Karnataka High Court
Shantabai vs Vaijanath on 23 October, 2025
Author: M.G.S.Kamal
Bench: M.G.S.Kamal
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NC: 2025:KHC-K:6208
RPFC No. 200027 of 2025
C/W RPFC No. 200083 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 23RD DAY OF OCTOBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE M.G.S.KAMAL
REV.PET FAMILY COURT NO. 200027 OF 2025
C/W
REV.PET FAMILY COURT NO. 200083 OF 2025
IN RPFC NO. 200027/2025:
BETWEEN:
SHANTABAI W/O VAIJANATH GOLE,
AGE: 65 YEARS, OCC: NIL,
R/O.H.NO.11-1400/7/B,
BIDDAPUR, KALABURAGI,
NOW AT C/O MALLIKARJUN WADDANKERI,
PLOT NO.96, GDA PLOT I,
Digitally signed
by SACHIN VEERENDRA PATIL NAGAR,
Location: HIGH SEDAM ROAD, KALABURAGI-586 101.
COURT OF ...PETITIONER
KARNATAKA
(BY SMT. RAJESHWARI JAMADAR, ADVOCATE)
AND:
VAIJANATH S/O PARAMESHWAR GOLE,
AGE: 68 YEARS, OCC: VRS SBH,
GULBARGA AND AGRICULTURIST,
R/O. V. K SALAGAR, TQ. ALAND,
DIST. KALABURAGI-585101.
...RESPONDENT
(BY SMT. REKHA PATIL, ADVOCATE FOR
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RPFC No. 200027 of 2025
C/W RPFC No. 200083 of 2025
HC-KAR
SRI. G. G. CHAGASHETTI, ADVOCATE)
THIS RPFC IS FILED UNDER SECTION 19(4) OF THE
FAMILY COURTS ACT, PRAYING TO MODIFY THE JUDGMENT
AND DECREE DATED 20.04.2024 PASSED BY THE PRINCIPAL
JUDGE, ADDL. FAMILY COURT KALABURAGI IN
CRL.MISC.NO.54/2022 AND ENHANCE THE MAINTENANCE
AMOUNT 5,000/- TO 30,000/- PER MONTH.
IN RPFC.NO. 200083/2025:
BETWEEN:
VAIJANATH S/O PARAMESHWAR GOLE,
AGE: 73 YEARS, OCC: VRS SBH KALABURAGI,
R/O. V. K. SALAGAR, TQ. KAMALAPUR,
DIST. KALABURAGI-585106.
...PETITIONER
(BY SMT. REKHA PATIL, ADVOCATE FOR
SRI. G. G. CHAGASHETTI, ADVOCATE)
AND:
SHANTABAI W/O VAIJANATH GOLE,
AGE: 65 YEARS, OCC : NIL,
R/O. H NO.11-1400/7/B, BIDDAPUR COLONY,
NOW R/AT C/O MALLIKARJUN, WADANKERI,
PLOT NO.96, GDA PLOT NO.1,
VEERENDRA PATIL NAGAR, SEDAM ROAD,
KALABURAGI-585103.
...RESPONDENT
(BY SMT. RAJESHWARI JAMADAR, ADVOCATE)
THIS RPFC IS FILED UNDER SECTION 19(4) OF THE
FAMILY COURTS ACT, PRAYING TO ALLOW THIS REVISION
PETITION BY SETTING ASIDE THE ORDER DATED 20.04.2024
PASSED BY THE PRL. JUDGE, ADDL. FAMILY COURT,
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RPFC No. 200027 of 2025
C/W RPFC No. 200083 of 2025
HC-KAR
KALABURAGI IN CRL.MISC NO.54/2022 AND DISMISS THE
CRL.MISC NO.54/2022.
THESE PETITIONS, COMING ON FOR ADMISSION, THIS
DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE M.G.S.KAMAL
ORAL ORDER
(PER: HON'BLE MR. JUSTICE M.G.S.KAMAL)
This RPFC No.200027/2025 is by the wife being
aggrieved by the order dated 20.04.2024 passed in
Crl.Misc.No.54/2022 on the file of Principal Judge,
Additional Family Court, Kalaburagi seeking enhancement
of maintenance from Rs.5,000/- to Rs.30,000/- granted by
the Additional Family Court, Kalaburagi in
Crl.Misc.No.54/2022 dated 20.04.2024.
2. The petitioner-wife is aged about 65 years
while the respondent-husband is aged about 68 years.
They having lived as husband and wife, with two
daughters, a son, of which one son and a daughter are
settled in the United States of America while another
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daughter is residing in Bengaluru, are before this Court
with a dispute on maintenance amount.
3. The allegation in the petition is that
respondent-husband who was working in State Bank of
Hyderabad, having retired from the services in the year
2002-2003, has been residing at V.K.Salgar Village in illicit
relationship with his niece for over 33 years, has
completely neglected the petitioner-wife. It is however
admitted that the respondent-husband had constructed as
house on Plot No.44 situated Biddapur Colony, Kalaburagi
and had gifted the same in favour of the petitioner on
03.06.2017. However, the said house is now in a
dilapidated condition and the petitioner is not able to
reside therein. Consequently, she is residing with her
brother at No.11-1400/7/B. That she has no independent
source of income. That the respondent-husband is
receiving the pension of Rs.55,000/- per month. Besides,
he is also possessing vast tracts of agricultural lands
yielding income of Rs.15-20 lakhs per annum. Despite he
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being capable of providing maintenance to petitioner-wife,
has deliberately neglected. Constraining her to approach
the trial Court seeking maintenance in a sum of
Rs.30,000/- per month, however the trial Court has
granted only a sum of Rs.5,000/- which is inadequate. As
such, she has filed the present petition seeking
enhancement of said maintenance amount from
Rs.5,000/- to Rs.30,000/-.
4. In response, the counsel appearing for the
respondent/husband who has also filed a petition in RPFC
No.200083/2025 challenging the very same order contend
that the house which is admittedly gifted in favour of
petitioner consists of five rooms and portion of it, has been
rented and the petitioner/wife is receiving rental incomes
from the said house. She further contends that the
respondent/husband has borrowed financial assistance
from the financial institutions for the purpose of
construction of house and for education purposes of
children which he is still continuing to repay till date. That
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he is receiving pension of Rs.30,000 and not Rs.55,000/-
as contented by the petitioner.
5. She further submits the respondent is even now
ready and willing to carry out the repair of the house, if
any, if the petitioner permits him to carry out the same.
Hence seeks for dismissal of the petition.
6. Heard. Perused the records.
7. It is unfortunate that the petitioner and the
respondent at this evening time of their life are before the
Courts for the purpose of determination of maintenance
amount. Records revealed that their three children having
acquired degree in Engineering, two of them are settled in
the United States of America and one in Bengaluru.
However, the marital discord between the petitioner and
the respondent has resulted this litigation to linger on.
8. The trial Court taking into consideration of the
rival claims of the parties has granted maintenance
Rs.5,000/- per month. The trial Court has also taken note
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of the fact that though the petitioner has contented the
house gifted in her favour by respondent having become
dilapidated, she has not produced any material in this
regard. The respondent on the other hand has shown his
readiness and willingness to carry out the repair of the
said house.
9. Further though the petitioner has claimed the
respondent is receiving Rs.55,000/- as pension amount,
the respondent has contended that he is receiving only
Rs.30,000/- as pension.
10. Considering the age of the parties, their
financial and social status, this Court is of the considered
view that the maintenance amount be enhanced to
Rs.10,000/- by adding Rs.5,000/- to the maintenance
amount already granted by the trial Court which would
meet the ends of justice. The enhanced maintenance
amount shall become payable from this date.
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11. It is upto the parties to amicably resolve the
matter with the aid and advise of their children including
to carry out the repairs of the house, if need be.
Petitions are disposed of accordingly.
Sd/-
(M.G.S.KAMAL)
JUDGE
CT:PK
