Karnataka High Court
Sri Nagaraj S/O Chandrashekar ... vs Smtn Sharadadevi W/O Nagappa ... on 14 November, 2024
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NC: 2024:KHC-D:16689
RPFC No. 100013 of 2024
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 14TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
REV.PET FAMILY COURT NO. 100013 OF 2024
BETWEEN:
SRI. NAGARAJ
S/O CHANDRASHEKAR CHANDARGIMATH,
AGE: 49 YEARS, OCC: AGRICULTURE,
BUSINESS, R/O: ARAVATAGI,
TQ: ALNAVAR, DIST: DHARWAD,
PIN-581 103.
...PETITIONER
(BY SRI. CHETAN KULKARNI,
SRI. PRAFULLA NAIK AND
SRI. VINAYAK BHAT, ADVOCATES)
AND:
1. SMT. SHARADADEVI
W/O NAGARAJ CHANDARGIMATH,
AGE: 37 YEARS, OCC: PRIVATE TEACHER,
R/O: PLOT NO.11, R.S.NO.45,
SAKSHI BUILDING,
Digitally signed
by V N BADIGER
Location: HIGH
S-2 SAINT MERRY SCHOOL,
VN COURT OF
KARNATAKA BHAGYA NAGAR, 4TH CROSS,
BADIGER DHARWAD
BENCH
Date: 2024.11.20
VIDYA NAGAR, ANGOL,
10:34:55 +0530
BELAGAVI, DIST: BELAGAVI,
PIN-590 002.
2. KUMARI BHOOMIKA
D/O NAGARAJ CHANDARGIMATH,
AGE: 17 YEARS, OCC: STUDENT,
R/O: PLOT NO.11,
R.S.NO.45, SAKSHI BUILDING,
S-2 SAINT MERRY SCHOOL,
BHAGYA NAGAR, 4TH CROSS,
VIDYA NAGAR, ANGOL,
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NC: 2024:KHC-D:16689
RPFC No. 100013 of 2024
BELAGAVI, DIST: BELAGAVI,
PIN-590 002.
(SINCE MINOR REP. BY MINOR
GUARDIAN MOTHER I.E. PETITIONER
NO.1)
...RESPONDENTS
(BY SRI. T. HANUMAREDDY, ADVOCATE FOR R1)
THIS RPFC IS FILED UNDER SECTION 19(4) OF THE
FAMILY COURT ACT, 1984, AGAINST THE JUDGMENT AND
ORDER DATED 11.12.2023, IN CRL.MISC. NO.264/2022, ON
THE FILE OF THE I ADDITIONAL PRINCIPAL JUDGE, FAMILY
COURT BELAGAVI, PARTLY ALLOWING THE PETITION FILED
UNDER SEC.125 OF CR.P.C.
THIS PETITION IS COMING ON FOR HEARING, THIS DAY,
THE COURT MADE THE FOLLOWING:
CORAM: THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
ORAL ORDER
Aggrieved by the order passed in Crl.Misc.No.264/2022
dated 11.12.2023 by the I Additional Principal Judge, Family
Court, Belagavi, the petitioner/husband is before this Court.
2. The parties are referred to as husband and wife for the
sake of convenience.
3. The wife had filed Crl.Misc.No.264/2022 under Section
125 of Cr.P.C. seeking maintenance of an amount of
Rs.25,000/- per month to herself and an amount of
Rs.15,000/- per month to respondent No.2/the minor daughter.
It is the case of the wife that the husband has failed to take
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care of the wife and also the husband has filed a petition for
restitution of conjugal rights and immediately without even
giving an opportunity to her to join him, another M.C. is filed
seeking divorce. It is the case of the wife that she requires
maintenance of an amount of Rs.25,000/- per month for herself
and an amount of Rs.15,000/- per month for her minor
daughter.
4. The husband had filed his objections and it is his case
that the wife has failed to join the husband as such, he was
constrained to file the petition seeking divorce. It is his case
that out of three children, two children are residing with him
and he has to take care of the two children and his old aged
parents and he cannot pay the maintenance sought by the wife
and the wife is earning.
5. Learned counsel appearing for the respondent No.1/
wife submits that as per the admission of the husband, he is
having a four wheeler and he is having other landed properties.
It is submitted that he is also having house properties and in
his evidence, it is stated that he is sending one of the
daughters to the farm to work which shows that he is not
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taking care of the children. Learned counsel submits that the
wife is earning an amount of Rs.12,000/- per month and that is
not sufficient for her to take care of herself and her minor
daughter. It is submitted that the trial Court considering the
difficulties faced by the wife had rightly granted an amount of
Rs.20,000/- per month as maintenance and no grounds are
made out seeking interference with the well considered order
passed by the trial Court.
6. Having heard the learned counsels on either side,
perused the entire material on record. The undisputed facts are
that the M.C. that is filed by the husband for restitution of
conjugal rights is decreed and thereafter, the husband had filed
the M.C. seeking divorce. According to the wife, the husband
without even giving an opportunity for the wife to join had filed
the M.C. for divorce and he has no intention to take her back.
According to the wife, she is earning an amount of Rs.12,000/-
per month and the same is not sufficient to maintain herself
and the minor daughter. The two children are staying with the
husband. The reasons stated by both of them are not germane
for consideration for this Court in this petition. According to the
wife, the husband had stated that one of the children is working
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in a farm. According to the husband, to pay the maintenance to
the wife, all of them have to work.
7. It is an admitted fact that the husband is an
agriculturist and he is having land measuring 7 acres and odd
in his name and some more land is in the name of his father.
The fact remains is that he is an agriculturist and the trial Court
had granted an amount of Rs.20,000/- per month to the wife
and minor child without even considering the fact that the two
children are residing with the husband. The husband had to
take care of the two children as well as his parents. This aspect
is not discussed by the trial Court.
8. Considering the fact that the wife is already earning an
amount of Rs.12,000/- per month, this Court deems it
appropriate to modify the order passed by the trial Court
reducing the maintenance from an amount of Rs.20,000/- to an
amount of Rs.10,000/-. Hence, this Court is passing the
following order:
ORDER
i. The order passed in Crl.Misc.No.264/2022
dated 11.12.2023 by the I Additional
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Principal Judge, Family Court, Belagavi, is
modified.
ii. The maintenance is reduced from an amount
of Rs.20,000/- to Rs.10,000/- per month.
iii. Accordingly, the revision petition is partly
allowed.
iv. All I.As. in this petition shall stand closed.
Sd/-
JUSTICE LALITHA KANNEGANTI
MEG
CT:BCK
