Karnataka High Court
Veena vs Dr Yashavant on 6 August, 2025
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
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NC: 2025:KHC-K:4476
RPFC No. 200130 of 2024
C/W RPFC No. 200005 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 6TH DAY OF AUGUST, 2025
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
REV.PET FAMILY COURT NO.200130 OF 2024
C/W
REV.PET FAMILY COURT NO.200005 OF 2025
IN R.P.F.C. NO.200130 OF 2024:
BETWEEN:
DR. YASHAVANT
S/O KESU RATHOD,
AGE: 42 YEARS,
OCC: MEDICAL PRACTITIONER,
R/O: SHANTI CLINIC, BASAVESHWAR NAGAR,
CHITTAPUR ROAD, YADGIRI - 585 211.
...PETITIONER
Digitally signed by (BY SRI GANESH NAIK, ADVOCATE)
SHIVALEELA
DATTATRAYA
UDAGI AND:
Location: HIGH
COURT OF SMT. VEENA
KARNATAKA
W/O YASHAVANT RATHOD,
AGE: 40 YEARS,
OCC: HOUSEHOLD,
R/O: MULASAVALAGI L.T.,
NOW RESIDING AT C/O: SHANKAR G. CHAVAN,
H.NO.86, IIND CROSS, VIVEKANAGAR,
VIJAYAPURA - 586 101.
...RESPONDENT
(BY SMT. HEMA L. K. & MISS. RAJESHWARI JAMADAR, ADVS.)
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NC: 2025:KHC-K:4476
RPFC No. 200130 of 2024
C/W RPFC No. 200005 of 2025
HC-KAR
THIS REVISION PETITION FAMILY COURT IS FILED
UNDER SECTION 19(4) OF THE FAMILY COURTS ACT, PRAYING
TO SET ASIDE THE IMPUGNED ORDER DATED 14.10.2024
PASSED BY I ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT
AT VIJAYAPUR IN CRL. MISC. NO.214/2020 AND AWARD
MAINTENANCE TO THE PETITIONER AS PRAYED FOR, IN THE
INTEREST OF JUSTICE.
IN R.P.F.C. NO.200005 OF 2025:
BETWEEN:
VEENA W/O YASHAVANT RATHOD,
AGE: 40 YEARS,
OCC: HOUSEHOLD,
R/O: MULASAVALAGI L.T.,
NOW AT C/O: SHANKAR G. CHAVAN,
H.NO.86, IIND CROSS, VIVEKANAGAR,
VIJAYAPURA - 586 101.
...PETITIONER
(BY SMT. HEMA L. KULKARNI, SRI LAXMIKANT H.K., AND
MISS. RAJESHWARI JAMADAR, ADVS.)
AND:
DR. YASHAVANT
S/O KESU RATHOD,
AGE: 42 YEARS,
OCC: MEDICAL PRACTITIONER,
R/O: SHANTI CLINIC, BASAVESHWAR NAGAR,
CHITTAPUR ROAD, YADGIR - 585 202.
...RESPONDENT
(BY SRI GANESH NAIK, ADVOCATE)
THIS REVISION PETITION FAMILY COURT IS FILED
UNDER SECTION 19(4) OF THE FAMILY COURTS ACT, PRAYING
TO MODIFY THE JUDGMENT AND DECREE DATED 14.10.2024
PASSED BY THE I ADDITIONAL PRINCIPAL JUDGE, FAMILY
COURT, VIJAYAPURA IN CRL.MISC.NO.214/2020 AND ENHANCE
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NC: 2025:KHC-K:4476
RPFC No. 200130 of 2024
C/W RPFC No. 200005 of 2025
HC-KAR
THE MAINTENANCE AMOUNT 25,000/- TO 50,000/- IN THE
INTEREST OF JUSTICE AND EQUITY.
THESE REVISION PETITION FAMILY COURT, COMING ON
FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS
UNDER:
CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR
AMARANNAVAR
ORAL ORDER
RPFC No.200130/2024 is filed by the husband and RPFC No.200005/2025 is filed by the wife. In both the petitions, order impugned is dated 14.10.2024, passed in Criminal Miscellaneous No.214/2020, by the I Additional Principal Judge, Family Court, Vijayapur, whereunder wife has been awarded maintenance of Rs.25,000/- per month from the date of order.
2. Heard the learned counsel for the petitioner/husband and learned counsel for the respondent/wife.
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NC: 2025:KHC-K:4476 RPFC No. 200130 of 2024 C/W RPFC No. 200005 of 2025 HC-KAR
3. The relationship between the parties is not in dispute. The quantum of maintenance as ordered by the Family Court has been questioned by both the husband and wife in the present revision petitions. The husband has sought to set aside the order of maintenance as awarded by the Family Court. The wife has challenged the quantum of maintenance awarded stating that it is not an adequate maintenance considering the income of the husband.
4. Learned counsel for the husband contended that except salary, he has no other income and out of salary income, he has to pay Rs.25,000/- per month to the mother and Rs.25,000/- per month to the father as maintenance as per the order passed in Criminal Miscellaneous No.369/2022. He further submits that there is no evidence on record to prove that the husband is running a clinic and getting income. Two plots which he has purchased by availing the loan have been sold under two sale deeds as per Exs.R.7 and 8. He submits that the husband, being a Government medical practitioner, has to -5- NC: 2025:KHC-K:4476 RPFC No. 200130 of 2024 C/W RPFC No. 200005 of 2025 HC-KAR maintain his standard and status and considering the same, the maintenance awarded in a sum of Rs.25,000/- is on the higher side. Hence, he prays to allow the petition.
5. Learned counsel for the wife would contend that apart from the salary, the husband is running clinic and getting income and Exs.P.6 to 13 are photographs of the same. The husband in collusion with the parents, got passed an order on compromise petition, wherein maintenance has been ordered to be paid to the parents in a sum of Rs.25,000/- each only to see that the quantum of maintenance awarded in the case is on the lower side. The maintenance awarded by the Trial Court is not adequate to maintain the wife. The husband is leading luxurious life having a car. She further contends that the order of maintenance has been given effect from the date of order only for the reason that the interim maintenance of Rs.5,000/- has been awarded in a Criminal Miscellaneous No.529/2020. She further submits that whenever there is -6- NC: 2025:KHC-K:4476 RPFC No. 200130 of 2024 C/W RPFC No. 200005 of 2025 HC-KAR an order of maintenance, it should be from the date of petition and on that point, she placed reliance on the decision of the Hon'ble Apex Court in the case of Dr. Kulbhushan Kumar Vs. Smt. Raj Kumari and Another reported in (1970) 3 SCC 129. She has also placed reliance on the same judgment on the point that the maintenance awarded should be 25% of the income of the husband. She also placed reliance on the decision of the Hon'ble Apex Court in the case of Dr. Rajiv Verghese Vs. Rose Chakkrammankkil Francis reported in 2024 INSC 876 on the point that the wife has accustomed to a certain standard of living in her matrimonial home and is entitled to enjoy the same amenities of life as she would have been entitled to in her matrimonial home. With these, she submits that the maintenance awarded in a sum of Rs.25,000/- per month is not proper and correct and thus prays for enhancing the maintenance. -7-
NC: 2025:KHC-K:4476 RPFC No. 200130 of 2024 C/W RPFC No. 200005 of 2025 HC-KAR
6. Having heard the learned counsel for the parties, this Court perused the impugned order and Trial Court records.
7. The husband is working as a medical practitioner. Ex.P.15 is the pay slip of the husband for the month of May, 2023, wherein it is shown that the husband is getting gross salary of Rs.1,14,584/- and after deductions and recoveries of Rs.12,421/, he is getting net salary of Rs.1,02,163/-. All the deductions are compulsory deductions like, professional tax, EGIS, KGID and NPS. Even considering the said income of the husband, 25% of his net income would be Rs.25,000/-.
8. The wife contended that her husband is running a clinic by name 'Shanta Clinic' and getting income of Rs.2,00,000/- per month. The said suggestion put to husband in his cross-examination has been denied by him. Even he has denied the photographs shown to him in that regard which are at Exs.P.6 to 13. The evidence on record -8- NC: 2025:KHC-K:4476 RPFC No. 200130 of 2024 C/W RPFC No. 200005 of 2025 HC-KAR does not show any other income of the husband. The plots which the husband has purchased have been sold by him under two sale deeds as per Exs.R.7 and 8.
9. The rent agreement at Ex.R.6 indicates that the husband is residing in a rental premises. The documents at Exs.R.2 to 4 show that the husband is liable to pay maintenance of Rs.25,000/- each to his mother and father. Considering all these aspects, the quantum of maintenance as awarded by the Family Court in a sum of Rs.25,000/- per month to the wife is sufficient and adequate.
10. The maintenance has been awarded from the date of order. The said order of payment of maintenance from the date of order is based on the fact of grant of interim maintenance of Rs.5,000/- awarded in Criminal Miscellaneous No.529/2020 (Ex.R.1) in a proceedings initiated by the wife under the provisions of the Protection of Women from the Domestic Violence Act, 2005. Even -9- NC: 2025:KHC-K:4476 RPFC No. 200130 of 2024 C/W RPFC No. 200005 of 2025 HC-KAR though the said interim maintenance awarded in a sum of Rs.5,000/- is taken into consideration, the order of maintenance should be from the date of petition by deducting the interim maintenance of Rs.5,000/- which has been awarded in Criminal Miscellaneous No.529/2020. Therefore, the Family Judge has erred in passing order directing payment of maintenance from the date of order.
11. In view of the above, the following:
ORDER (1) The petition filed by the husband in RPFC No.200130/2024 is dismissed. (2) The petition filed by the wife in RPFC No.200005/2025 is allowed in part. (3) The order of maintenance in a sum of Rs.25,000/- ordered by the I Additional Principal Judge, Family Court, Vijayapur in Criminal Miscellaneous No.214/2020 dated
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NC: 2025:KHC-K:4476 RPFC No. 200130 of 2024 C/W RPFC No. 200005 of 2025 HC-KAR 14.10.2024 is ordered to be paid from the date of petition excluding Rs.5,000/- which has been paid as an interim maintenance in Criminal Miscellaneous No.529/2020.
Sd/-
(SHIVASHANKAR AMARANNAVAR) JUDGE RSP List No.: 1 Sl No.: 30 CT: VK