Karnataka High Court
Zakeer Husain Mulla S/O. Abdul Khadar ... vs Anjum W/O. Zakeer Husain Mulla on 28 May, 2024
Author: M.G.S. Kamal
Bench: M.G.S. Kamal
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NC: 2024:KHC-D:7040
RPFC No. 100081 of 2024
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 28TH DAY OF MAY, 2024
BEFORE
THE HON'BLE MR JUSTICE M.G.S. KAMAL
REV.PET FAMILY COURT NO.100081/2024
BETWEEN:
ZAKEER HUSAIN MULLA S/O. ABDUL KHADAR MULLA,
AGED ABOUT 41 YEARS,
R/O: HASHMI NAGAR, OPP. HASHMI MASJID,
YATTINAGUDDA ROAD, MALAPUR,
DHARWAD, DHARWAD DISTRICT - 581 206.
OCC: COMPUTER OPERATOR (SUPERINTENDENT
OF ENGINEERING OFFICE, DHARWAD.
... PETITIONER
(BY SRI SHARATH P. HANAMARADDI, ADVOCATE)
AND:
1. ANJUM W/O. ZAKEER HUSAIN MULLA,
AGED ABOUT 30 YEARS.
Digitally signed
by YASHAVANT
2. RIFAT SULTANA D/O. SAKEER HUSSAIN MULLA,
NARAYANKAR
Location: High
AGED ABOUT 6 YEARS.
Court of
Karnataka
SINCE MINOR REPRESENTED BY HER
MOTHER I.E. RESPONDENT NO.1
BOTH, R/AT C/O: JAVEED GARAG
VANITHA SEVA SAMAJ, GARAG COMPUND,
DHARWAD, DHARWAD - 581 105.
... RESPONDENTS
THIS RPFC IS FILED UNDER SECTION 19(4) OF THE FAMILY
COURT ACT, 1984, PRAYING TO SET ASIDE THE IMPUGNED
JUDGMENT DATED 15.03.2024 ON THE FILE OF THE PRL. JUDGE
FAMILY COURT, DHARWAD AS PER ANNEXURE-A, INSOFAR AS THE
MAINTENANCE OF RS. 4,000/- PER MONTH FROM DATE OF PETITION
GRANTED TO RESPONDENT NO.2 PASSED IN CRL.MISC.NO.109/2020
IN THE INTEREST OF JUSTICE AND EQUITY AND ETC.,
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NC: 2024:KHC-D:7040
RPFC No. 100081 of 2024
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE
COURT MADE THE FOLLOWING:
ORDER
1. Learned counsel appearing for the petitioner
submits that the petitioner would pay and continue to pay
maintenance of Rs.4,000/- (Rupees four thousand only)
per month as directed by the Prl. Judge, Family Court,
Dharwad in the impugned order dated 15.03.2024 passed
in Crl. Misc. No.109/2020.
2. Only grievance of the petitioner is that in the
said order, the Family Court, has directed the petitioner to
pay maintenance from the date of the application which
would come upto about Rs.1,60,000/- (Rupees one lakh
sixty thousand only).
3. Learned counsel for the petitioner submits that
the respondent has initiated execution proceedings in
Crl. Misc. No.118/2024 before the Family Court, Dharwad
seeking enforcement of the order and warrant has been
issued against the petitioner.
NC: 2024:KHC-D:7040
4. Learned counsel for the petitioner on
instructions submits that the petitioner is ready and willing
to pay 50% of the arrears amount within two weeks and
the remaining 50% of the arrears amount within four
weeks thereafter.
5. He further submits that he has no other
grievance in the matter.
6. Submission is taken on record.
7. The petitioner shall deposit the amount as
undertaken hereinabove before the Prl. Judge, Family
Court, Dharwad.
8. It is made clear that no precipitative action be
taken against the petitioner - husband in view of the
undertaken given above.
9. If the petitioner fails to deposit the said amount
as undertaken, the respondent is at liberty to proceed
against the petitioner in accordance with law. Since this
NC: 2024:KHC-D:7040
order is passed for this limited extent, notice to
respondent is dispensed with.
10. Registry to send the copy of this order to the
respondent and to the Prl. Judge, Family Court, Dharwad.
11. In that view of the matter, the petition is
disposed off.
In view of the disposal of the petition, pending
applications, if any, do not survive for consideration.
SD/-
JUDGE
Vnp* / CT-ASC
