Karnataka High Court
Shivashankar S/O Shivappa Chalami vs Annapurna And Anr on 3 January, 2024
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NC: 2024:KHC-K:77
RPFC No. 200031 of 2023
C/W RPFC No. 200075 of 2022
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 3RD DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE E.S.INDIRESH
REV.PET FAMILY COURT NO. 200031 OF 2023
C/W
REV.PET FAMILY COURT NO. 200075 OF 2022
IN RPFC No.200031/2023
BETWEEN:
1. ANNAPURNA W/O SHIVASHANKAR CHALAMI,
AGE: 52 YEARS, OCC: HOUSEHOLD WORK,
R/O. ANAND NAGAR, ASHRAM ROAD,
VIJAYAPURA-586231.
2. SAVITA D/O SHIVSHANKAR CHALAMI,
AGE: 30 YEARS, OCC: NIL (MENTALLY DISABLE),
R/O. ANAND NAGAR, ASHRAM ROAD,
VIJAYAPUR-586231.
Digitally signed
by SACHIN ...PETITIONERS
Location: HIGH (BY SRI. SANGANABASAVA B.PATIL, ADVOCATE)
COURT OF
KARNATAKA
AND:
SHIVASHANKAR S/O SHIVAPPA CHALMI,
AGE: 61 YEARS, OCC: BANK EMPLOYEE,
R/O. SHRI SIDDESHWAR CO-OPERATIVE BANK,
HEAD OFFICE IN FRONT OF SIDDESHWAR TEMPLE,
VIJAYAPURA-586101.
...RESPONDENT
(BY SRI.GURURAJ V.HASILKAR, ADVOCATE)
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RPFC No. 200031 of 2023
C/W RPFC No. 200075 of 2022
THIS RPFC IS FILED UNDER SECTION 19(4) OF FAMILY
COURTS ACT, 1984, PRAYING TO MODIFY THE IMPUGNED
JUDGMENT AND ORDER DATED 26.09.2022 IN
CRL.MISC.NO.129/2020 PASSED BY THE I ADDL. PRL. JUDGE,
FAMILY COURT AT VIJAYAPUR THEREBY ENHANCING THE
MAINTENANCE AMOUNT TO RS.5,000/- OF PETITIONER NO.1
AND RS.4,000/- OF PETITIONER NO.2 PER MONTH BY
ALLOWING THE SAID REVISION PETITION.
IN RPFC No.200075/2022
BETWEEN:
SRI. SHIVASHANKAR S/O SHIVAPPA CHALAMI,
AGE: 59 YEARS, OCC: BANK EMPLOYEE,
R/O SRI SIDDESWAR CO. OPERATIVE BANK
HEAD OFFICE, INFRONT OF SIDDESHWAR TEMPLE,
VIJAYAPUR,
TQ. AND DIST. VIJAYAPUR-586101.
...PETITIONER
(BY SRI. GURURAJ V.HASILKAR, ADVOCATE)
AND:
1. SMT. ANNAPURNA W/O SHIVASHANKAR CHALAMI,
AGE: 50 YEARS, OCC: HOUSEHOLD WORK,
R/O ANAND NAGAR ASHRAM ROAD,
VIJAYAPUR,
TQ. AND DIST. VIJAYAPUR-586101.
2. SAVITA D/O SHIVASHANKAR CHALAMI,
AGE: 28 YEARS, OCC: NIL (MENTAL DISABLED)
R/O ANAND NAGAR, ASHRAM ROAD,
VIJAYAPUR-586101.
...RESPONDENTS
(BY SRI.SANGANABASAVA B.PATIL, ADVOCATE FOR R1;
NOTICE TO R2-SERVED)
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RPFC No. 200031 of 2023
C/W RPFC No. 200075 of 2022
THIS RPFC IS FILED UNDER SECTION 19(4) OF FAMILY
COURTS ACT, 1984, PRAYING TO ALLOW THIS REVISION
PETITION AND SET ASIDE THE IMPUGNED ORDER DATED 26TH
DAY SEPTEMBER 2022 IN CRIMINAL MISC.NO.129/2020
PASSED BY THE LEARNED I ADDL. PRL. JUDGE FAMILY COURT,
VIJAYAPUR.
THESE PETITIONS COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
In these petitions, the petitioners are assailing
the order dated 26.09.2022 in Crl.Misc.No.129 of 2020
on the file of I Additional Principal Judge, Family
Court, Vijayapura, granting maintenance to the wife
and mentally disabled child (daughter).
2. RPFC No.200031 of 2023 is filed by the
petitioners in Crl.Misc.No.129 of 2020 seeking
enhancement of maintenance and RPFC No.200075 of
2022 is filed by the respondent in Crl.Misc.No.129 of
2020 seeking quashing of the order of maintenance.
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3. For sake of convenience, rank of the parties
are referred to their the rank before the Family Court.
4. Heard the learned counsel appearing for the
parties.
5. Relevant facts for adjudication of the case
are that, petitioner No.1 is the legally wedded wife of
the respondent and their marriage was solemnized on
27.04.1990 at Neelakanteshwar Temple, Vijayapura.
In their wedlock, petitioner No.2 was born, who is
mentally challenged child. It is the case of the
petitioners that, the respondent was not taking care of
the petitioners and he was working at Shri Siddeshwar
Co-operative Bank Ltd., Vijayapur and drawing salary
of Rs.42,198/- (Ex.R6) and therefore, it is the case of
the petitioners that, the grant of maintenance of Rs.
5,000/- to the petitioner No.1, and Rs.4,000/- to
petitioner No.2 is inadequate and accordingly, sought
for enhancement of maintenance.
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6. On the other hand, respondent is contending
that, the award of maintenance by the Family Court is
on the higher side and he has purchased the plot to an
extent of 2 guntas, 14 anna and 28 paisa in Sy.No.
148/2 of Siddapur K village in the name of the
petitioners and two more other plots and having
purchased the plot, he constructed the building and it
is stated at paragraph 10 of the memorandum of
Revision Petition that he has constructed the building
by investing Rs.40,00,000/- by availing loan and he is
paying loan through installments to the creditors.
Accordingly, he sought for dismissal of the claim
petition.
7. Having taken note of the factual aspects on
record, there is no dispute with regard to marriage of
the petitioner No.1 with the respondent and in their
wedlock the petitioner No.2 is born, who is mentally
challenged child and further taking into account the
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fact that the respondent is working at Shri Siddeshwar
Co-operative Bank Ltd., Vijayapur, I am of the view
that, the grant of maintenance by the Family Court is
on the lower side and accordingly, the order dated
26.09.2022 passed by the Family Court, Vijayapur is
to be modified and the respondent-husband is directed
to pay maintenance of Rs.8,000/- to the petitioner
No.1 (Wife) and Rs.7,000/- to the petitioner No.2
(daughter), who is a mentally challenged and aged
about 30 years. Accordingly, RPFC No.200031 of 2023
filed by the petitioners-wife and daughter is partly
allowed in terms of the modification of maintenance
as stated above and RPFC No.200075 of 2022 filed by
the respondent-husband is dismissed.
Sd/-
JUDGE
SB
