Case Note & Summary
The revision petition was filed by the husband under Section 19(4) of the Family Courts Act, 1984, challenging the order dated 11.02.2025 passed by the Principal Judge, Family Court, Belagavi in Crl.Misc.No.201/2022, which granted maintenance to the wife and children. The petitioner husband contended that the maintenance amount was excessive and that he had no income. The respondents, wife and children, opposed the petition. The High Court, after hearing arguments, dismissed the revision petition, holding that the Family Court had correctly assessed the income of the husband and the needs of the family. The court found no grounds to interfere with the impugned order as it was just and proper. The petition was dismissed with no order as to costs.
Headnote
A) Family Law - Maintenance - Section 125 CrPC - Revision under Section 19(4) Family Courts Act, 1984 - The revision petition challenged the order of maintenance granted to the wife and children - The High Court held that the Family Court had correctly assessed the income of the husband and the needs of the family - No interference warranted in revision as the order was just and proper (Paras 1-5).
Issue of Consideration
Whether the Family Court's order granting maintenance to the wife and children is liable to be set aside or modified in revision under Section 19(4) of the Family Courts Act, 1984.
Final Decision
The revision petition is dismissed. No order as to costs.
Law Points
- Maintenance under Section 125 CrPC
- Revision under Section 19(4) Family Courts Act
- 1984
- Burden of proof on husband to show change in circumstances
- Quantum of maintenance based on status of parties
Case Details
2026 LawText (KAR) (04) 56
Sri. M.C. Hukkeri (for petitioner), Sri. Anand Ashtekar (for respondents 1,2,5), Sri. Pranav Umesh Badagi (court guardian for respondent 4)
Sri. Guruprasad S/o Virapaxayya Hiremath
Smt. Sangeeta W/o Guruprasad Hiremath and others
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Nature of Litigation
Revision petition under Section 19(4) of Family Courts Act, 1984 challenging maintenance order.
Remedy Sought
Petitioner sought to set aside the judgment and decree passed by the Family Court, Belagavi in Crl.Misc.No.201/2022 dated 11.02.2025 and dismiss the petition.
Filing Reason
Petitioner challenged the maintenance order passed by the Family Court.
Previous Decisions
Family Court, Belagavi passed order dated 11.02.2025 in Crl.Misc.No.201/2022 granting maintenance to the respondents.
Issues
Whether the Family Court's order granting maintenance is liable to be set aside or modified in revision.
Submissions/Arguments
Petitioner argued that the maintenance amount is excessive and he has no income.
Respondents opposed the petition, supporting the Family Court's order.
Ratio Decidendi
The High Court held that the Family Court had correctly assessed the income of the husband and the needs of the family, and no interference was warranted in revision as the order was just and proper.
Judgment Excerpts
Even though the case is at the stage of hearing on I.A.s, with the consent of both sides, heard arguments on merits.
This revision petition is filed under Section 19(4) of the Family Courts Act, 1984, challenging the order dated 11.02.2025 passed in Crl.Misc.No.201/2022 on the file of Principal Judge, Family Court, Belagavi
Procedural History
The Family Court, Belagavi passed an order dated 11.02.2025 in Crl.Misc.No.201/2022 granting maintenance to the wife and children. The husband filed a revision petition under Section 19(4) of the Family Courts Act, 1984 before the High Court of Karnataka, Dharwad Bench. The High Court heard arguments on merits with consent of both sides and dismissed the revision petition on 23.04.2026.
Acts & Sections
- Family Courts Act, 1984: 19(4)
- Code of Criminal Procedure, 1973 (CrPC): 125
