Case Note & Summary
The petitioner/husband filed a revision petition under Section 19(4) of the Family Court Act, 1984 against the order dated 10.6.2004 in Criminal Misc. No. 223/2013 passed by the Judge, Family Court, Belgaum. The Family Court had partly allowed the petition filed under Section 125 of Cr.P.C. and granted maintenance of Rs.2,500/- per month to the 1st respondent/wife and Rs.1,000/- per month to the 2nd respondent/daughter aged about 5½ years. The respondents alleged that the petitioner/husband harassed the wife, came home drunk, assaulted her, and provided grocery only for 15 days a month. The daughter had undergone a kidney operation, and the wife's father incurred Rs.60,000/- while the husband contributed Rs.20,000/-. The husband denied the allegations but admitted the relationship. He claimed the wife was not interested in his company and that he had to support his aged mother. The Family Court, after considering the evidence, granted the maintenance. The High Court, in revision, noted that the quantum of maintenance was reasonable and not excessive. The husband's income from his rubber stamp business was sufficient to pay the maintenance. The court found no grounds to interfere with the Family Court's order and dismissed the revision petition.
Headnote
A) Family Law - Maintenance - Section 125 Cr.P.C. - Quantum of Maintenance - Revision against order granting maintenance of Rs.2,500/- to wife and Rs.1,000/- to daughter - Husband contended that the amount was excessive and he had no capacity to pay - Court held that the quantum is reasonable and not excessive, considering the husband's income and the needs of the wife and child - Revision dismissed (Paras 1-5).
Issue of Consideration
Whether the Family Court's order granting maintenance of Rs.2,500/- to the wife and Rs.1,000/- to the daughter is excessive and warrants interference in revision.
Final Decision
The High Court dismissed the revision petition, upholding the Family Court's order granting maintenance of Rs.2,500/- to the wife and Rs.1,000/- to the daughter.
Law Points
- Maintenance under Section 125 Cr.P.C.
- quantum of maintenance
- revision against maintenance order
- Family Courts Act
- 1984
Case Details
2015 LawText (KAR) (06) 51
Sri Girish. A. Yadwad (for petitioner), Smt. Girija S. Hiremath (for respondents)
Shri Sanjay Chandusa Gongale
Smt. Anjali @ Vidhya and Kumari Vaishnavi
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Nature of Litigation
Revision petition against maintenance order under Section 125 Cr.P.C.
Remedy Sought
Petitioner/husband sought to set aside the Family Court's order granting maintenance to wife and daughter.
Filing Reason
Husband contended that the maintenance amount of Rs.2,500/- to wife and Rs.1,000/- to daughter was excessive and he had no capacity to pay.
Previous Decisions
Family Court, Belgaum partly allowed the petition under Section 125 Cr.P.C. and granted maintenance of Rs.2,500/- to wife and Rs.1,000/- to daughter.
Issues
Whether the Family Court's order granting maintenance of Rs.2,500/- to wife and Rs.1,000/- to daughter is excessive and warrants interference in revision.
Submissions/Arguments
Petitioner/husband argued that the maintenance amount is excessive and he has no capacity to pay due to meager income and medical expenses of his aged mother.
Respondents/wife and daughter argued that the husband has sufficient income from his rubber stamp business and the maintenance is reasonable.
Ratio Decidendi
The quantum of maintenance granted by the Family Court is reasonable and not excessive. The husband's income from his rubber stamp business is sufficient to pay the maintenance. There is no ground to interfere with the order in revision.
Judgment Excerpts
The petitioner/husband filed the above revision petition against the order dated 10.6.2004 made in Criminal Misc. 223/2013 on the file of the Family Court, Belgaum granting maintenance of Rs.2,500/- to the 1st respondent/wife and Rs.1,000/- to the 2nd respondent/daughter aged about 5 ½ years as on today.
Procedural History
The respondents filed a petition under Section 125 Cr.P.C. before the Family Court, Belgaum, which was partly allowed on 10.6.2004 granting maintenance. The petitioner/husband filed a revision petition under Section 19(4) of the Family Court Act, 1984 before the High Court of Karnataka, Dharwad Bench, which was dismissed on 17.6.2015.
Acts & Sections
- Family Courts Act, 1984: Section 19(4)
- Code of Criminal Procedure, 1973 (Cr.P.C.): Section 125
