Karnataka High Court
Shri.Sanjay S/O Basvant Ghaste vs Smt.Kaveri W/O Sanjay Ghaste on 7 June, 2024
Author: M.G.S. Kamal
Bench: M.G.S. Kamal
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NC: 2024:KHC-D:7640
RPFC No. 100179 of 2023
C/W RPFC No. 100019 of 2021
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
REV.PET FAMILY COURT NO.100179/2023
C/W
REV.PET FAMILY COURT NO.100019/2021
IN RPFC.NO.100179/2023:
BETWEEN:
SMT. KAVERI
W/O. SANJAY GHASTE,
AGE: 43 YEARS,
OCC: HOUSEHOLD,
R/AT: SHANBAG BUILDING,
MARUTI COLONY,
SHAHU NAGAR,
BELAGAVI - 590 010.
...PETITIONER
(BY SRI SIDDAPPA SAJJAN, ADVOCATE)
Digitally signed
by YASHAVANT
NARAYANKAR
AND:
Location: High
Court of
Karnataka
SRI SANJAY BASAVANT GHASTE,
AGE: MAJOR,
OCC: SERVICE,
R/AT: PLOT NO.29, SECTOR-5
SRI NAGAR,
BELAGAVI - 590 010.
...RESPONDENT
(BY SRI JAGADISH PATIL AND
C.S.SHETTAR, ADVOCATES)
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NC: 2024:KHC-D:7640
RPFC No. 100179 of 2023
C/W RPFC No. 100019 of 2021
THIS RPFC IS FILED UNDER SEC.19(4) OF THE FAMILY
COURT ACT, PRAYING TO, MODIFY THE JUDGMENT, IN
CRIL.MISC. NO. 466/2017 DATED 19.02.2021, PASSED BY THE
COURT OF JUDGE, FAMILY COURT AT BELAGAVI AND ETC.,
IN RPFC.NO.100179/2023:
BETWEEN:
SRI SANJAY BASAVANTGHASTE,
AGE: MAJOR,
OCC: GOVT. SERVICE,
R/AT: PLOT NO.29, SECTOR-5
SRI NAGAR, BELAGAVI.
...PETITIONER
(BY SRI JAGADISH PATIL, ADVOCATE)
AND:
SMT. KAVERI
W/O. SANJAY GHASTE,
AGE: 37 YEARS,
OCC: HOUSEHOLD,
R/AT: SHANBAG BUILDING,
MARUTI COLONY, SHAHU NAGAR,
BELAGAVI - 590 010.
...RESPONDENT
(BY SRI SIDDAPPA SAJJAN, ADVOCATE)
THIS RPFC IS FILED UNDER SEC.19(4) OF THE FAMILY
COURT ACT, PRAYING TO, SET ASIDE THE ORDER DATED
19.02.2021 IN CRI.MISC.NO.466/2017 PASSED BY THE JUDGE
FAMILY COURT, BELAGAVI ETC.,
THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
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NC: 2024:KHC-D:7640
RPFC No. 100179 of 2023
C/W RPFC No. 100019 of 2021
ORDER
R.P.F.C.No.100179/2023 is filed by the wife and
R.P.F.C.No.100019/2021 is filed by the husband aggrieved
by the dated 19.02.2021 passed in Criminal Miscellaneous
No.466/2017 on the file of Family Court, Belagavi by which
the respondent-husband is directed to pay Rs.9,000/- per
month as maintenance to the petitioner-wife from the date
of petition till her lifetime.
2. Wife who is the petitioner in
R.P.F.C.No.100179/2023 is before this Court seeking
enhancement and the respondent-husband is before this
Court seeking reduction of maintenance amount awarded
by the Family Court.
3. Marriage between the parties which was
solemnized on 22.11.2000 and a child having born to the
petitioner, is not in denial. There appears to be some
matrimonial discord between the parties leading up to the
dispute.
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4. It is contended that the petitioner-wife was
constrained to leave the matrimonial home and to live with
her mother. Contention of the petitioner-wife is that now
even her mother is no more and she staying all alone in a
rented house paying rent of Rs.8,000/- with the help of
her brother.
5. Learned counsel for the petitioner-wife submits
that the respondent-husband is working as Executive
Engineer in Public Works Department, Belagavi and
earning a salary of in excess of Rs.75,000/- per month.
Hence, he submits that considering the requirement of the
petitioner, the maintenance amount be enhanced from
Rs.9,000/- to Rs.25,000/- per month.
6. Learned counsel appearing for the respondent-
husband vehemently opposing the same and submits that
the petitioner-wife left the marital home even when the
child was just about seven months old. Ever since then,
the respondent-husband is taking care of the child on his
own.
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7. Learned counsel for the respondent-husband
further submits that though the salary certificate produced
at Ex.R.1 shows the income of the respondent at
Rs.73,000/- per month. The same is a gross salary, and
that after deduction, his take home salary is less than
Rs.40,000/- per month.
8. Learned counsel for the respondent-husband
further submits that the petitioner-wife having voluntarily
deserted the respondent-husband cannot claim the
maintenance as a matter of right.
9. Thus, he submits that the enhancement sought
for by the petitioner-wife is exorbitant and the same would
cause unbearable hardship to the respondent-husband.
10. Submission is taken on record.
11. There is no dispute at the fact that the
respondent-husband is working as a Chief Executive
Officer in the Public Works Department and receiving a
definite income per month. Though there is a submission
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with regard to the rate of income, the fact remains that
the parties were accustomed to a certain standard of life
that cannot be ignored which is one of the criteria. While
fixing the claim for maintenance.
12. The Family Court has awarded Rs.9,000/- per
month towards the maintenance of the petitioner-wife. The
fact that the petitioner-wife is residing in a rented house
all alone also cannot be ignored.
13. In that view of the matter, taking overall facts
and circumstance of the case, this Court is of considered
view that the maintenance amount awarded by the Family
Court at Rs.9,000/- per month be enhanced to
Rs.15,000/- per month.
14. With the above modification, both the petitions
are disposed off.
15. The other direction issued with the Family Court
shall remain intact.
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16. The enhanced amount of maintenance shall be
paid from the date of this order.
SD/-
JUDGE
SMM/CT-ASC
