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Ratna & Another v/s Basavaraj


Company & Directors' Information:- RATNA LIMITED [Active] CIN = U93000AP2015PLC096486

    R.P.F.C. No. 200084 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 Petitioners: Sharanabasav Patil, Advocate. For the Respondent: Ashok S. Kinagi, Advocate.



Judgment Text

(Prayer: This Revision Petition Family Court Under Section 19(4) of the Family Court Act praying to, modify the impugned judgment and order dated 10-07-2017 in Crl. Misc. 22/2016 passed by the District Judge, Family Court at Kalaburagi, thereby enhancing the maintenance amount Rs. 10,000/- per month to petitioner No.1 and Rs. 6,000/- per month to petitioner No.2 by allowing the said revision petition.)

1. The wife and minor child are before this Court for enhancement of the maintenance against the order dated: 10-07-2017 made in Criminal Miscellaneous No.22/2016 on the file of the Family Court, Kalburagi granting maintenance of Rs.4,000/- per month to the first petitioner and Rs.2,000/- per month to the second petitioner from the date of petition and second petitioner is entitled for maintenance till he attains the age of majority.

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

3. It is the case of the petitioners before the Family Court that the marriage of the first petitioner with respondent was solemnized on 25-04-2012 at Khuba Kalyan Mantap, Kalaburagi and out of their wedlock, second petitioner was born. It is also alleged that, there was dowry harassment. Thereafter the respondent/husband started assaulting the first petitioner in a drunken condition and thrown her out from his house. The first petitioner alongwith second petitioner started residing in her parent's house at Kalaburagi. The petitioners have requested the respondent/husband to make arrangement for food, cloths and shelter. The efforts made by the elders and relatives went in vain. It was further contended that, the respondent/husband is working Tyco Electronic Connectivity Private Limited and getting salary of Rs.45,000/- per month and having landed properties getting Rs.5,00,000/- per annum from the said lands. The petitioners have no source of income to maintain themselves. The respondent/husband is capable to maintain the petitioners and sought for awarding maintenance as prayed for.

4. On receipt of summons from the Family Court, the respondent-husband filed the objection before the Family Court, by admitting the relationship between the parties and denied the other averments made with regard to dowry harassment and contended that he is not working in Tyco Electronic Connectivity Private Limited and getting salary of Rs.45,000/- and also denied that, he is getting income of Rs.5,00,000/- from the landed properties. The respondent/husband has further contended that, the first petitioner is well qualified and she has completed the T.C.H education and she is working as teacher in private school and also conducting tuition and getting Rs.15,000/- per month. Therefore question of payment of maintenance would not arise, as such, sought for dismissal of the petition.

5. Based on the pleadings of the parties, the Family Court framed the following points:

1. Whether the petitioners prove that, the respondent has neglected to maintain them inspite of having sufficient means?

2. Whether the petitioners are entitled to maintenance from the respondent? If so what is the quantum?

3. What Order?

6. In order to establish the case of the petitioners, petitioner No.1 examined herself as PW-1 and got marked the documents Exs.P-1 & P-11. The respondent-husband has examined as DW.1. No documents were marked.

7. The Family Court considering the entire material on record has held that the petitioners have proved that the respondent/husband has refused and neglected to maintain the petitioners, inspite of having sufficient means and therefore they are entitled to maintenance. Accordingly by the impugned order dated 10.07.2017 awarded a maintenance of Rs.4,000/- per month to the first petitioner and Rs.2,000/- to the second petitioner minor son from the date of petition. Hence, the petitioner's wife and son have filed the present revision petition for enhancement of maintenance.

8. The husband /respondent has not filed any revision petition against the impugned order passed by the Family Court.

9. I have heard the learned counsel for the parties to the lis.

10. Sri. Sanganbasava, learned counsel for Sri.Sharangouda V. Patil for the petitioners vehemently contended that impugned order passed by the Family Court granting maintenance of Rs.2,000/- per month to the wife is not sufficient in view of the hike of the essential commodities. He further contended that, the Family Court has not at all taken into consideration the income of the respondent/husband of Rs.5,00,000/- from the job and agricultural income. The same has not been considered. Ex.P.11 salary certificate depicts that, the respondent is receiving Rs.35,000/- per month. The Family Court ought to have granted the maintenance as prayed for in the application. Therefore, he sought to allow the revision petition by modifying the impugned order passed by the Family Court.

11. Per contra, Sri.Ashok Kinagi learned counsel appearing for respondent/husband sought to justify the impugned order passed by the Family Court and contended that the respondent/husband is getting only Rs.16,000/- per month after deductions. Therefore the order passed by the Family Court granting Rs.4,000/- and Rs.2,000/- respectively is just and reasonable. He would further contend that, recently the respondent- husband is transferred from Bangalore to Chennai, but he has not reported the duty as he has challenged the transfer order before the Court and the same is pending, absolutely there is no income to maintain the petitioners. Therefore he sought for dismissal of the petition.

12. Having heard the learned counsel appearing for the parties, the relationship between the parties is not disputed. It is also not disputed that the respondent-husband is working as Technician in Tyco Electronic Connectivity Private Limited. According to the petitioners he is getting salary of Rs.45,000/- per month and according to the respondent-husband he is getting only Rs.16,000/- per month after deductions, but Ex.P.11 salary certificate, depicts that, the gross salary of the respondent is Rs.33,028/- per month and he has not produced any documents in support of his claim that he spends Rs.7,000/- to Rs.8,000/- per month to his parents. The material placed on record clearly reveals that the respondent-husband is a earning member. The petitioners being the wife and minor son have no means to lead their life. It is the duty of the respondent-husband to pay the maintenance under the provisions of Section 125 (1) (a)(b) of Cr.P.C. Since the respondent-husband has not produced any material document to show that the first petitioner is earning, though an educated. In the absence of any income for the petitioners, it is the boundent duty of the respondent-husband of first petitioner and father of minor petitioner No.2 to maintain them.

13. The Family court after considering the entire material on record has recorded a finding that, insofar as the contention of the petitioners, the first petitioner has produced the pay slip of respondent- husband for the month of October, November and December 2016, wherein the total earnings of the respondent is Rs.32,761/- and the deduction amount of Rs.14,559/-. The respondent in his chief examination has stated that, he is not getting salary of Rs.45,000/- per month and Rs.5,00,000/- per annum from the landed property. Respondent has stated that, parents are old aged persons and they are suffering from ailments and he has incurred loan for performing the marriage of his sister and he require more than Rs.7,000/- to Rs.8,000/- per month for the treatment of his parents. In the cross-examination, he has admitted that, his gross salary is Rs.33,028/- per month. The respondent has not produced any documents in support of his claim, that he spends Rs.7,000/- to Rs.8,000/- per month for his parents. Therefore, it is held that, the respondent has sufficient income from his salary earnings.

14. The landed properties produced by the first petitioner are not standing directly in the name of the respondent. Ex.P.10 reveals that the said land is standing in the name of the father of the respondent. He may get some income from the land and since the suit is filed for partition is pending in respect of joint family properties. Taking into consideration that the petitioners have no means to maintain themselves and the respondent who is an employee as could be seen from Ex.P.1 to Ex.P.3 salary slips and Ex.P.6 to Ex.P.10 R.O.Rs, Ex.P.4 and Ex.P.5 khata extract clearly indicates that, the respondent is capable of maintaining the petitioners and has got sufficient means, but refused to maintain the petitioners who are his wife and son. It is the boundent duty of the respondent to maintain the petitioners. The Family Court proceeded to grant maintenance of Rs.4,000/- and Rs.2,000/- to the petitioners respectively.

15. The contention raised by the petitioners in the present petition that the maintenance awarded by the Family Court is insufficient to maintain their livelihood. Taking into consideration that the petitioners 1 & 2 are residing at Kalaburagi and the second petitioner is aged about 1 years as on the date of filing of the petition, now as on today, he may be three

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years and the first petitioner has to maintain the minor child and take care of his education and other activities and it requires some amount. Taking into consideration the hike in the essential commodities and the petitioners have to lead their life with the status of the respondent/husband in the society, this Court is of the considered opinion that, another Rs.500/- each to the wife and son has to be enhanced which is reasonable. 16. In view of the aforesaid reasons, the revision petition is allowed in part. The impugned order passed by the Family Court is modified awarding maintenance of Rs.4,500/- per month to the first petitioner and Rs.2,500/- per month to the second petitioner from the date of petition in all Rs.7,000/- per month to both the petitioners. 17. The respondent shall pay said amount of Rs.4,500/- per month to the first petitioner and Rs.2,500/- per month to the second petitioner till he attains the age of majority. With these observations the revision petition is disposed off.
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