Karnataka High Court
Sannabasavanni S/O Ningappa Naik, vs Smt. Sattewwa W/O Sannabasavanni Naik on 23 February, 2012
Author: N.K.Patil
Bench: N.K. Patil
IN THE HIGH COURT OF' KARNATAKA, CIRCUIT BENCH AT
DHARWAD
DATED THIS THE 2399 DAY OF FEBRUARY, 2012
BEFORE :
THE HON'BLE MR. JUSTICE N.K. PATIL
R.P.F.C.N0.327 of 2010(Cr1.Misc)
A{W
MisC.CVi Nos.107398 and 104906 of 2010
Between:
Sri. Sannabasavanni,
S/0 Ningappa Niak,
Age: Major,
Occ: Business 85 Agricultue,
R/0 Harankolla,
Post: M.Ma11apur,
Tq 85 Dist: Belgaum.
Petitioner
(common)
(By Sri. Jagadish Patilg Advocate}
And :
1. 81111:. Sattewwa,
W/0 Sannabasavanni Naik,
Age: Major,
Occ: Household,
R/0 C/0: ShrieL.B¢Ta1awa}g
Maimardi}
Tq: Gakakg Dist: Belgaum.
2. Kumar. Laxman,
S / <3 Sannabasavanni Niak,
Age: 17 years,
EM)
minor} represented
by his natural mother
respondent No. 1)
Respondents
(Common)
(Notice to R1 is held sufficient V/O dated 29.7.2011)
This R.P.F.C is filed under Section 19(4) of the Family
Court Act, against the order dated 12.03.2010 in Criminal
lVIisc.No.94/2008 on the file of the Judge, Family Court,
Belgaurn, partly allowing the petition filed U/Sec.127 of
Cr.P.C.
Misc.Civil.107398/2010 is filed U/o 41 Rule 27 R/W
Sec. 151 of CPC., praying to permit the petitioner to produce
the documents in the interest of Justice and Equity.
Misc.Civil.104906/2010 is filed U/o 41 Rule 5 R/W
Seo.151 of CPC., praying to stay all further proceedings in
Crl.Misc.No.94/2008 order dated 1203-2010 by Family
Court, Belgaurn till pending disposal of the above petition, in
the Interest of Justice.
This R.P.F'.C along with Misc.Cvls coming on for
Admission this day: the Court made the following
:ORDER:
This petition by the petitioner=husl:)and is arising out of the impugned order dated 12.312010 passed by the Judge? Family Court, Belgaurn, in CriiMisc.No.94/2008, wherein, the Family Court has allowed the petition filed by the respondents herein under Section 127 of Cr.P.C by. enhancing the maintenance at $1,000/-- per month to the wife and ?600/~ per month to the son till he attains majority from the date of the said order
2. In brief, the facts of the case are:
Respondent No.1 is the wife and respondent No.2 is the son of the respondent and the petitioner. After the birth of a second child, husband started to harass the wife, assaulted her insisting her to give consent for his second marriage and in the month September 1994, as she was not well, she was taken to her parents house by her father and thereafter, husband refused to take her back and neglected her. Therefore, Wife has filed Cr1.misc.No.SO8/1998 against the husband for maintenance, which was allowed, awarding the a maintenance of €258/« per month to the wife and 2'20fi/- per month to son, As the said maintenance awarded is very meager and Wife has no source of income and her son is going to school, she has filed 2:?
%;M~ Cr1.Miscr94/ 2008 for enhancement of maintenance under Section 127' of Cr.P.C. The said matter had come up for consideration before the Family Court, Belgaum, which in turn, after appreciating the oral and documentary evidence has allowed the said petition and enhanced the maintenance to ?'1,000/~ to the Wifeand ?500/- to the son. Being aggrieved by the said order, husband has filed this petition;
3. I have heard the learned counsel for the petitioner.
4. After hearing the learned counsel for the petitioner and after careful perusal of the order impugned passed by the Family Court, Belgaum, i am of the considered View that the maintenance awarded by the Family Court after appreciating the oral and documentary evidence and taking into consideration the cost of living and price of essential commodities is just and reasonable and interference by this Court is not %/we ealled for. Nor the petitioner has made out any good grounds to entertain the reiief sought in this petition,
5. For the foregoing reasons, this petition is dismissed as devoid of merits.
6. In View of the dismissal of the main matter on merits, the prayers sought in Mise.Cv1s do not survive for consideration. Hence, they are dismissed as having become infruetuous. Ordered accordingly.
Se/4 Etiesg tsn"'