Karnataka High Court
Smt Aisha Banu W/O Feroz Doddamani vs Sri Feroz S/O Rajesab Doddmani on 18 February, 2025
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RPFC No. 100117 of 2023
C/W RPFC No. 100121 of 2023
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 18TH DAY OF FEBRUARY, 2025
BEFORE
THE HON'BLE MR. JUSTICE E.S.INDIRESH
REV.PET FAMILY COURT NO. 100117 OF 2023 (-)
C/W
REV.PET FAMILY COURT NO. 100121 OF 2023
IN RPFC NO. 100117 OF 2023
BETWEEN:
1. SMT. AISHA BANU
W/O. FEROZ DODDAMANI,
AGE: 45 YEARS,
OCC: HOUSEHOLD,
R/O VISHAL NAGAR,
OLD HUBBALLI,
HUBBALLI-5480002.
2. KUMAR NOOR MOHAMMED SADIQ
S/O. FEROZ DODDAMANI,
OCC: STUDENT,
AGE: MAJOR,
Digitally R/O VISHAL NAGAR,
signed by
VN OLD HUBBALLI,
BADIGER HUBBALLI-5480002.
Location:
High Court 3. KUMARI NAHEEN KAUSER
of
Karnataka, D/O. FEROZ DODDAMNI,
Dharwad OCC: STUDENT,
Bench
AGE: ABOUT 17 YEARS,
R/O. VISHAL NAGAR,
OLD HUBBALLI,
HUBBALLI-580002.
MINOR REPRESENTED BY RESPONDENT NO.1.
...PETITIONERS
(BY SMT. AISHA BANU, PARTY IN PERSON)
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AND:
SRI. FEROZ
S/O. RAJESAB DODDAMANI,
AGE: 50 YEARS,
OCC: LECTURER,
C/O. AT AUTOMOBILE DEPARTMENT,
IMPACT POLYTECHNIC,
SAHAKAR NAGAR,
AT: POST KODIGEHALLI,
BENGALURU-560092.
...RESPONDENT
(BY SMT. GAYATRI S.R., ADVOCATE)
THIS RPFC IS FILED UNDER SECTION 19(4) OF FAMILY
COURTS ACT, 1984, PRAYING TO SET ASIDE THE JUDGMENT DATED
30.03.2023 PASSED BY THE PRINCIPAL JUDGE, FAMILY COURT,
HUBBALLI IN CRIMINAL MISCELLANEOUS CASE NO.231/2018,
PERTICULARLY IN RELATION TO THE ENHANCEMENT OF
MAINTENANCE REASSESS AND AWARD MAINTENANCE.
IN RPFC NO. 100121 OF 2023
BETWEEN:
SRI. FEROZ
S/O. RAJESAB DODDAMANI
AGE: ABOUT 50 YEARS,
OCC: LECTURER,
R/O AUTOMONBILE DEPARTMENT,
IMPACT POLYTECHNIC,
SAHAKAR NAGAR,
AT POST: KODIGEHALLI,
BENGALURU-560001.
...PETITIONER
(BY SMT. GAYATRI S.R., ADVOCATE)
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AND:
1. SMT. AISHA BANU
W/O. FEROZ DODDAMANI,
AGE: 45 YEARS,
OCC: HOUSEHOLD,
R/O VISHAL NAGAR,
OLD HUBBALLI,
HUBBALLI-5480002.
2. KUMAR NOOR MOHAMMED SADIQ
S/O. FEROZ DODDAMANI,
OCC: STUDENT,
AGE: MAJOR,
R/O. VISHAL NAGAR,
OLD HUBBALLI,
HUBBALLI-5480002.
3. KUMARI NAHEEN KAUSER
D/O. FEROZ DODDAMNI
OCC: STUDENT,
AGE: ABOUT 17 YEARS,
R/O. VISHAL NAGAR,
OLD HUBBALLI, HUBBALLI-580002.
MINOR REPRESENTED BY RESPONDENT NO.1.
...RESPONDENTS
(BY SMT. AISHA BANU, PARTY IN PERSON)
THIS RPFC IS FILED UNDER SECTION 19(4) OF FAMILY
COURTS ACT, 1984, PRAYING TO SET ASIDE THE JUDGMENT DATED
30.03.2023 PASSED BY THE PRINCIPAL JUDGE, FAMILY COURT,
HUBBALLI IN CRIMINAL MISCELLANEOUS CASE NO.231/2018.
IN THESE PETITIONS ARGUMENTS BEING HEARD, RESERVED
FOR JUDGMENT, COMING ON FOR PRONOUNCEMENT, THIS DAY, THE
COURT MADE THE FOLLOWING:
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CORAM: THE HON'BLE MR. JUSTICE E.S.INDIRESH
CAV ORDER
1. These petitions are filed, questioning the order
dated 30.03.2023 in Crl.Misc.No.231 of 2018 on the
file of Principal Judge, Family Court, Hubballi.
2. RPFC No.100121 of 2023 is filed by the
respondent-husband challenging the enhanced
maintenance awarded by the Family Court to the
petitioners in Crl.Misc.No.231 of 2018 and RPFC
No.100117 of 2023 is filed by the petitioners-wife and
children, seeking enhancement of maintenance.
3. For the sake of convenience, the parties in these
petitions shall be referred to in terms of their status
and ranking before the Family Court.
4. It is the case of the petitioners that, marriage of
the petitioner No.1 with the respondent-husband was
solemnized and in their wedlock two children were
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born (petitioner Nos.2 and 3). Due to family rift
between the parties, the petitioners have left the
matrimonial home and residing separately. It is stated
by the petitioners that, the petitioners have filed
Crl.Misc.No.73 of 2012 seeking maintenance against
the respondent-husband and the competent court by
order dated 28.02.2014, directed the respondent-
husband to pay maintenance of Rs.10,000/- per
month to petitioner No.1 and Rs.5,000/- per month
each to petitioner Nos. 2 and 3. It is also stated in the
petition that, the petitioner No.2 is studying at Smt.
C.M.Munawalli Polytechnic College, Hubballi and
petitioner No.3 is pursuing her higher education. It is
also stated that on account of changed circumstances
and also as the petitioner Nos.2 and 3 are pursuing
their education college, so also on account of
escalation of prices, the petitioners have filed
Crl.Misc.No.231 of 2018 under Section 127 of Cr.P.C,
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seeking enhancement of maintenance from the
respondent-husband.
5. The said petition was contested by the
respondent- husband by filing the objections. It is the
case of the respondent-husband that, the petitioner
No.1 is Post Graduate in Commerce and she is capable
to secure the job according to her qualification and
also stated that, petitioner No.1 is having an
independent own house and the marriage between the
petitioner No.1 with the respondent is dissolved, and
thereafter the respondent contracted with second
marriage with one Surayya and in their wedlock two
children were born. Therefore, it is contended by the
respondent-husband that he is residing at Bangalore
city and has to incur huge expenses for his health
ailments and also taking care of children through his
second wife and accordingly, sought for dismissal of
the petition.
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6. The Family Court, after considering the material
on record by its order dated 30.03.2023 allowed the
petition in part and enhanced maintenance to
Rs.20,000/- per month to the petitioner No.1 and
Rs.10,000/- per month each to petitioner Nos.2 and 3.
Being not satisfied with the award of maintenance by
the Family Court, the petitioners have preferred RPFC
No.100117 of 2023 and the respondent-husband has
preferred RPFC No.100121 of 2023, challenging the
impugned order as the maintenance awarded is
exorbitant.
7. I have heard Smt. Aisha Banu-petitioner No.1-
Party-in-person appearing on behalf of the petitioners
and Smt. Gayatri S.R., learned counsel appearing for
the respondent-husband.
8. It is contended by Party-in-person (petitioner
No.1) that the award of maintenance-granted by
Family Court is on the lesser side without considering
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the fact that petitioner Nos.2 and 3 are pursuing
higher education and their fees has to be paid till the
completion of their education. It is also submitted
that, respondent has not declared his assets and
liabilities and has not produced the salary certificate
and accordingly, Party-in-person (petitioner No.1)
submitted that, the award of maintenance has to be
modified. It also argued that second wife of
respondent-husband is having three houses and
having sufficient income and accordingly, petitioner
No.1 sought for enhancement of maintenance in her
petition.
9. Smt. Gayatri S.R., learned counsel appearing for
the respondent-husband contended that the petitioner
No.1 is having a house property bearing No.16, and
the petitioners are residing in the first floor and rented
the remaining portion. It is also stated that the said
property is gifted to the petitioner No.1 by her father.
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It is also argued that, the petitioner No.1 has sold one
of the sites owned by her at Brundavan layout, which
is situate in a prime location at Hubbali and also
having agricultural land as evident from the RTC
extracts. It is also argued by learned counsel
appearing for the respondent that, the claim made by
the petitioners cannot be accepted as the respondent
has to take care of his second wife and two children,
born through the second wedlock and that apart,
respondent is having health ailments and accordingly,
sought for interference of this Court in reduction of
maintenance awarded by the Family Court.
10. In the light of the submission made by the learned
counsel appearing for the parties, there is no dispute
with regard to the relationship between the parties.
The petitioners have filed Crl.Misc.No.73 of 2012
before the competent Family Court under Section 125
of Cr.P.C and respondent-husband was directed to pay
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Rs.10,000/- per month to petitioner No.1 and
Rs.5,000/- per month each to petitioner Nos.2 and 3.
(in all total, Rs.20,000/- per month). Thereafter, the
petitioners have preferred petition under Section 127
of Cr.P.C in Clr.Misc.No.231 of 2018 seeking
enhancement of maintenance. The Family Court, after
considering the material on record, by detailed order,
awarded maintenance of Rs.20,000/- per month to the
petitioner No.1 and Rs.10,000/- per month each to
the petitioner Nos.2 and 3. Feeling aggrieved by the
same, both the petitioners and respondent have
challenged the impugned order.
11. I have carefully considered the finding recorded
by Family Court, wherein, the petitioners are residing
at Hubballi, and the respondent is residing at
Bengaluru and has contracted with second marriage
and having two children through the said wedlock. The
respondent is working as a Lecturer in Impact
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Polytechnic, Bengaluru and as per the salary certificate
at the time of filing of the petition was Rs.97,070/- per
month so also the respondent is having agricultural
land. It is also forthcoming from the impugned order
that, the respondent is residing in a rented house and
also having health ailments. This court has directed
the respondent-husband to submit the recent salary
slip and accordingly, memo dated 12.02.2025 is filed
by the learned counsel appearing for the respondent
along with salary slip and it is evident that the gross
salary for the month of December 2024 was
Rs.1,96,008/- and net salary after deductions is
Rs.1,60,798/- (IT Rs.35,000/-, PT Rs.200/- and FBF
Rs.10/-). Taking into consideration aforementioned
aspects and the respondent has to take care of second
wife and two children and also to bear educational
expenses of those two children born through his
second wife, I am of the opinion that, the Family Court
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rightly awarded maintenance to the petitioners. It is
also forthcoming from the cross examination of PW1,
that the petitioners are residing in their own house,
gifted by the father of the petitioner No.1 to the
petitioner No.1 and portion of the same is rented to
the tenants. It is also forthcoming that, the petitioner
No.1 is having a residential site at Brundavan layout,
however, it is deposed that, she has sold the same, so
also, PW1-petitioner No.1 admits that, she is having
agricultural land as per Exs.R1 to R3. Therefore,
taking into consideration the factual aspects on record,
the Family Court rightly assessed oral and
documentary evidence produced by the parties with a
right perspective. Therefore, I am of the opinion that,
enhancement of maintenance made by the Family
Court by granting Rs.20,000/- per month to the
petitioner No.1 and Rs.10,000/- per month each to the
petitioner Nos.2 and 3 is just and proper. Taking into
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consideration the salary certificate produced by the
respondent-husband referred to above the grant of
maintenance by the Family Court is fair and
reasonable. Accordingly, no interference is called for
in these revision petitions. Hence, RPFC No.100121 of
2023 and RPFC No.100117 of 2023 are dismissed
confirming the order dated 30.03.2023 passed in
Crl.Misc.No.231 of 2018 by the Principal Judge, Family
Court, Hubballi.
Registry is directed to intimate the order of this
Court to the party-in-person (Smt. Aisha Banu).
Sd/-
(E.S.INDIRESH)
JUDGE
SB
