Karnataka High Court

Dr. Yashvant vs Veena on 6 August, 2025

Author: Shivashankar Amarannavar

Bench: Shivashankar Amarannavar

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                                                       RPFC No. 200130 of 2024
                                                   C/W RPFC No. 200005 of 2025

                       HC-KAR




                                   IN THE HIGH COURT OF KARNATAKA,

                                          KALABURAGI BENCH

                                DATED THIS THE 6TH DAY OF AUGUST, 2025

                                               BEFORE

                      THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

                                REV.PET FAMILY COURT NO.200130 OF 2024
                                                 C/W
                                REV.PET FAMILY COURT NO.200005 OF 2025

                      IN R.P.F.C. NO.200130 OF 2024:

                      BETWEEN:

                      DR. YASHAVANT
                      S/O KESU RATHOD,
                      AGE: 42 YEARS,
                      OCC: MEDICAL PRACTITIONER,
                      R/O: SHANTI CLINIC, BASAVESHWAR NAGAR,
                      CHITTAPUR ROAD, YADGIRI - 585 211.

                                                                  ...PETITIONER
Digitally signed by   (BY SRI GANESH NAIK, ADVOCATE)
SHIVALEELA
DATTATRAYA
UDAGI                 AND:
Location: HIGH
COURT OF              SMT. VEENA
KARNATAKA
                      W/O YASHAVANT RATHOD,
                      AGE: 40 YEARS,
                      OCC: HOUSEHOLD,
                      R/O: MULASAVALAGI L.T.,
                      NOW RESIDING AT C/O: SHANKAR G. CHAVAN,
                      H.NO.86, IIND CROSS, VIVEKANAGAR,
                      VIJAYAPURA - 586 101.

                                                                 ...RESPONDENT

                      (BY SMT. HEMA L. K. & MISS. RAJESHWARI JAMADAR, ADVS.)
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                                     NC: 2025:KHC-K:4476
                                RPFC No. 200130 of 2024
                            C/W RPFC No. 200005 of 2025

HC-KAR




     THIS REVISION PETITION FAMILY COURT IS FILED
UNDER SECTION 19(4) OF THE FAMILY COURTS ACT, PRAYING
TO SET ASIDE THE IMPUGNED ORDER DATED 14.10.2024
PASSED BY I ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT
AT VIJAYAPUR IN CRL. MISC. NO.214/2020 AND AWARD
MAINTENANCE TO THE PETITIONER AS PRAYED FOR, IN THE
INTEREST OF JUSTICE.

IN R.P.F.C. NO.200005 OF 2025:

BETWEEN:

VEENA W/O YASHAVANT RATHOD,
AGE: 40 YEARS,
OCC: HOUSEHOLD,
R/O: MULASAVALAGI L.T.,
NOW AT C/O: SHANKAR G. CHAVAN,
H.NO.86, IIND CROSS, VIVEKANAGAR,
VIJAYAPURA - 586 101.
                                           ...PETITIONER

(BY SMT. HEMA L. KULKARNI, SRI LAXMIKANT H.K., AND
MISS. RAJESHWARI JAMADAR, ADVS.)

AND:

DR. YASHAVANT
S/O KESU RATHOD,
AGE: 42 YEARS,
OCC: MEDICAL PRACTITIONER,
R/O: SHANTI CLINIC, BASAVESHWAR NAGAR,
CHITTAPUR ROAD, YADGIR - 585 202.
                                          ...RESPONDENT
(BY SRI GANESH NAIK, ADVOCATE)

    THIS REVISION PETITION FAMILY COURT IS FILED
UNDER SECTION 19(4) OF THE FAMILY COURTS ACT, PRAYING
TO MODIFY THE JUDGMENT AND DECREE DATED 14.10.2024
PASSED BY THE I ADDITIONAL PRINCIPAL JUDGE, FAMILY
COURT, VIJAYAPURA IN CRL.MISC.NO.214/2020 AND ENHANCE
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                                        NC: 2025:KHC-K:4476
                                  RPFC No. 200130 of 2024
                              C/W RPFC No. 200005 of 2025

HC-KAR




THE MAINTENANCE AMOUNT 25,000/- TO 50,000/- IN THE
INTEREST OF JUSTICE AND EQUITY.

     THESE REVISION PETITION FAMILY COURT, COMING ON
FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS
UNDER:

CORAM:    HON'BLE MR. JUSTICE SHIVASHANKAR
          AMARANNAVAR


                       ORAL ORDER

RPFC No.200130/2024 is filed by the husband and

RPFC No.200005/2025 is filed by the wife. In both the

petitions, order impugned is dated 14.10.2024, passed in

Criminal Miscellaneous No.214/2020, by the I Additional

Principal Judge, Family Court, Vijayapur, whereunder wife

has been awarded maintenance of Rs.25,000/- per month

from the date of order.

2. Heard the learned counsel for the

petitioner/husband and learned counsel for the

respondent/wife.

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3. The relationship between the parties is not in

dispute. The quantum of maintenance as ordered by the

Family Court has been questioned by both the husband

and wife in the present revision petitions. The husband has

sought to set aside the order of maintenance as awarded

by the Family Court. The wife has challenged the quantum

of maintenance awarded stating that it is not an adequate

maintenance considering the income of the husband.

4. Learned counsel for the husband contended

that except salary, he has no other income and out of

salary income, he has to pay Rs.25,000/- per month to the

mother and Rs.25,000/- per month to the father as

maintenance as per the order passed in Criminal

Miscellaneous No.369/2022. He further submits that there

is no evidence on record to prove that the husband is

running a clinic and getting income. Two plots which he

has purchased by availing the loan have been sold under

two sale deeds as per Exs.R.7 and 8. He submits that the

husband, being a Government medical practitioner, has to

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maintain his standard and status and considering the

same, the maintenance awarded in a sum of Rs.25,000/-

is on the higher side. Hence, he prays to allow the

petition.

5. Learned counsel for the wife would contend that

apart from the salary, the husband is running clinic and

getting income and Exs.P.6 to 13 are photographs of the

same. The husband in collusion with the parents, got

passed an order on compromise petition, wherein

maintenance has been ordered to be paid to the parents in

a sum of Rs.25,000/- each only to see that the quantum of

maintenance awarded in the case is on the lower side. The

maintenance awarded by the Trial Court is not adequate to

maintain the wife. The husband is leading luxurious life

having a car. She further contends that the order of

maintenance has been given effect from the date of order

only for the reason that the interim maintenance of

Rs.5,000/- has been awarded in a Criminal Miscellaneous

No.529/2020. She further submits that whenever there is

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an order of maintenance, it should be from the date of

petition and on that point, she placed reliance on the

decision of the Hon'ble Apex Court in the case of Dr.

Kulbhushan Kumar Vs. Smt. Raj Kumari and Another

reported in (1970) 3 SCC 129. She has also placed

reliance on the same judgment on the point that the

maintenance awarded should be 25% of the income of the

husband. She also placed reliance on the decision of the

Hon'ble Apex Court in the case of Dr. Rajiv Verghese Vs.

Rose Chakkrammankkil Francis reported in 2024 INSC

876 on the point that the wife has accustomed to a certain

standard of living in her matrimonial home and is entitled

to enjoy the same amenities of life as she would have

been entitled to in her matrimonial home. With these, she

submits that the maintenance awarded in a sum of

Rs.25,000/- per month is not proper and correct and thus

prays for enhancing the maintenance.

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6. Having heard the learned counsel for the

parties, this Court perused the impugned order and Trial

Court records.

7. The husband is working as a medical

practitioner. Ex.P.15 is the pay slip of the husband for the

month of May, 2023, wherein it is shown that the husband

is getting gross salary of Rs.1,14,584/- and after

deductions and recoveries of Rs.12,421/, he is getting net

salary of Rs.1,02,163/-. All the deductions are compulsory

deductions like, professional tax, EGIS, KGID and NPS.

Even considering the said income of the husband, 25% of

his net income would be Rs.25,000/-.

8. The wife contended that her husband is running

a clinic by name 'Shanta Clinic' and getting income of

Rs.2,00,000/- per month. The said suggestion put to

husband in his cross-examination has been denied by him.

Even he has denied the photographs shown to him in that

regard which are at Exs.P.6 to 13. The evidence on record

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does not show any other income of the husband. The plots

which the husband has purchased have been sold by him

under two sale deeds as per Exs.R.7 and 8.

9. The rent agreement at Ex.R.6 indicates that the

husband is residing in a rental premises. The documents at

Exs.R.2 to 4 show that the husband is liable to pay

maintenance of Rs.25,000/- each to his mother and

father. Considering all these aspects, the quantum of

maintenance as awarded by the Family Court in a sum of

Rs.25,000/- per month to the wife is sufficient and

adequate.

10. The maintenance has been awarded from the

date of order. The said order of payment of maintenance

from the date of order is based on the fact of grant of

interim maintenance of Rs.5,000/- awarded in Criminal

Miscellaneous No.529/2020 (Ex.R.1) in a proceedings

initiated by the wife under the provisions of the Protection

of Women from the Domestic Violence Act, 2005. Even

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though the said interim maintenance awarded in a sum of

Rs.5,000/- is taken into consideration, the order of

maintenance should be from the date of petition by

deducting the interim maintenance of Rs.5,000/- which

has been awarded in Criminal Miscellaneous No.529/2020.

Therefore, the Family Judge has erred in passing order

directing payment of maintenance from the date of order.

11. In view of the above, the following:

ORDER

(1) The petition filed by the husband in RPFC

No.200130/2024 is dismissed.

(2) The petition filed by the wife in RPFC

No.200005/2025 is allowed in part.

(3) The order of maintenance in a sum of

Rs.25,000/- ordered by the I Additional

Principal Judge, Family Court, Vijayapur in

Criminal Miscellaneous No.214/2020 dated