Karnataka High Court
Shri. Manjappa S/O. Fakkirappa ... vs Smt. Renuka Alias Nivedita on 9 January, 2025
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NC: 2025:KHC-D:382
RPFC No. 100064 of 2024
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 9TH DAY OF JANUARY, 2025
BEFORE
THE HON'BLE MR. JUSTICE E.S.INDIRESH
REV.PET FAMILY COURT NO. 100064 OF 2024 (-)
BETWEEN:
SHRI. MANJAPPA
S/O. FAKKIRAPPA MANNANGI,
AGE. 31 YEARS,
OCC. DOCTOR (BEMS),
R/O. DEVAGIRI,
TQ. HAVERI,
DIST. HAVERI-581110.
...PETITIONER
(BY SRI. M. R. HIREMATHAD & SRI. PRAKASH R. BADIGER, ADVS)
AND:
1. SMT. RENUKA ALIAS NIVEDITA
W/O. MANJAPPA MANNANGI,
AGE. 25 YEARS,
VN OCC. DOCTOR,
BADIGER R/O. COOLIEYAVARA ONI,
HAVERI, TQ. HAVERI,
Digitally signed DIST. HAVERI-581110.
by V N
BADIGER
Date: 2. KUM. HARSHA
2025.01.10
16:39:12 +0530 S/O. MANJAPPA MANNANGI,
AGE. 01 YEARS, OCC. NIL,
R/O. COOLIEYAVARA ONI,
HAVERI, TQ. HAVERI,
DIST. HAVERI-581110.
...RESPONDENTS
(BY SRI. VIDYASHANKAR .G. DALWAI, ADVOCATE)
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NC: 2025:KHC-D:382
RPFC No. 100064 of 2024
THIS RPFC IS FILED UNDER SECTION 19(4) OF THE FAMILY
COURT ACT, 1984, PRAYING TO KINDLY ALLOW THE PETITION AND
KINDLY SET ASIDE THE IMPUGNED JUDGMENT AND ORDER DATED
20.03.2024 IN CRI. MISC. NO.84/2023 PASSED BY THE PRINCIPAL
JUDGE, FAMILY COURT, HAVERI AND CONSEQUENTLY ALLOW THE
PETITION FILED BY THE PETITIONER AND KINDLY CALL FOR
RECORDS.
THIS PETITION COMING ON FOR ADMISSION THIS DAY, THE
COURT MADE THE FOLLOWING:
CORAM: THE HON'BLE MR. JUSTICE E.S.INDIRESH
ORAL ORDER
This petition is preferred by the respondent in Criminal
Miscellaneous No.84/2023, challenging the order dated
20.03.2024 on the file of Principal Judge, Family Court, Haveri
(For short, hereinafter referred to as 'Family Court).
2. For the sake of convenience, the parties are
referred to as per their ranking before the Family Court.
3. It is the case of the petitioners that the marriage
between the petitioner No.1 and respondent was solemnized on
28.06.2021 at Devagiri village of Haveri Taluk. It is stated in
the petition that the respondent has taken dowry from the
parents of the petitioner No.1. It is also stated that in view of
the wedlock between the petitioner No.1 and the respondent,
petitioner No.2 was born and aged about 04 months at the time
NC: 2025:KHC-D:382
of filing of the petition. It is the case of the petitioner No.1 that
the respondent was not taking care of the needs of the family
and she has been thrown out from the matrimonial home and
as such the petitioner No.1 was compelled to stay with her
parents. Hence, the petitioners have filed Criminal
Miscellaneous No.84/2023, seeking maintenance.
4. After service of notice, the respondent-husband
entered appearance and filed detailed statement of objections
denying the averments made in the petition. It is stated in the
objection that the petitioner No.1 has studied B.Ed., and the
entire education expenses has been incurred by the respondent
and therefore, it is contended that the petitioner No.1 is not
entitled for maintenance from the respondent-husband. It is
also stated in the statement of objections that the respondent
has completed his G.N.M. Nursing Course and has been
working during evening hours at Doddamani New Multi
Speciality Hospital at Haveri. It is also forthcoming from the
statement of objection that the petitioners have left the
matrimonial home without any cause and accordingly sought
for dismissal of the petition.
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5. The Family Court after considering the material on
record by its order dated 20.03.2024 awarded maintenance of
Rs.6,000/- per month to the petitioner No.1 and Rs.2,000/- per
month to the petitioner No.2. Feeling aggrieved by the same,
the respondent-husband has preferred this petition.
6. Heard Sri. M.R. Hiremathad, learned counsel
appearing for the petitioner and Sri. Vidyashankar G. Dalawai,
learned counsel appearing for the respondents.
7. It is submitted by the learned counsel appearing for
the petitioner herein that the petitioner herein is ready to pay
maintenance to the child (respondent No.2 herein), however
the respondent No.1 herein being a graduate in M.Sc. and
B.Ed., degree and therefore, she is capable of earning on her
own being highly educated and therefore, submitted that the
award of maintenance requires to be interference in this
petition.
8. Per contra, learned counsel appearing for the
respondents refers to the photographs at Ex.P.3 and P4 and
submitted that the petitioner herein is working in the hospital
and drawing handful of salary.
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9. Having taken note of the submission made by
learned counsel appearing for the parties, it is not in dispute
that the marriage between the petitioner herein with the
respondent No.1 herein was solemnized on 28.06.2021 and in
their wedlock respondent No.2 is born, aged about 04 months
at the time of filing of the petition.
10. On perusal of the finding recorded by the Family
Court would indicate that the parties are residing separately.
Learned counsel appearing for the petitioner contending that
the respondent No.1-wife is graduated in M.Sc. and B.Ed. and
she has been capable of earning for herself. In this regard,
taking into consideration the judgment of Hon'ble Supreme
Court in the case of Shailja and Another Vs. Khobbanna1,
wherein it is held that merely the wife is capable of earning is
not sufficient reason to reduce the maintenance granted by the
Family Court.
11. Taking into account the fact that respondent No.1
herein is residing along with her parents and has to take care of
04 months aged child, I am of the view that the award of
maintenance Rs.6,000/- per month to the respondent No.1-
AIR 2017 SC 1174
NC: 2025:KHC-D:382
wife granted by the Family Court is just and proper. Therefore,
there is no perversity in the order passed by the Family Court,
accordingly, petition is dismissed.
Sd/-
(E.S.INDIRESH)
JUDGE
SMM
CT:ANB
