Sri Shivaji S/O Pandurang Vadoni vs Smt Kavya W/O Shivaji Vadoni
2024 Latest Caselaw 12680 Kant

Karnataka High Court

Sri Shivaji S/O Pandurang Vadoni vs Smt Kavya W/O Shivaji Vadoni on 6 June, 2024

Author: M.G.S. Kamal

Bench: M.G.S. Kamal

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                                                         NC: 2024:KHC-D:7579
                                                         RPFC No. 100029 of 2024




                        IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

                                DATED THIS THE 6TH DAY OF JUNE, 2024

                                               BEFORE

                                THE HON'BLE MR JUSTICE M.G.S. KAMAL

                               REV.PET FAMILY COURT NO.100029/2024

                   BETWEEN:

                   SRI SHIVAJI S/O. PANDURANG VADONI,
                   AGE: 54 YEARS, OCC: NIL,
                   R/O: INDIRANAGAR, HAVERI (JANATA PLOT),
                   NEAR BAHADDUR, DESAI SHOWROOM,
                   HAVERI - 581 115.
                                                                       ...PETITIONER
                   (BY SRI HANUMANTHAREDDY SAHUKAR, ADVOCATE)

                   AND:

                   1.     SMT. KAVYA W/O. SHIVAJI VADONI,
                          AGE: 43 YEARS, OCC: HOME MAKER,
                          R/O: INDIRANAGAR HAVERI, TQ: DIST: HAVERI.

                   2.     MAHAHDIVYALAXMI D/O. SHIVAJI VADONI,
                          AGE: 17 YEARS, OCC: STUDENT.

Digitally signed   3.     VINAYAKUMAR S/O. SHIVAJI VADONI,
by
YASHAVANT                 AGE: 15 YEARS, OCC: STUDENT.
NARAYANKAR
Location: High
Court of
Karnataka
                          PETITIONERS NO.2 AND 3 ARE MINOR
                          REPRESENTED BY THEIR MOTHER I.E
                          PETITIONER NO. 1 SMT. KAVYA
                          W/O. SHIVAJI VADONI AGE: 43 YEARS,
                          OCC: HOME MAKER, R/O: INDIRANAGAR,
                          HAVERI, TQ:DIST: HAVERI - 581 115.
                                                                     ...RESPONDENTS
                   (BY SRI S.G.KADADAKATTI, ADVOCATE FOR R1;
                   R2 AND R3 ARE MINORS REP. BY R1)


                           THIS RPFC IS FILED UNDER SEC.19(4) OF THE FAMILY COURT
                   ACT,    1984,   AGAINST   THE   JUDGMENT    AND   ORDER   DATED
                              -2-
                                        NC: 2024:KHC-D:7579
                                        RPFC No. 100029 of 2024




29.12.2023, IN CRL.MISC. NO.18/2023, ON THE FILE OF THE
PRINCIPAL JUDGE, FAMILY COURT, HAVERI AND ETC.


     THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE
COURT MADE THE FOLLOWING:


                           ORDER

This revision petition is by the husband of

Respondent No.1 and father of Respondent Nos.2 and 3

aggrieved by the order dated 29.12.2023 passed in

Criminal Miscellaneous No.18/2023 on the file of Principal

Civil Judge, Family Court, Haveri by which the Family

Court has awarded maintenance of Rs.3,500/- each to the

Respondent Nos.2 and 3 who were Petitioner Nos.2 and 3

before the Family Court. The claim as regard to the

Respondent No.1 who was the Petitioner No.1 before the

Family Court, has been rejected.

2. The only contention raised by learned counsel

for the petitioner before this Court is that his inability to

earn and pay the maintenance amount as directed by the

Family Court. It is contended that the petitioner who was

earlier eking his livelihood by doing tailoring work, has not

NC: 2024:KHC-D:7579

been able to pursue his avocation in view of he losing the

vision due to his ill-health.

3. Learned counsel for the petitioner further

submits that the direction to pay sum of Rs.3,500/- each

to the Respondent Nos.2 and 3 is causing undue hardship

and is unable to bear the burden.

4. Per contra, learned counsel for the respondents

submits that the petitioner is carrying business in textile

and also doing real estate business, earning handsome

income and the amount as granted itself is meager. No

hardship would be cause.

5. Heard and perused the records.

6. Though the petitioner during the proceedings

before the Family Court had denied his relationship with

the respondent No.1, the Family Court has prima-facie

found her to be the second wife of the petitioner.

However, the children born to the petitioner and the

NC: 2024:KHC-D:7579

respondent No.1 have been held to be entitled for the

maintenance.

7. On query by this Court, learned counsel for the

respondents submits that the respondents are residing in

the house belonging to the petitioner.

8. Considering the submissions made by learned

counsel for the parties and also the health condition urged

by the counsel for the petitioner more particularly the

petitioner providing residential accommodation to the

respondents, this court is of the view that instead of

Rs.3,500/- each to the respondent Nos.2 and 3, the

petitioner shall be directed to pay Rs.2,500/- each to the

respondent Nos.2 and 3. The petitioner shall continue to

pay the said sum of Rs.2,500/- each to the respondent

Nos.2 and 3 before the Family Court.

9. With the above modification, petition is

disposed off. Amount in deposit, if any, shall be

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transmitted to the Family Court payable to the

respondents on proper identification.

SD/-

JUDGE

SMM/CT-ASC