Karnataka High Court
Sri. T.N. Shivamadaiah vs Smt. Chandrakumari on 27 March, 2017
Author: A.N.Venugopala Gowda
Bench: A.N. Venugopala Gowda
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 27TH DAY OF MARCH, 2017
BEFORE
THE HON'BLE MR. JUSTICE A.N. VENUGOPALA GOWDA
RPFC NO.146/2016
BETWEEN:
SRI T.N. SHIVAMADAIAH
S/O. LATE NANJAIAH,
AGED ABOUT 61 YEARS,
R/AT NO.1-231, 1ST FLOOR,
BHEEMANAGAR,
KOLLEGALA TOWN,
CHAMARAJANAGAR DISTRICT- 571 440.
... PETITIONER
(BY SRI H. MOHAN KUMAR, ADV.)
AND:
SMT. CHANDRAKUMARI
W/O. T.N. SHIVAMADAIAH,
AGED ABOUT 51 YEARS,
TALAKADU,
T. NARASIPURA TALUK
MYSORE DISTRICT - 571 122.
... RESPONDENT
(BY SMT. ANUSHA ASUNDI FOR
SRI A.MADHUSUDHANA RAO, ADV.)
THIS PETITION IS FILED UNDER S.19(4) OF THE FAMILY
COURTS ACT, AGAINST THE ORDER DATED 03.09.2015 PASSED
IN C.MIS.NO.480/2014 ON THE FILE OF THE JUDGE, ADDL.
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FAMILY COURT, MYSURU, ALLOWING THE PETITION FILED
UNDER S.127 OF Cr.P.C., FOR MAINTENANCE.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE
COURT MADE THE FOLLOWING:
ORDER
Marriage of the petitioner and the respondent having been solemnized and they having not lived together for long period peacefully, C.Mis.No.377/1998 was filed under Section 125 Cr.P.C. Family Court at Mysuru by judgment dated 25.10.1999, directed the petitioner to pay maintenance at the rate of `500/- p.m.
2. C.Mis.No.480/2014 was filed by the respondent, under Section 127 Cr.P.C. in the Additional Family Court at Mysuru. Taking note of the fact that the petitioner, a Government Servant drawing salary of more than `22,000/- p.m., by an order dated 03.09.2015 was directed to pay maintenance amount of `10,000/- p.m. from the date of the order. Assailing the said order, this petition was filed.
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3. The petitioner has attained superannuation and retired from service on 31.05.2015. According to Sri Mohan Kumar, learned advocate, the pension which the petitioner is receiving is `7,025/- p.m.
4. The court below without taking into consideration the material circumstance of the retirement of the petitioner from service and being under the impression that he continues to be in employment, has directed the payment of enhanced maintenance amount of `10,000/- p.m. from 03.09.2015.
5. There being no dispute that the petitioner has ceased to be in Government service from 31.05.2015, an equitable order is required to be passed and the parties relegated to the Trial Court for adjudication of the matter.
6. During the course of hearing, it was suggested to Sri Mohan Kumar, that the petitioner should pay `6,000/- p.m. from the date C.Mis.No.480/2014 was filed, till 31.05.2015 and thereafter, `3,000/- p.m. till 4 C.Mis.No.480/2014 is decided afresh. Sri Mohan Kumar having regard to the over all circumstances agreed for the suggestion, as the petitioner while in service has not paid the maintenance to the respondent, commensurate to his status as a Government servant and his standard of living.
7. As the petitioner has not appeared before the Family court for want of service of notice of the case, I find justification to interfere with the impugned order and provide opportunity to the petitioner to appear in the Family court, putforth his defence for consideration.
In the result, the petition is allowed and the impugned order is set aside. However, the petitioner, as undertaken by his learned advocate shall pay to the respondent, enhanced maintenance amount at the rate of `6,000/- p.m. from the date C.Mis.No.480/2014 was filed till 31.05.2015 and `3,000/- p.m. from 01.06.2015 till the case is decided. The accumulated arrears shall be paid within a period of four months in equal installments. 5
Both parties are directed to appear in the court of learned Judge, Additional Family Court at Mysuru, on 27.04.2017 and receive orders. Objections, if any, of the petitioner to C.Mis.No.480/2014 shall be filed on the said date and the case shall be decided on or before 31.08.2017. The amount as agreed herein above shall be paid to the respondent herein, before the Trial Court.
I.A.No.1/2016 does not survive for consideration.
Sd/-
JUDGE ca