Case Note & Summary
The revision petition was filed by the husband/father challenging the order dated 21.07.2016 passed by the Family Court, Shivamogga in Crl.Misc.No.238/2013, whereby the Family Court directed the petitioner to pay Rs.7,000 per month as maintenance to his minor son (respondent No.2). The petitioner contended that the quantum was excessive given his income and other liabilities. The High Court, after hearing the counsel for the petitioner (respondents were served but not represented), observed that the Family Court had not properly considered the petitioner's financial capacity. The Court noted that the petitioner had other dependents and liabilities. Applying the principle that maintenance should be just and reasonable, not a source of enrichment, the High Court reduced the maintenance from Rs.7,000 to Rs.5,000 per month. The revision petition was allowed in part, modifying the Family Court order accordingly.
Headnote
A) Family Law - Maintenance - Quantum of Maintenance - Section 125 CrPC, Section 19(4) Family Courts Act, 1984 - Revision petition challenging Family Court order awarding Rs.7,000 per month to minor son - Court held that considering the father's income and other liabilities, the quantum was excessive and reduced it to Rs.5,000 per month - Held that maintenance must be just and reasonable, not a source of enrichment (Paras 4-6).
Issue of Consideration
Whether the quantum of maintenance of Rs.7,000 per month awarded by the Family Court to the minor son is excessive and warrants reduction.
Final Decision
The revision petition is allowed in part. The order dated 21.07.2016 passed by the Family Court, Shivamogga in Crl.Misc.No.238/2013 is modified. The petitioner is directed to pay Rs.5,000 per month towards maintenance to the minor son instead of Rs.7,000 per month.
Law Points
- Maintenance under Section 125 CrPC
- quantum of maintenance
- revision under Section 19(4) of Family Courts Act
- 1984
Case Details
2020 LawText (KAR) (11) 11
K. Srinivasa for petitioner; B.S. Prasad for respondent No.1
Smt. Nisha and Samuel Lobo (minor represented by mother)
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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 reduction of monthly maintenance awarded to his minor son.
Filing Reason
Petitioner contended that the maintenance of Rs.7,000 per month was excessive.
Previous Decisions
Family Court, Shivamogga in Crl.Misc.No.238/2013 dated 21.07.2016 awarded Rs.7,000 per month to minor son.
Issues
Whether the quantum of maintenance of Rs.7,000 per month awarded by the Family Court to the minor son is excessive and warrants reduction.
Submissions/Arguments
Petitioner's counsel argued that the Family Court order suffers from error as it did not consider the petitioner's income and liabilities properly, and the quantum is excessive.
Ratio Decidendi
Maintenance under Section 125 CrPC must be just and reasonable, considering the financial capacity of the father and his other liabilities. The quantum should not be excessive or a source of enrichment.
Judgment Excerpts
The order dated 21.07.2016, passed by the Family Court, Shivamogga in Crl.Misc.No.238/2013 is called in question in this revision petition, whereby, learned Judge has directed respondent to pay Rs.7,000/- per month towards monthly maintenance to petitioner No.2-minor son.
Sri.K.Srinivasa, learned counsel submits that the order of the Family Court suffers from error and the quantum of maintenance is excessive.
Procedural History
The Family Court, Shivamogga passed an order on 21.07.2016 in Crl.Misc.No.238/2013 awarding Rs.7,000 per month maintenance to the minor son. The petitioner filed a revision petition under Section 19(4) of the Family Courts Act, 1984 before the High Court of Karnataka challenging the order. The High Court heard the matter on 20.11.2020 and allowed the revision in part, reducing maintenance to Rs.5,000 per month.
Acts & Sections
- Family Courts Act, 1984: Section 19(4)
- Code of Criminal Procedure, 1973 (CrPC): Section 125
