w w w . L a w y e r S e r v i c e s . i n



Praveen v/s Deepa


Company & Directors' Information:- PRAVEEN & COMPANY PRIVATE LIMITED [Strike Off] CIN = U99999DL1999PTC098397

    RPFC No. 200069 of 2017

    Decided On, 07 March 2018

    At, High Court of Karnataka Circuit Bench OF Kalaburagi

    By, THE HONOURABLE MR. JUSTICE B. VEERAPPA

    For the Petitioner: Arunkumar Amargundappa, Advocate. For the Respondent: Respondent Served.



Judgment Text

(Prayer: This RPFC is filed under Section 19(4) of the Family Courts Act, praying to allow the said revision petition by setting aside judgment and order Dated 07.04.2017, passed in Crl.Misc.No. 339/2016 by the learned Judge, Family Court, Vijayapur and consequently dismiss the petition filed by the respondent herein.)

1. The parties are referred to as per their ranking before the Family Court.

2. The petitioner/husband has filed present revision petition against the order dated 07.04.2017 made in Crl.Misc.No.339/2016 allowing the petition in part awarding maintenance of Rs.4,000/- per month to respondent/wife from the date of petition till further orders.

3. It is the case of the respondent/wife before the Family Court that, her marriage was performed with respondent on 21.04.2015 at Shree Kalameshwar Temple of Saidapur Dharwad as per the Hindu Uppar Community Customs and Traditions. After the marriage the petitioner stayed with the respondent at Vijayapur. Thereafter she went to the house of respondent at Dharwad. She led happy marital life with the respondent about two months. Thereafter respondent and his family members started to ill-treat the petitioner and demanded to bring additional dowry. It was contended that respondent addicted to bad vices like drinking alcohol and womanizing. Further contended that respondent is having an illicit relationship with a lady Madhu. It is further case of the petitioner that, after two months of the marriage the respondent has abused, assaulted and ill-treated the petitioner and dragged out her from his house with a demand to bring additional dowry.

4. Thereafter respondent came to her sister's house at Vijayapur. The petitioner has waited for few days hoping that respondent may improve in his behavior, but it went in vain. Petitioner further contended that respondent is the adoptive son having 13 acres of land at Vijayapur. The adoptive father of the respondent retired from his service while he was serving in Archeological Department at Vijayapur. The genitive father of the respondent was working as Mestri and the respondent is having sufficient source of income has refused and neglected to maintain the petitioner. Therefore, petitioner has prayed for awarding Rs.8,000/- per month.

5. In response to the notice, the respondent appeared through counsel and filed objections. He admitted the relationship between the petitioner and respondent as husband and wife. But denied other averments made in the petition. He further contended that petitioner is running ration shop and earning Rs.20,000/- per month. He further contended that petitioner has studied up to PUC. Petitioner and her parents are residing at Dharwad. She was working in city survey office at Kalagatagi and drawing salary of Rs.15,000/- per month. The family of the petitioner is having financially sound and getting rent from the house property. It is further contended that respondent has to spend huge amount for medical treatment of his mother and he is not having any source of income. Therefore, he sought for dismissal of petition.

6. In view of the aforesaid pleadings of the parties the Family Court framed the following points:

1. Whether the petitioner proves that, the respondent has refused and neglected to maintain her even though having sufficient source of income?

2. Whether the petitioner proves that, she is not having any source of income, as such she is unable to maintain herself?

3. Whether the petitioner proves that, she is entitled for maintenance as claimed?

4. What Order?

7. In order to establish the case of the petitioner, petitioner examined herself as PW.1 and marked the documents Exs.P.1 to 3. The respondent- husband examined as RW.1, but not marked any documents.

8. The Family Court considering both the oral and documentary evidence on record by the impugned order dated 07.04.2017 granted maintenance of Rs.4,000/- per month to the wife from the date of the petition till further orders. Hence, the husband has filed present petition for reduction of maintenance amount.

9. Respondent/wife served, un-represented.

10. I have heard the learned counsel for the petitioner.

11. Sri.Arunkumar Amargundappa, learned counsel for the petitioner/husband vehemently contended that the impugned order passed by the Family Court granting Rs.4,000/- per month to the respondent/wife is exorbitant and petitioner is not in a position to pay the said amount as he is having old aged parents and they are facing health problems. He further contended that respondent/wife not produced any material documents to prove the income of the present petitioner/husband. In the absence of same the Family Court was not justified in awarding Rs.4,000/- per month. He further contended that respondent-Deepa was running ration shop and getting Rs.20,000/- per month as alleged in the objections and also getting Rs.15,000/- per month as she was working in city survey officer at Kalagatagi, the same is not considered by the Family Court. Therefore, he sought to allow the present petition.

12. Having heard the learned counsel for the petitioner, the relationship between the parties is not in dispute and their marriage was performed on 21.04.2015 is also not in dispute. It is specific case of the petitioner before Family Court that without any reasons the respondent-husband driven out the wife- Deepa from his house. The respondent-husband is having illicit relationship with a lady by name Madhu and addicted to bad vices like drinking alcohol and womanizing and he is having 13 acres of land in Vijayapur. Though objections filed by the respondent- husband that Deepa/wife is running ration shop and working in city survey office at Kalagatagi. But no documents were produced before the Court to prove that Deepa/wife is having sufficient income to maintain herself and she is not entitled any maintenance as contemplated under Section 125 (i) (a) of Cr.P.C.

13. The Deepa/wife examined as PW.1 and marked documents Ex.P.1 to 3 Wedding Card, RTC extract and marriage yaadi. The respondent-husband though examined but not produced any documents.

14. The Family Court considering the entire material on record, recorded a finding that during the course of cross-examination, the respondent-husband admitted that his adoptive father has got a house consisting of two rooms at Vijayapur and he has let out the said house on a monthly rent of Rs.1,200/-. Further the respondent has also admitted that, his adoptive father has got 03 acres of land. During the course of cross-examination, the respondent also admitted that as he is having the property worth crores of rupees. Therefore, Family Court is of the considered opinion that respondent-husband is having sufficient source of income not only maintain himself, but also the wife and his mother. Considering the status of the respondent and capacity to pay the maintenance the Family Court was of the opinion that an amount of Rs.4,000/- per month would be reasonable to lead normal life by Deepa/wife. Accordingly, Family Court allowed the petition in part awarding Rs.4,000/- per month to the respondent-Deepa from the petitioner-husband from the date of petition till further orders which is in accordance with law.

15. The Supreme Court, while considering the provisions of Section 125 of the Code of Criminal Procedure in the case of Bhuwan Mohan Singh v. Meena and Ors. reported in AIR 2014 SC 2875 at para 3 held as under:-

"3. Be it ingeminated that Section 125 of the Code of Criminal Procedure (for short "the code") was conceived to ameliorate the agony, anguish, financial suffering of a woman who left her matrimonial home for the reasons provided in the provision so that some suitable arrangements can be made by the Court and she can sustain herself and also her children if they are with her. The concept of sustenance does not necessarily mean to lead the life of an animal, feel like an unperson to be thrown away from grace and roam for her basic maintenance somewhere else. She is entitled in law to lead a life in the similar manner as she would have lived in the house of her husband. That is where the status and strata come into play, and that is where the obligations of the husband, in case of a wife, become a prominent one. In a proceeding of this nature, the husband cannot take subterfuges to deprive her of the benefit of living with dignity. Regard being had to the solemn pledge at the time of marriage and also in consonance with statutory law that governs the field, it is the obligation of the husband to see that the wife does not become a destitute, a begger. A situation is not to be maladroitly created where under she is compelled to resign to her fate and think of life "dust unto dust". It is

Please Login To View The Full Judgment!

totally impermissible. In fact, it is the sacrosanct duty to render the financial support even if the husband is required to earn money with physical labour, if he is able bodied. There is no escape route unless there is an order from the Court that the wife is not entitled to get maintenance from the husband on any legally permissible grounds." 16. Taking into consideration material on record clearly depicts that there is no dispute with regard marriage of petitioner and respondent. The petitioner-husband has to maintain his wife who is aged about 29 years as contemplated under the provisions of Section 125 (i) (a) of Cr.P.C. The Family Court has justified in passing the order and granting maintenance of Rs.4,000/- per month and same is in accordance with law. 17. The petitioner has not made out any ground to interfere with the impugned order under the provision of Section 19 (4) of Family Courts Act. Accordingly revision petition is dismissed.
O R







Judgements of Similar Parties

28-04-2020 Praveen Kumar @ Prashant Versus State of GNCT of Delhi & Others High Court of Delhi
28-04-2020 Praveen Kumar @ Prashant Versus State & Others High Court of Delhi
18-03-2020 Praveen Kumar Versus M/s. RPS Infrastructure Limited, New Delhi National Consumer Disputes Redressal Commission NCDRC
29-02-2020 Praveen Kumar Khariwal Versus State of M.P. & Others High Court of Madhya Pradesh Bench at Indore
12-02-2020 Praveen Kumar Sharma Versus State of U.P. through its Principal Secretary (Home), Secretariat, Lucknow, U.P. & Others High Court of Judicature at Allahabad
11-02-2020 Praveen Kumar Chaudhary & Others Versus Election Commission of India & Others High Court of Delhi
04-02-2020 Praveen, Proprietor Versus Sumesh, KaleeckalVeedu, KrishnapuramMuri, Krishnapuram & Another Kerala State Consumer Disputes Redressal Commission Thiruvananthapuram
30-01-2020 Praveen & Another Versus Baby Ulhahnan & Another In the High Court of Bombay at Nagpur
27-01-2020 Pankaj Kumar Versus Praveen Jain High Court of Rajasthan Jaipur Bench
17-01-2020 P.V. Philip Versus Praveen & Another High Court of Kerala
10-12-2019 Shalimar Iron and Steel Private Limited, Ramgarh Cantt. through its Director Rafat Praveen Versus The State of Jharkhand & Others High Court of Jharkhand
17-10-2019 Praveen Kumar Prakash & Others Versus The State of Jharkhand & Others Supreme Court of India
11-10-2019 R. Jaikrishnan @ Jaikrishnan Nair Versus G. Praveen Kumar High Court of Kerala
10-07-2019 Kishore Kumar Khaitan & Another Versus Praveen Kumar Singh High Court of Judicature at Calcutta
14-06-2019 Y.A. Praveen & Another Versus Headmaster, Government Higher Secondary School, Neervaram, Wayanad High Court of Kerala
21-05-2019 Joginder Singh Chauhan & Another Versus Praveen Dulta Chauhan & Others High Court of Himachal Pradesh
01-05-2019 Praveen Singh Ramakant Bhadauriya Versus Neelam Praveen Singh Bhadauriya Supreme Court of India
16-04-2019 Living Media India Limited & Another Versus Vijayan Madhavan Praveen & Another High Court of Delhi
16-04-2019 Praveen Gupta Versus State & Another High Court of Delhi
08-04-2019 Praveen Chand Shrivastava Versus State of Chhattisgarh, Through the Secretary, Department of Law & Legislature, Mahanadi Bhawan, Atal Nagar, District Raipur (C.G.) & Others High Court of Chhattisgarh
03-04-2019 Praveen Kapila Versus Navin Soi & Another High Court of Delhi
01-04-2019 Praveen Kumar Kommineni Versus The State High Court of Delhi
22-02-2019 Praveen Versus The Regional Transport Officer, Palakkad & Others High Court of Kerala
04-02-2019 B. Praveen Kumar Versus The Commissioner of Customs, Custom House, Tuticorin & Another Before the Madurai Bench of Madras High Court
31-01-2019 Maithili Manhar Siswawala Versus Praveen Kenneth Samuel James High Court of Judicature at Bombay
11-01-2019 Praveen Kumar Arora Versus Akshay High Court of Delhi
08-01-2019 Praveen Kakar & Others Versus Ministry of Environment & Forests & Others National Green Tribunal Principal Bench New Delhi
14-12-2018 The Director of Insurance Medical Services, Thycaud, Thiruvananthapuram & Others Versus Dr. V. Praveen High Court of Kerala
22-11-2018 Praveen Kumar Jain Versus Jagdish Prasad Gupta & Others High Court of Judicature at Allahabad
15-11-2018 Ch. Praveen Kumar Versus The State of Telangana, rep. by its Principal Secretary, General Administration Department & Others High Court of Andhra Pradesh
08-11-2018 Kushal Praveen Kumar Jain Versus Ito Non Corporate Ward 5(1) Income Tax Appellate Tribunal Chennai
06-11-2018 Sangwan Heights Pvt. Ltd. Versus Praveen Chandra Trivedi & Another National Consumer Disputes Redressal Commission NCDRC
22-10-2018 Praveen Poddar Versus Securities & Exchange Board of India, SEBI Bhavan SEBI Securities Exchange Board of India Securities Appellate Tribunal
22-10-2018 Khandya Praveen @ Praveen Versus State of Karnataka, Represented by State Public Prosecutor High Court of Karnataka
27-09-2018 Meghna Gopal Versus Praveen Chandran High Court of Kerala
21-08-2018 Praveen Arjun Patel Versus J.K. Lakshmi Cement Ltd National Company Law Appellate Tribunal
13-08-2018 Manjunath Dasappa & Others Versus Trans Global Power Ltd., Represented by its Authorised Signatory T.K. Praveen High Court of Karnataka
08-08-2018 Praveen Agarwal, Agra Versus Dcit Central Circle, Agra Income Tax Appellate Tribunal Agra
07-08-2018 Praveen Singh @ Bhaya Singh Versus State High Court of Rajasthan Jodhpur Bench
02-08-2018 M/s. Sri Lakshmi Saraswathi Spintex Ltd., Represented by its Managing Director C.S. Aditya Praveen Versus Director General of Foreign Trade, Policy Relaxation Committee, New Delhi & Others High Court of Judicature at Madras
31-07-2018 Praveen Pandey Versus The State of Madhya Pradesh & Others High Court of Madhya Pradesh
27-07-2018 P. Rithika, Minor, rep. by her father and guardian P. Praveen Versus Union of India, rep. by its Secretary, Ministry of Human Resource and Development, School Education Department, New Delhi & Others High Court of Judicature at Madras
13-07-2018 Praveen John Versus State & Another High Court of Delhi
04-07-2018 Asma Praveen Versus Badru Nisa & Others High Court of Delhi
25-05-2018 Dr. A.P.S. Guru Praveen Versus Directorate of Medical Education Government of Tamilnadu Kilpauk, Chennai & Others High Court of Judicature at Madras
09-05-2018 Praveen Engineering Works V/S Commissioner of Central Excise, Customs & Service Tax, Visakhapatnam - I Customs Excise Service Tax Appellate Tribunal Regional Bench, Hyderabad
24-04-2018 Praveen George Joseph & Another Versus Ramesh Joseph High Court of Judicature at Madras
10-04-2018 Praveen Pandey Versus The State of Madhya Pradesh & Others High Court of Madhya Pradesh
15-03-2018 Praveen Versus Hanuman In the High Court of Bombay at Nagpur
09-03-2018 Praveen Versus The Secretary to Government, Home, Prohibition & Excise Department, Secretariat, Chennai & Others Before the Madurai Bench of Madras High Court
19-02-2018 L.M.D. Athiya Praveen Versus N.B. Riyas Ahmed & Others High Court of Judicature at Madras
16-02-2018 Praveen Maben Versus Nalini Maben High Court of Madhya Pradesh
18-01-2018 Kendriya Vidyalaya Sangathan Versus Praveen Kumar High Court of Delhi
11-01-2018 K. Praveen Versus B.S. Nagaraj High Court of Karnataka
03-01-2018 C. Praveen Versus V. Prakash & Others High Court of Karnataka Circuit Bench At Dharwad
03-01-2018 Sajeeda Praveen Shaik Versus The Andhra Pradesh Public Service Commission, rep. by its Secretary & Others In the High Court of Judicature at Hyderabad
29-12-2017 Praveen s/o Krishnan Versus Public Prosecutor Supreme Court of Singapore
05-12-2017 Praveen Kumar & Another Versus The Commissioner of Income Tax (Appeals)-13, Chennai & Another High Court of Judicature at Madras
30-11-2017 Kumar @ Praveen Kumar & Others Versus State by Inspector of Police (Law & Order) & Another High Court of Judicature at Madras
27-11-2017 Roopesh @ Praveen Versus Union of India, Represented by Special Public Prosecutor, National Investigation Agency, [NIA] High Court of Kerala
24-11-2017 Dr. S. Praveen Kumar Versus The Senior Manager, Credit Card Division, ICICI Bank, Hyderabad Telangana State Consumer Disputes Redressal Commission Hyderabad
21-11-2017 Praveen @ Parveen Kumar Jain & Another Versus Earth Infrastructures Ltd., (Through its MD) & Another National Consumer Disputes Redressal Commission NCDRC
16-11-2017 Kalva Praveen Kumar Versus N. Surendra Kalyan Telangana State Consumer Disputes Redressal Commission Hyderabad
06-11-2017 Praveen Kumar Maakar Versus Union of India & Another High Court of Delhi
17-10-2017 Praveen Singh @ Pappu Singh Versus The State of Bihar High Court of Judicature at Patna
11-10-2017 Kalva Praveen Kumar Versus M. Andalamma & Others Telangana State Consumer Disputes Redressal Commission Hyderabad
11-10-2017 Nipun Praveen Singhvi Versus Union of India High Court of Gujarat At Ahmedabad
03-10-2017 Praveen R. Prasad & Another Versus The Divisional Manager, United India Insurance Co. Ltd. & Others National Consumer Disputes Redressal Commission NCDRC
26-09-2017 Praveen Versus The State of Maharashtra In the High Court of Bombay at Nagpur
22-09-2017 A. Praveen @ Praveen Kumar & Others Versus The State through The Inspector of Police, Woraiyur Police Station, Trichy & Others Before the Madurai Bench of Madras High Court
08-09-2017 Rupesh Sharma Versus Praveen Kumar High Court of Himachal Pradesh
31-08-2017 Praveen Kumar Pandey @ Babua Versus State of U.P. High Court Of Judicature At Allahabad Lucknow Bench
28-08-2017 B. Asaithambi & Another Versus Praveen Chordia & Another High Court of Judicature at Madras
17-08-2017 Munja Praveen & Others Versus State of Telangana & Others Supreme Court of India
16-08-2017 M/s. Sri Lakshmi Saraswathi Spintex Ltd., Represented by its Managing Director, C.S. Aditya Praveen Versus Director General of Foreign Trade, Policy Relaxation Committee, New Delhi & Others High Court of Judicature at Madras
07-08-2017 R. Praveen Kumar & Others Versus The Inspector of Police, Trichy District & Another Before the Madurai Bench of Madras High Court
16-06-2017 P. Delsia Versus P. Praveen Rajasekaran High Court of Judicature at Madras
16-06-2017 P. Delsia Versus P. Praveen Rajasekaran High Court of Judicature at Madras
16-06-2017 Vanjari Praveen Kumar Versus Vanjari Lakshmi Bhavani In the High Court of Judicature at Hyderabad
05-05-2017 Praveen Kumar Jain, Worked At Cotton Corporation of India Ltd. Versus The Cotton Corporation of India Ltd., Represented by Its Managing Director High Court of Rajasthan Jodhpur Bench
28-04-2017 Sri Sai Venkateswara Builders, Rep. by Managing Partner Versus T. Praveen & Others Telangana State Consumer Disputes Redressal Commission Hyderabad
04-04-2017 Praveen Kumar & Others Versus Sharath Chida & Others Telangana State Consumer Disputes Redressal Commission Hyderabad
04-04-2017 Praveen Kumar Singh & Another Versus Medinimata Agro Products (P) Ltd. & Others National Company Law Tribunal, Kolkata
31-03-2017 Praveen Etta Versus Savithri Etta High Court of Karnataka Circuit Bench At Dharwad
22-03-2017 Praveen Versus Sabitha & Another High Court of Kerala
03-03-2017 S.G. Praveen Gowda Versus State of Karnataka, Represented by its Principal Secretary & Others High Court of Karnataka
23-02-2017 H.D. Praveen Kumar & Others Versus Vice Chancellor, Visvesvaraya Technological University, Belagavi & Others High Court of Karnataka
16-02-2017 Smt. Kala Devi Versus Praveen Surana & Another High Court of Rajasthan Jodhpur Bench
08-02-2017 Gunjan Versus Praveen Surendra Pal Singh High Court of Judicature at Allahabad
07-02-2017 Rfn Praveen Kumar Versus Union of India & Others Armed Forces Tribunal Principal Bench New Delhi
31-01-2017 Oriental Insurance Co. Ltd. Versus Praveen High Court of Judicature at Allahabad
25-01-2017 PR. Commissioner of Income tax-XVIII Versus Praveen Saxena High Court of Delhi
10-01-2017 Praveen Kumar Versus The State of Rajasthan through P.P. High Court of Rajasthan Jodhpur Bench
15-12-2016 Korra Praveen Versus The State of Telangana, Rep. by its Public Prosecutor In the High Court of Judicature at Hyderabad
22-11-2016 Reena Kumari & Others Versus Praveen Kumar & Others Supreme Court of India
15-11-2016 Praveen Versus State High Court of Delhi
11-11-2016 Delhi Subordinate Services Selection Board Versus Praveen Kumar Supreme Court of India
24-10-2016 Praveen Kumar Versus Mangalore City Corporation, Represented by its Commissioner High Court of Karnataka
03-10-2016 Praveen Kumar B.M. Versus The Deputy Commissioner and President District Child Labour Project Society, Chikkamagaluru High Court of Karnataka
29-08-2016 Munja Praveen & Others Versus The State of Telangana, reptd by its Principal Secretary, Energy Department & Others In the High Court of Judicature at Hyderabad


LawyerServices is a Premium Legal Tech solution.


Lawyers, Law Firms, Government Departments and Corporates rely on us for, Workflow Automation, Data Aggregation, Timely Updates, Case Management, Intelligent Research, Latest Legal Data Updates and a LOT more!

If you are a legal professional, CONTACT US, in order to see how our UNIQUE solution can benefit your organization.

Features Intro Close Box