Maheboobsab S/O Hussainsab Handi vs Nazama Begum W/O Maheboobsab Ors on 28 November, 2012

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Karnataka High Court

Maheboobsab S/O Hussainsab Handi vs Nazama Begum W/O Maheboobsab Ors on 28 November, 2012

Bench: Mohan Shantanagoudar

                            -1-


           IN THE HIGH COURT OF KARNATAKA
              CIRCUIT BENCH AT GULBARGA

     DATED THIS THE 28TH DAY OF NOVEMBER, 2012

                         BEFORE

 THE HON'BLE MR.JUSTICE MOHAN SHANTANAGOUDAR

                   R.P.F.C.NO.532/2012

BETWEEN :

Maheboobsab
S/o.Hussainsab Handi
Aged 35 years, Occ: Agriculture
R/o.Dhade Sugur, Ward No.2
Sindhanur Taluk
Raichur Dist.                      .. PETITIONER

(By Sri Ashok S.Kinagi, Adv.,)

AND :

1. Nazama Begum
   W/o.Maheboobsab
   Aged 26 years, Occ: Household
   R/o.Mangalwarpet, Raichur

2. Sarfaraz Alam
   S/o.Maheboobsab
   Aged 6 years, Occ: Student
   R/o.Mangalwarpet, Raichur

3. Samia Naaz
   D/o.Maheboobsab
   Aged 1 year,
   R/o.Mangalwarpet, Raichur
                             -2-


  Respondents 2 and 3 are minors
  U/g of their natural mother
  i.e., petitioner No.1          .. RESPONDENTS


      This   petition is filed under Section 19(4) of the
F.C.Act, 1984, against the judgment dated 17.3.2012 passed
in Crl.Misc.No.62/2011 on the file of the Judge, Family
Court at Raichur, partly allowing the petition filed under
Section 125 of Cr.P.C.

     This petition coming on for orders, this day the Court
made the following:-


                        ORDER

This petition is filed by the husband praying for reduction of maintenance granted in favour of respondents. Respondent No.1 is the wife of the petitioner. Respondents 2 and 3 are the children born out of the wedlock between the petitioner and the first respondent. The second respondent is a school going son and the third respondent is one year old daughter of the petitioner. It is impossible to maintain respondents 2 and 3 in a sum of Rs.2,000/- as awarded by the Court below. Fortunately, in respect of the first respondent the Court below has granted -3- Rs.3,000/- per month towards maintenance. In all Rs.5,000/- is awarded in respect of respondents 1 to

3. If some amount is reduced, then respondents 2 and 3 will definitely suffer.

2. Petitioner is having four agricultural lands, out of which three are irrigated lands through Thugabhadra Project and they are paddy growing fields. Under such circumstances, no interference is called for.

Hence, petition fails and the same stands dismissed.

SD/-

JUDGE *ck/-

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