Skip to main content
Wife is earning and it is not the reason to reduce the maintenance: 
Here is the full Judgement:
Smt. Shailaja W/O Khobbanna Patil ... vs Sri. Khobbanna S/O Siddappa Patil on 17 April, 2013
Author: Huluvadi G.Ramesh
                IN THE HIGH COURT OF KARNATAKA

                   CIRCUIT BENCH AT GULBARGA

                  Dated this the 17th day of April, 2013

                                   Before

       THE HON'BLE MR JUSTICE HULUVADI G RAMESH

                 R P F C 501 / 2013 c/w 542 / 2013
Between:

In RPFC 501/2013

Sri Khobbanna S/o Siddappa Patil
50 yrs, Lecturer, R/o BLDE College Hostel
Quarters # 1, Girish Nagar, Jamakhandi
Bagalkot District                                    Petitioner

(By Sri S S Mamadapur, Adv.)

And:

1      Smt Shailja W/o Khobbanna Patil
       42 yrs

2      Kumar Abhishek S/o Khobbanna Patil
       14 yrs, student - since minor reptd. by
       mother

       Both are r/behind Siddeshwar Temple
       S S Road, Bijapur                             Respondents

(By Sri Ameet Kumar Deshpande, Adv.)
                                                                     2


In RPFC 542/2013

1     Smt Shailja W/o Khobbanna Patil
      44 yrs

2     Kumar Abhishek S/o Khobbanna Patil
      16 yrs, student - since minor reptd. by
      mother

      Both are r/behind Siddeshwar Temple
      S S Road, Bijapur                               Petitioners

(By Sri Ameet Kumar Deshpande, Adv.)

And

Sri Khobbanna S/o Siddappa Patil
50 yrs, Lecturer, R/o BLDE College Hostel
Quarters # 1, Girish Nagar, Jamakhandi
Bagalkot District                                     Respondents

(By Sri S S Mamadapur, Adv.)


       Petitions are filed under S.19(4) of the Family Court Act praying to
set aside the judgment dated 22.11.2012in Crl.Misc.397/2011 by the
Family Court, Bijapur.

       Petitions coming on for Admission this day, the court made the
following:-

                                  ORDER
Petitioner in RPFC 501/13 is the husband who has moved this Court against the quantum of maintenance awarded by the Family Court. Simultaneously, another petition RPFC 542/2013 is filed by the wife and son of the petitioner husband seeking enhancement of maintenance.
Petitioner is said to be working as a Lecturer and in a matrimonial dispute between him and the 1st respondent wife, the Family Court has ordered to pay maintenance of Rs.15,000/- to the wife and Rs.10,000/- per month to the son. According to the petitioner's counsel, the 1st respondent is also working as a Teacher and is earning.
However, according to the counsel representing the 1st respondent, there is no proof of income being produced and she has no permanent source of income. Accordingly, he has sought for rejection of the application filed by the petitioner and to enhance the maintenance awarded.
Having regard to the fact that the wife is also capable of earning, she could be awarded Rs.6,000/- per month and the son could be awarded Rs.6,000/- per month. Ordered accordingly. Amount in deposit be adjusted towards arrears and also for future payment. Amount in deposit be released in favour of the respondent wife and child, as per the modified award.
Petition (RPFC 501/2013) filed by the husband is allowed in part. Petition (RPFC 542/2013) filed by the wife and son is dismissed.
SD/-
Judge An

Comments

Popular posts from this blog

Bail and Arrest

Bail and Arrest The dictionary meaning of bail is  the temporary release of an accused person awaiting trial, sometimes on condition that a sum of money is lodged to guarantee their appearance in court. The provisions bail mentioned in  Section 436 to 439 of The Code Of Criminal Procedure, 1973 436. In what cases bail to be taken. (1)  When any person other than a person accused of a non- bailable offence is arrested or detained without warrant by an officer in charge of a police station, or appears or is brought before a Court, and is prepared at any time while in the custody of such officer or at any stage of the proceeding before such Court to give bail, such person shall be released on bail: Provided that such officer or Court, if he or it thinks fit, may, instead of taking bail from such person, discharge him on his executing a bond without sureties for his appearance as hereinafter provided: Provided further that nothing in this section shall be deemed to affe
Grounds for Divorce u/s 13 of Hindu Marraige Act Section 13. Divorce-  (1)  (Bigamy) Any marriage solemnized, whether before or after the commencement of the Act, may, on a petition presented by either the husband or the wife, be dissolved by a decree of divorce on the ground that the other party-  (i) (Adeltery) has, after the solemnization of the marriage had voluntary sexual intercourse with any person other than his or her spouse; or  (ia) (Cruelty) has, after the solemnization of the marriage, treated the petitioner with cruelty; or  (ib) (Desersion) has deserted the petitioner for a continuous period of not less than two years immediately preceding the presentation of the petition; or  ii) (Conversion) has ceased to be a Hindu by conversion to another religion ; or  iii) (Unsoundess of Mind) has been incurably of unsound mind, or has suffering continuously or intermittently from mental disorder of such a kind and to such an extent that the petiti

Can the section 304-A of I.P.C. be a license to kill?

The original Indian Penal Code, 1860 had no provision providing punishment for causing death by negligence. Section 304-A was inserted in the Code in 1870 by the Indian Penal Code (Amendment) Act, 1870. This section did not create a new offence but was directed towards the offences which fall outside the range of section 299 and 300 of the Indian Penal Code, 1860 (herein after referred as I.P.C.) when neither intention nor knowledge to cause death is present. The said section reads as follows:304A. Causing death by negligence.--Whoever causes the death of any person by doing any rash or negligent act not amounting to culpable homicide shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. The provisions of this section apply to cases where there is no intention to cause death, and no knowledge that the act done in all probability would cause death. The Supreme Court has clarified that the section 304-A of I.P.C. i