Karnataka High Court
Smt Jayalaxmi W/O. Ashwinkumar Peese vs Ashwinkumar S/O. Prahlad Peese on 7 June, 2024
Author: M.G.S. Kamal
Bench: M.G.S. Kamal
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NC: 2024:KHC-D:7621
RPFC No. 100034 of 2020
C/W RPFC No. 100007 of 2020
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 7TH DAY OF JUNE, 2024
BEFORE
THE HON'BLE MR JUSTICE M.G.S. KAMAL
RPFC NO. 100034 OF 2020
C/W. RPFC NO. 100007 OF 2020
In RPFC No.100034/2020:
BETWEEN:
1. SMT. JAYALAXMI
W/O. ASHWINKUMAR PEESE,
AGE : 38 YEARS, OCC : HOUSEHOLD,
R/O: TABIBLAND, HUBBALLI - 580 020.
2. KUMARI TANISHKA
D/O. ASHWINKUMAR PEESE,
AGE : 10 YEARS, OCC : HOUSEHOLD,
R/O.TABIBLAND, HUBBALLI-580020
(PETITIONER NO.2 IS THE MINOR R/BY HER MINOR
Digitally
signed by GUARDIAN NATURAL MOTHER PETITIONER NO.1)
YASHAVANT
NARAYANKAR ...PETITIONERS
Location: High
Court of (BY SRI NAVEEN CHATRAD, ADVOCATE)
Karnataka
AND:
ASHWINKUMAR S/O. PRAHLAD PEESE,
AGE : 59 YEARS,
OCC : PRIVATE SERVICE (ADVOCATE),
R/O : HOUSE NO.135, 4TH MAIN ROAD,
6TH CROSS, L.M.PURAM,
SHIRAMPURAM, BENGALURU - 560 001.
...RESPONDENT
(BY SRI H.S.SURESH AND
IRANAGOUDA K. KABBUR, ADVOCATES)
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RPFC No. 100034 of 2020
C/W RPFC No. 100007 of 2020
THIS RPFC IS FILED UNDER SEC.19(4) OF THE FAMILY COURT
ACT, PRAYING TO ALLOW THIS PETITION AND ENHANCE
MAINTENANCE AMOUNT AS PRAYED IN THE CLAIM PETITION BY
MODIFYING THE ORDER DATED 08.11.2019 PASSED BY THE
PRINCIPAL FAMILY COURT, HUBBALLI IN CRIM.MISC.NO.337/2017
IN THE INTEREST OF JUSTICE AND EQUITY AND ETC.,
In RPFC No.100007/2020:
BETWEEN:
SRI ASHWINKUMAR S/O. PRAHLAD PISE,
AGED ABOUT 59 YEARS, OCC: ADVOCATE,
R/AT: HOUSE NO.135, 4TH MAIN,
6TH CROSS, M.L.PURAM,
SHRRERAMPURAM, BENGALURU.
...PETITIONER
(BY SRI H.S.SURESH AND
IRANAGOUDA K. KABBUR, ADVOCATES)
AND:
1. SMT. JAYALAXMI W/O. ASHWINKUMAR PISE,
AGED ABOUT 38 YEARS, OCC : HOUSEHOLD.
2. KUMARI TANISHKA D/O. ASHWINKUMAR PISE,
AGED ABOUT 10 YEARS, OCC: STUDENT.
SINCE MINOR REPRESENTED BY
HER NATURAL MOTHER GUARDIAN
RESPONDENT NO.1
SMT.JAYALAXMI W/O. ASHWINKUMAR PISE
BOTH ARE R/O: TABEEB LAND, HUBBALLI,
DIST: DHARWAD - 580 020.
...RESPONDENTS
(BY SRI NAVEEN CHATRAD, ADVOCATE FOR R1;
R2 IS MINOR REP. BY R1)
THIS RPFC IS FILED UNDER SEC.19(4) OF THE FAMILY COURT
ACT, AGAINST THE JUDGMENT AND ORDER DATED 08.11.2019, IN
CRL.MISC. NO.337/2017, ON THE FILE OF THE PRINCIPAL JUDGE,
FAMILY COURT, HUBBALLI AND ETC.,
THESE PETITIONS, COMING ON FOR ADMISSION, THIS DAY,
THE COURT MADE THE FOLLOWING:
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RPFC No. 100034 of 2020
C/W RPFC No. 100007 of 2020
ORDER
1. RPFC No.100034/2020 is filed by the petitioners
- wife &daughter of the respondent seeking enhancement
of the maintenance amount of Rs.6,000/- & Rs.5,000/-
respectively granted by the Prl. Family Court, Hubballi by
its order dated 08.11.2019 passed in Crl. Misc.
No.337/2017 and RPFC No.100007/2020 is filed by the
petitioner - husband seeking reduction of the maintenance
amount.
2. The marriage of the petitioner No.1 with the
respondent was solemnized on the 19.12.2007.
The allegations are made against the Respondent -
husband regarding harassment and demands for cash and
jewelry. It is contended that, the respondent-husband
made the petitioner-wife to stay with her parents on the
promise of he taking her to Bengaluru. However, he was
visiting on and off but he did not take the petitioner No.1.
The petitioner No.2-daughter was born on 05.11.2010.
Ever since then, the petitioner has been residing with her
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parents with the child and the respondent-husband has
neglected to maintain his wife and the child, constraining
them to approach the Court by filing the petition under
Section 125 of Cr.P.C.
3. The petitioner has examined herself as PW1 and
two additional witnesses were examined as PW2 & PW3,
exhibited 19 documents marked as Exs.P1 to P19.
However, the respondent has not appeared before the
Family Court and has not contested the matter.
4. Taking note of the evidence available on record,
the Family Court has awarded maintenance at the rate of
Rs.6,000/- to petitioner No.1-wife and Rs.5,000/- to
petitioner No.2-daughter.
5. Being dissatisfied with the quantum of
maintenance amount awarded by the Family Court, the
petitioners are before this Court seeking enhancement of
maintenance and the respondent is before this Court
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seeking reduction of the maintenance amount awarded by
the Family Court.
6. Heard the learned counsel appearing for the
parties and perused the records.
7. Respondent-husband is that the respondent is
an Advocate by profession practicing at Bengaluru. This
Court had directed the parties to file declaration in the
form of affidavits of their assets and liabilities, which is
filed. The respondent-husband claims to have been
earning only Rs.20,000/- per month depending upon the
cases. He has also enclosed the copy of the Income Tax
returns showing his net income as Rs.3,70,250/- p.a.
8. Be that as it may. Considering the factual
aspect of the matter, more particularly, the respondent
being a practicing Advocate, presently aged about 63
years, it is inconceivable that he is earning only
Rs.20,000/- per month in the city of Bangalore.
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9. Learned counsel for the respondent submits
that a reasonable enhancement can be made but not as
being claimed the petitioners.
10. Learned counsel appearing for the petitioner
No.1-wife submits that, petitioner No.2 is studying in 8th
standard in Rotary School and the annual fee payable is
Rs.23,000/-. That apart, she also has to bear the other
routine expenses.
11. In response, learned counsel appearing for the
respondent - husband fairly submits that, the respondent-
husband is ready and willing to pay the actual School Fees
subject to the petitioner No.1-wife furnishing the
information of the School Fees of their daughter payable
annually. The said submission is taken on record as an
undertaking on behalf of the respondent.
12. Considering the status of the parties, this Court
is of the considered view that, the maintenance awarded
by the Family Court be enhanced to Rs.10,000/- per
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month payable to the wife and Rs.6,000/- per motnh
payable to the daughter.
13. Further the respondent-husband shall pay the
School fees as undertaken subject to petitioner No.1-wife
furnishing / intimating the respondent-husband about the
school fees as and when the same becomes payable.
14. In that view of the matter, the petition is
allowed in part.
SD/-
JUDGE
Vnp*
