Karnataka High Court
Shri. Vinayak S/O Ashok Pawar vs Shri Ashok S/O Vishnu Pawar on 19 February, 2024
Author: V.Srishananda
Bench: V.Srishananda
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NC: 2024:KHC-D:4018
RPFC No. 100167 of 2023
R
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 19TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE V.SRISHANANDA
REV.PET FAMILY COURT NO.100167 OF 2023
BETWEEN:
SHRI. VINAYAK
S/O. ASHOK PAWAR,
AGE. 47 YEARS, OCC. BUSINESS,
R/O. A.V. PAWAR DAIRY,
DESHAPANDE GALLI,
BELAGAVI-590001.
...PETITIONER
(BY SRI. VISHWANATH P.ALLANNAVAR, ADVOCATE)
AND:
1. SRI. ASHOK S/O. VISHNU PAWAR,
AGE. 73 YEARS, OCC. NIL
2. SMT. LAXMI W/O. ASHOK PAWAR,
AGE. 68 YEARS, OCC. NIL,
BOTH ARE RESIDENTS OF,
Digitally
signed by CTS NO.1167/A, KONWAL GALLI,
SAMREEN
SAMREEN AYUB
BELAGAVI-590001.
DESHNUR
AYUB
DESHNUR Date:
...RESPONDENTS
2024.02.23
16:55:39
+0530 (BY SRI. SHREEVATHSA HEGDE, ADVOCATE FOR R1-R2)
THIS R.P.F.C. IS FILED UNDER SEC.19(4) OF THE FAMILY
COURT ACT, 1984, PRAYING TO SET ASIDE THE ORDER PASSED IN
CRL. MISC.NO.134/2017 DATED 08.08.2023 PASSED BY THE I
ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, BELAGAVI, AS NULL
AND VOID AND TO DISMISS THE PETITION FILED BY THE
RESPONDENTS.
THIS R.P.F.C., COMING ON FOR FURTHER HEARING, THIS
DAY, THE COURT MADE THE FOLLOWING:
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NC: 2024:KHC-D:4018
RPFC No. 100167 of 2023
ORDER
The present revision petition is filed challenging the order passed by the Prl. Judge, Family Court, Belagavi in Crl.Misc.No.134/2017 dated 08.08.2023.
2. It is a pathetic case wherein old parents of the revision petitioner namely Ashok who is aged 68 years at the time of filing petition and Smt.Laxmi, who is aged 62 years, in the evening of their life approached the trial court with a request for grant of maintenance under Section 125 of Cr.P.C. from the respondent who is the son.
3. Petitioner Ashok contend that with hard work in the business and efforts put by the first petitioner, he acquired the properties in his name and reared the respondent who is doing diary business.
4. Petitioners further contended that out of love and affection, first petitioner had transferred all his hard earned immovable properties in favour of his son with fond -3- NC: 2024:KHC-D:4018 RPFC No. 100167 of 2023 of hope that respondent will look after and take care of their necessities in the rest of their life in the old age.
5. It is also contended that first petitioner was carrying business in the name and style of A.V.Pawar Dairy by selling the milk products in the heart of the city i.e. Deshpande Galli and the said business has carried sufficient good will. As dutiful parents, petitioners married the respondent. First petitioner is suffering from paralysis attack and second petitioner is suffering from old age ailments and medical expenses are running into few thousands every month.
6. Petitioners further contended that the respondent neglected to look after them and under the influence of some bad elements in the society, he started ill treating the petitioners and also started physically harassing the petitioners.
7. Petitioners also contended that all attempts of reconciliation meetings by friends and relatives went in -4- NC: 2024:KHC-D:4018 RPFC No. 100167 of 2023 vain. Petitioners were even deprived of their livelihood from the earnings of the business since transfer of immovable properties in the name of respondent. Respondent purchased a plot at Basavanagalli behind the dairy and shifted his residence along with family, completely deserting the petitioners and he left them in lurch at the evening of their life and therefore, sought for awarding of maintenance.
8. Petitioners further contend that the respondent is earning Rs.80,000/- to 1,00,000/- per month and also rentals from the commercial shops to the extent of Rs.25,000/- and therefore, each of the petitioners sought for awarding maintenance in a sum of Rs.30,000/- each.
9. Respondent who is revision petitioner appeared before this court and filed detailed written statement. In the written statement except admitting the relationship all other allegations were denied as false. -5-
NC: 2024:KHC-D:4018 RPFC No. 100167 of 2023
10. Respondent contended that his elder sister is residing with the parents and she is the rout cause for the differences between the respondent and the petitioners.
11. He also contended that first petitioner was carrying on the business in the name and style of Kavitha Cycle March and hey are maintaining themselves from the said cycle shop income.
12. Based on the rival contentions of the parties, trial court directed the parties to place oral and documentary evidence on record. Second petitioner was examined as PW.1 and placed on record six documents which were exhibited and marked as Ex.P1 to P6. As against the evidence placed on record by he petitioners, respondent examined himself as RW1 and placed on record 258 documents which were exhibited and marked as R1 to R258.
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13. On conclusion of the recording of the evidence, trial judge heard the parties in detail and allowed the petition by passing the following Order:
"ORDER The petition filed by the Petitioners under Section 125 of Cr.P.C. is allowed.
The Respondent shall pay monthly
maintenance of Rs.36,000/- p.m.
[Rs.18,000+Rs.18,000] to the Petitioners
from the date of the petition.
A certified copy of this Order is ordered to be supplied to the Petitioners free of cost."
14. Being aggrieved by the same, respondent has preferred the present revision petition on the following grounds:
"GROUNDS
9. The learned family court was not justified in ordering such a huge amount of maintenance totally amounting to Rs.28 Lakhs which will literally break the back of the Petitioner who is the sole caretaker of the family and leave him in a helpless situation. The Maintenance Order is unreasonable, and not in keeping with the -7- NC: 2024:KHC-D:4018 RPFC No. 100167 of 2023 facts and circumstances of not only the present case but also the realities of life of a middle class family. Rather than directing the enquiry into the needs of the parents, the learned Family Court has wrongly centred the enquiry around the income of the Petitioner only based on assumptions.
10. The Petitioner has always been ready and willing to take his parents along with him. The RW-1 has categorically admitted that the Respondent No.1 is willing to stay with the Petitioner. When the Respondent No.1 has no grievance against the Petitioner, the family court committed a grave error in ordering the huge sum of maintenance amount.
11. The Family Court has not understood the facts and circumstances of the case in proper perspective. The Respondents are staying in the ancestral house with their daughter. The Petitioner sends them milk and two times meals everyday. RW-1 admits that the Petitioner takes care of their hefty medical and other expenses. That apart, the Respondents are recovering Rs. 10,000/- as house rent per month. Hence, Ordering a maintenance amount of Rs.36,000/- per month over and above all this is unreasonable and unrealistic. In fact, the very conclusion -8- NC: 2024:KHC-D:4018 RPFC No. 100167 of 2023 that the Petitioner is not maintaining his parents is unsustainable.
12. The Family Court committed a serious error in not discussing or assigning any reason for ordering the payment of the Maintenance Amount from the date of the Petition especially without considering the Interim Maintenance paid by the Petitioner regularly during the pendency of the Petition before it.
13. In fact, the family court has ignored the material documents in the form of medical bills and other expenses amounting to more than Rupees Five Lakhs borne by the Petitioner towards the Respondents. The same are clearly admitted by the RW-1. Inspite of that, the family court by taking a commercial view of the situation and ignoring the nuances of family relations has wrongly ordered payment of a huge amount of maintenance which is totally unjust.
14. The family court has not considered and discussed the documents produced by the Petitioner in the right perspective. Similarly, no discussion is made regarding the oral evidence of the RW-1, which clearly shows that the Petitioner has all along discharged his responsibilities as a dutiful son.-9-
NC: 2024:KHC-D:4018 RPFC No. 100167 of 2023
15. The family court committed a grave error in blowing stray admissions of the Petitioner out of proportion and thereby arriving at wrong conclusions. In fact, on the basis of the facts and circumstances of the case and the material on record, the Family Court ought to have held that the Petitioner is diligently & sufficiently maintaining his parents and dismissed the Petition. However, the court below committed a grave error in coming to the conclusion that the Petitioner is not maintaining his parents.
16. The approach of the Family Court that the Petitioner is having regular income because regular deposits are made in the loan account is absurd and unknown to law. The court below was not justified in ignoring his liabilities by brushing aside the documentary evidence placed on record.
17. Looked at from any angle, the impugned order of the family court cannot be justified either in law or on facts the same is liable to be set aside."
15. Sri.Vishwanath D. Allannavar, learned counsel for he petitioners reiterating the above grounds vehemently contended that the respondent is taking care of day to day
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NC: 2024:KHC-D:4018 RPFC No. 100167 of 2023 expenses even today of the petitioners and therefore sought for allowing the revision petition or at least modify the quantum of maintenance ordered by the learned trial judge.
16. Per contra, Sri.Shrivastha Hegde, learned counsel contended that very fact that the respondents who are the parents of the revision petitioner made to approach the court seeking maintenance itself is a humility to the respondents at the evening of their life and such a pathetic situation arose in view of he avaricious nature of the petitioner and sought for dismissal of the revision petition.
17. Having heard the parties in detail, this court has perused the material on record meticulously.
18. On such perusal of the material on record, it is crystal clear that the petitioners, in their old age are not able to maintain themselves due to their health condition. Admittedly, immovable properties that were in the name of the father got transferred in the name of the revision
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NC: 2024:KHC-D:4018 RPFC No. 100167 of 2023 petitioner and there after he is carrying on the dairy business which was in the name and style of A.V.Pavar Dairy which has earned sufficient goodwill in the locality.
19. Admittedly, the revision petitioner is staying away from the respondents and respondents are living in the ancestral house. First respondent is suffering from paralysis is not in dispute. So also second respondent suffering from old age ailments is not disputed. Medical expenses and filing up of two bellies require sufficient amount of money that has been sought for by the aged parents of the revision petitioner that at the intervention of the court.
20. It is unfortunate that the parents are required to approach the court of law seeking an order of maintenance under Section 125 of Cr.P.C. from his own loved son. Though, the revision petitioner has denied majority of the contentions, fact remains that he has made separate residence and residing with his wife and children.
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21. Over last two centuries there is tremendous development in the field of science. Scientific development and inventions has been successful in finding out alternatives for the natural commodities by synthesizing the same in the laboratory. However, still the scientists are in process of synthesizing a drop of blood or drop of breast milk in the laboratory. Even if they succeed it can only be an alternative. But is there an alternative to the love and affection of the mother, who would go to extent of sacrificing her life only to see that her progeny to flourish. Mother's love is purest which cannot be compared with anything in universe. She always want the best for children. As such, she is considered as living God. Mother is Guardian Angel for her child. She is the most beautiful creation of God. It is often said that God cannot be present in this world everywhere and therefore he created mother.
22. Unfortunately mother of the revision petitioner had to approach the trial court with a begging bowl along with
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NC: 2024:KHC-D:4018 RPFC No. 100167 of 2023 her unhealthy husband for seeking intervention of the court to pass appropriate orders to meet day to day expenses for food and medicine.
23. The revision petitioner who is sufficiently affluent allowing the old age parents to be living under the mercy of somebody is totally unexpected.
24. It is common trite in the Indian Scenario that the parents with a fond hope that their children would look after them in proper manner in their old age, transfer the assets held in their name to their progeny. Experience in the past few decades, time and again caution that such a magnanimity shown by the parents in favour of the children have proven to be farce and such parents are unable to reconcile with the situation which they are left unattended in the evening of their life.
25. It is highly unfortunate that after suffered an order at the hands of the learned trial judge instead of complying
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NC: 2024:KHC-D:4018 RPFC No. 100167 of 2023 the order, revision petitioner has chosen to file revision petition seeking modification of the order.
26. Court can understand that if the revision petitioner himself is suffering for want of money. Even in such situation, revision petitioner is bound to maintain the parents. None the less in the case on hand, the revision petitioner is affluent enough and he is having an income of Rs.80,000/- to Rs.1,00,000/- per month from the diary business.
27. The trial court has ordered maintenance in a sum Rs.18,000/- each to parents in all a sum of Rs.36,000/-.
28. In a country like India where highest values were cherished in so far as the responsibility of dutiful son, in form of tale of Shravanakumar who himself carried his blind parents to different places of piligrimage on his shoulder, we have reached a stage where a affluent son neglecting to maintain the parents and also trying to avoid the maintenance decree.
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29. The material evidence placed on record no doubt shows that medical prescriptions are in the hand of revision petitioner and he might have paid the medical expenses.
30. It is the wish of this court that the respondents live their full life. But given their health condition, the old souls may not survive for long and get relieved themselves from this agony at the dispensation of god. Till such time, this court can only come to their rescue in dismissing the revision petition and directing the revision petitioner to comply the order at the earliest.
31. Passage of time may result the order becoming infructuous having regard to the precarious health condition of the respondents.
32. Revision petitioner producing the medical prescriptions and medical bills or photographs or such other records itself would not and should not absolve the liability of the son to maintain the parents especially
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NC: 2024:KHC-D:4018 RPFC No. 100167 of 2023 having got transferred all the immovable properties held by his father on to his name.
33. In view of foregoing discussion, this court does not find merit in any one of the grounds urged in the revision petition.
34. Accordingly, the following:
ORDER Revision Petition dismissed.
Sd/-
JUDGE HMB List No.: 2 Sl No.: 44