Karnataka High Court
Mrs Nagma Banu W/O Tousif Ahmed vs Tousif S/O Abdul Sattar Laksharbazar on 22 October, 2024
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RPFC No. 100088 of 2024
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 22ND DAY OF OCTOBER, 2024
BEFORE
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
REV.PET FAMILY COURT NO. 100088 OF 2024
BETWEEN:
MRS. NAGMA BANU
W/O TOUSIF AHMED
(BEFORE MARRIAGE NAGMA BANU
D/O MEHABOOBASAB MAKANDAR),
AGE: 22 YEARS,
OCC: HOUSEHOLD WORK,
R/O: H.NO.294, S.M. KRISHNA NAGAR,
HUBBALLI-580 024, DIST: DHARWAD.
...PETITIONER
(BY SRI. D.L. LADKHAN, ADVOCATE)
AND:
TOUSIF
S/O ABDUL SATTAR LAKSHARBAZAR,
AGE: 32 YEARS, OCC: BUSINESS,
R/O: LAL SHA KATTA,
Digitally signed
SAVANUR-581 118,
by BHARATHI H
M DIST: HAVERI.
Location: HIGH
BHARATHI COURT OF ...RESPONDENT
HM KARNATAKA
DHARWAD
BENCH
Date: 2024.10.25
(BY SRI. VISHWANATH.K.BHAT, ADVOCATE)
10:56:03 +0530
THIS RPFC IS FILED UNDER SEC.19(4) OF THE FAMILY
COURT ACT, 1984, PRAYING TO CALL FOR RECORDS OF
CRL.MISC.NO.148/2023, DISPOSED OF ON 05.03.2024 BY
LEARNED PRINCIPAL JUDGE FAMILY COURT AT HUBBALLI, FOR
THE PURPOSE OF SATISFYING BY THIS COURT AS TO THE
CORRECTNESS, LEGALITY AND PROPRIETY OF THE ORDER,
AND AS TO THE REGULARITY OF SUCH PROCEEDING, IN THE
INTEREST OF JUSTICE AND ETC.,.
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RPFC No. 100088 of 2024
THIS PETITION IS COMING ON FOR ADMISSION, THIS
DAY, THE COURT MADE THE FOLLOWING:
CORAM: THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
ORAL ORDER
The present writ petition is filed assailing the order
passed in Crl.Misc.No.148/2023 dated 05.03.2024 whereby
the Court has granted maintenance of an amount of
Rs.3,000/- from the date of petition till the date of order.
2. The brief facts of the case are that;
The marriage of the petitioner and the respondent was
performed on 30.12.2018 at Hubballi as per customs and
tradition prevailing as per Muslim law. There are no children
out of their wedlock. Because of the differences between the
parties, they are residing separately and the wife has
obtained the divorce. It is the case of the wife that husband
is owning two properties i.e an agricultural land measuring to
an extent of 3 acres and a house property measuring 55.79
sq.mtrs. Total value of the property is more than one crore
rupees. It is her case that the husband has contracted
second marriage on 17.08.2020. The husband is responsible
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to take care of the wife. She has claimed maintenance of an
amount of Rs.50,000/- per month. The Court had granted an
amount of Rs.3,000/- per month and while passing such
order, the Court has observed that considering the age of the
petitioner and the respondent, the present standard of living
and also considering the fact that the husband is having
hearing impairment and the diagnosis in his case is speech
disability of 81% and the respondent is having old age
mother, the Court had granted an amount of Rs.3,000/- as
maintenance and that amount has to be paid from the date
of petition till the date of order.
3. Learned counsel appearing for the petitioner wife
submits that when an application is filed under Section 125
of Cr.P.C., the Court cannot restrict the order from the date
of petition till the date of the order. He submits that under
Section 125 of Cr.P.C., the wife is entitled for maintenance
and it cannot be restricted till the date of order. It is
submitted that the husband had filed the statement of assets
and liabilities and in that it is mentioned that his monthly
expenses are Rs.13,000/- and he is paying an amount of
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Rs.5,000/- per month to his mother. When it comes to the
income, it is stated that his income is 1400/-. Learned
counsel submits that the submission made on behalf of the
husband cannot be believed and it is submitted that only to
avoid maintenance to the wife, he has come up before this
Court with false submissions and misrepresentation of facts.
4. Learned counsel appearing for the respondent husband
submits that the husband is a physically disabled person
suffering with 80% disability. The Court had considered all
these issues and granted Rs.3,000/- as maintenance. He
submits that the trial Court has rightly passed an order and
no interference is called for.
5. Having heard the learned counsel on either side,
perused material on record.
6. This order is passed on 05.03.2024. By that time,
judgment of Hon'ble Apex Court in the case of Rajnesh V/s.
Neha and another1 is in force. The Court has not insisted
for the statement of assets and liabilities from both the
AIR 2021 Supreme Court 569
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parties and basing on the respective stands taken by the
parties, the maintenance is granted by the Court. No doubt
respondent husband is a physically impaired person and
disability is assessed at 80%. It is not the case of the
husband that after filing of the petition, after the marriage
he has attained that disability. The certificate placed before
the Court is of the year 2016 and the marriage had taken
place in the year 2018. When his income itself is Rs.1400/-
according to him, how he is able to spend thousands of
rupees per month as expenditure and what is the income
that is derived from the agriculture land is also not
forthcoming. The Family Court without going into all these
issues, without deciding the same, the Court cannot grant
the maintenance without any basis at Rs.3,000/- per month.
In the light of the above discussion, this Court deems it
appropriate to pass the following:
ORDER
1) The order passed in Crl. Misc.No.148/2023 dated
05.03.2024 by the Family Court, Hubballi is set
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aside and the matter is remanded back to the
trial Court for fresh consideration.
2) Both the parties shall file their respective
statement of assets and liabilities before the trial
Court and trial Court shall consider the same and
pass appropriate order within a period of six
months from the date of receipt of copy of this
order.
3) Without further notice, the parties shall appear
before the Court on 25.11.2024.
4) Accordingly, RPFC is disposed of.
Sd/-
JUSTICE LALITHA KANNEGANTI
HMB
CT:BCK
