Case Note & Summary
The petitioner-husband filed a revision petition under Section 19(4) of the Family Courts Act, 1984, challenging the judgment and order dated 01.07.2015 passed by the Family Court, Belagavi in Crl. Misc. No.452 of 2013. The Family Court had partly allowed the respondents' claim for maintenance under Section 125 of the Code of Criminal Procedure, 1973, awarding Rs.3,000/- per month to the wife (respondent No.1) and Rs.2,000/- per month to the minor daughter (respondent No.2). The petitioner contended that the quantum of maintenance was excessive. The High Court, after hearing the parties, observed that the Family Court had taken affidavit evidence of the parties and that the quantum awarded was reasonable. The court found no grounds to interfere with the impugned order in exercise of its revisional jurisdiction. Accordingly, the revision petition was dismissed.
Headnote
A) Family Law - Maintenance - Quantum of Maintenance - Section 125 Cr.P.C., Section 19(4) Family Courts Act, 1984 - Revision petition challenging maintenance of Rs.3,000/- per month to wife and Rs.2,000/- per month to daughter - Held that the quantum is reasonable and does not warrant interference in revision (Paras 1-3).
Issue of Consideration
Whether the quantum of maintenance awarded by the Family Court is excessive or requires interference in revision.
Final Decision
The revision petition is dismissed. The impugned order of the Family Court is upheld.
Law Points
- Maintenance under Section 125 Cr.P.C.
- Quantum of maintenance
- Revision under Section 19(4) of Family Courts Act
- 1984
- Affidavit evidence in family courts
Case Details
2018 LawText (KAR) (04) 23
R.P.F.C No.100134 of 2015
Sri. Vitthal S. Teli (for petitioner), Sri. Sanjay S. Katageri (for respondent No.1)
Shri. Ujwal S/o. Manikchand Shaha
Smt. Bharati W/o. Ujwal Shaha and Kumari Samiksha Ujwal Shah (minor represented by mother)
Subscribe to unlock Case Details (Citation, Judge, Date & more)
Subscribe Now
Nature of Litigation
Revision petition against maintenance order under Section 125 Cr.P.C.
Remedy Sought
Petitioner sought to set aside or reduce the maintenance awarded by Family Court.
Filing Reason
Petitioner challenged the quantum of maintenance awarded to his wife and daughter.
Previous Decisions
Family Court, Belagavi partly allowed the maintenance claim awarding Rs.3,000/- per month to wife and Rs.2,000/- per month to daughter.
Issues
Whether the quantum of maintenance awarded by the Family Court is excessive and requires interference in revision.
Submissions/Arguments
Petitioner argued that the maintenance amount is excessive.
Respondents supported the Family Court order.
Ratio Decidendi
The quantum of maintenance awarded by the Family Court is reasonable and does not warrant interference in revisional jurisdiction under Section 19(4) of the Family Courts Act, 1984.
Judgment Excerpts
This Revision Petition lays a challenge to the Judgment and Order dated 01.07.2015 made by Family Court, Belagavi in Respondents’ Crl.Misc.No.452 of 2013, whereby Award of maintenance of Rs.3,000/- per month to the Respondent No.1/wife and Award of maintenance of Rs.2,000/- per month to the Respondent No.2/daughter have been directed.
The Family Court while deciding the claim petition has taken the affidavit evidence of parties.
Procedural History
The respondents filed Crl. Misc. No.452 of 2013 under Section 125 Cr.P.C. before the Family Court, Belagavi, which was partly allowed on 01.07.2015. The petitioner filed R.P.F.C No.100134 of 2015 under Section 19(4) of the Family Courts Act, 1984 before the High Court of Karnataka, Dharwad Bench, which was dismissed on 06.04.2018.
Acts & Sections
- Family Courts Act, 1984: Section 19(4)
- Code of Criminal Procedure, 1973: Section 125
