/O R. SHIVALINGAIAH,
Digitally signed by JAI
'SHIVA KRUPA', GARDEN B-LINK ROAD,
JYOTHI J DASAPPA LAYOUT, MARUTHI NAGARA,
Location: HIGH
COURT OF TUMAKURU TOWN.
KARNATAKA
NOW R/AT HONENAHALLY,
BUKKAPATNA HOBLI, SIRA TALUK - 572 137,
TUMAKURU DISTRICT
...RESPONDENT
(BY SRI. GOUTHAM A. R, ADVOCATE)
THIS RPFC IS FILED UNDER SECTION 19(4) OF FAMILY
COURTS ACT, AGAINST THE JUDGMENT DATED 22.06.2019
PASSED IN C.MIS. NO. 137/2017 ON THE FILE OF THE
PRINCIPAL JUDGE, FAMILY COURT, TUMAKURU, PARTLY
ALLOWING THE PETITION FILED UNDER SECTION 125 OF
Cr.P.C. FOR MAINTENANCE.
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NC: 2024:KHC:7360
RPFC No. 120 of 2019
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
The petition is filed by the husband challenging the
order of maintenance awarded by the Family Court to the
respondent/wife.
2. The relationship of the petitioner and
respondent as husband and wife is not disputed. The
respondent is the second wife of petitioner solemnising
marriage after demise of the first wife.
3. With certain allegations that petitioner/husband
started giving ill-treatment and cruelty, the
respondent/wife has deserted the companionship of the
petitioner. Therefore, upon application filed under Section
125 of Cr.P.C. the Family Court has granted maintenance
of Rs.10,000/- per month to the respondent/wife till her
lifetime.
NC: 2024:KHC:7360
4. When the relationship of the petitioner and
husband is admitted as husband and wife, it is an
obligation on the part of the petitioner/husband to
maintain his wife. Even though the petitioner/husband
has taken contention that respondent/wife is running a
beauty parlour, there is no evidence placed by the
petitioner to prove the said fact. The respondent/wife has
produced RTC extracts, which prove that the
petitioner/husband is owner of 38 guntas of land.
Furthermore, the petitioner owns 3½ acres of arecanut
and coconut garden and also 4½ acres of land in the joint
names. Further it is proved during the evidence that
petitioner is running workshop by name "Dimple
Workshop" in Tumkur, wherein he was doing motor pump
repair and rewinding works. Therefore, upon considering
the evidence the Family Court is correct in holding that
petitioner is financially viable person to maintain the
respondent. Accordingly, maintenance of Rs.10,000/- per
month awarded to the respondent/wife by the Family
NC: 2024:KHC:7360
Court is found to be correct, which needs no interference
by this Court. Therefore, petition is dismissed.
Sd/-
JUDGE
DR
