Karnataka High Court
Smt Gouravva W/O Prakash Patil vs Sri Prakash S/O Babagouda Patil on 3 November, 2023
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NC: 2023:KHC-D:12859
RPFC No. 100116 of 2022
IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH
DATED THIS THE 3RD DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MRS JUSTICE K.S.HEMALEKHA
REV.PET FAMILY COURT NO.100116 OF 2022
BETWEEN:
SMT. GOURAVVA W/O PRAKASH PATIL,
AGE. 41 YEARS, OCC. HOUSEHOLD WORK,
R/O. UPPIN BETAGERI,
TQ. DIST. DHARWAD.
...PETITIONER
(BY SRI I. C. PATIL, ADVOCATE)
AND:
SRI PRAKASH S/O BABAGOUDA PATIL,
AGE. 53 YEARS, OCC. AGRICULTURE,
R/O. NESARAGI, TQ. BAILHONGAL,
DIST. BELAGAVI-591121.
...RESPONDENT
(BY MISS. RENUKA YADAMELI, ADVOCATE FOR
Digitally
SMT. GIRIJA S. HIREMATH, ADVOCATE)
signed by
VISHAL
VISHAL NINGAPPA THIS R.P.F.C IS FILED UNDER SECTION 19(4) OF THE
NINGAPPA PATTIHAL FAMILY COURT ACT, PRAYING TO, i) CALL FOR RECORDS
PATTIHAL Date:
2023.11.07 PERTAINING TO CRL.MISC.NO. 162/2017.ii) SET ASIDE THE
11:25:01
+0530 JUDGMENT AND ORDER DATED 26.06.2019 PASSED BY THE
PRINCIPAL JUDGE FAMILY COURT, DHARWAD, IN CRL.
MISC.NO. 162/2017 iii) IT IS PRAYED THAT, THIS HONBLE
COURT BE PLEASED TO ALLOW THE MAINTENANCE PETITION
AND AWARD MONTHLY MAINTENANCE OF RS.20,000/- TO THE
PETITIONER AS PRAYED FOR FROM THE DATE OF PETITION, IN
THE INTEREST OF JUSTICE AND EQUITY.
THIS R.P.F.C, COMING ON FOR ADMISSION, THIS DAY,
THE COURT MADE THE FOLLOWING:
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RPFC No. 100116 of 2022
ORDER
1. The Present petition by the wife assailing the order dated 26.06.2019 in Crl.Misc.No.162/2017 on the file of Principal Judge, Family Court, Dharwad, whereby, the petition filed by the wife under Section 125 Cr.P.C., came to be dismissed by the Trial Court.
2. Heard Sri I.C.Patil, learned counsel appearing for the petitioner and Smt.Renuka Yadameli, learned counsel appearing for the respondent.
3. The brief facts of the case are that the petitioner and the respondent are husband and wife and their marriage has been solemnized on 02.06.2014 at Nesaragi village in Bailhongal Taluk in Belagavi district as per Hindu custom prevailing in their community. There are no issues from the said marriage. The petitioner instituted Crl.Misc.No.162/2017 seeking interim maintenance from her the husband under Section 125 of Cr.P.C. The proceedings are contested by the respondent inter alia contending that he is an agriculturist having no sufficient -3- NC: 2023:KHC-D:12859 RPFC No. 100116 of 2022 source of income. It is specifically averred that the wife has neglected the husband and she has failed to perform her matrimonial obligations, by leaving the matrimonial home without any reasonable cause.
4. Learned counsel for the petitioner would contend that the Family Court only on the sole ground that the wife has deserted the company of the husband without any reasonable cause, has refused to award maintenance in favour of the petitioner, without looking into the aspect that the husband is having sufficient source of income from agriculture and business, and he has willfully neglected and refused to maintain the wife and the said ingredients are only to be looked into while a petition under Section 125 Crl.P.C., is to be considered by the Family Court.
5. Per contra, learned counsel appearing for the respondent-husband would justify the order of the Trial Court and would contend that the wife has left her matrimonial home without any reasonable cause and in -4- NC: 2023:KHC-D:12859 RPFC No. 100116 of 2022 light of the same, the husband is not entitled to maintain the wife.
6. This Court has carefully considered the rival contentions urged by the learned counsel for the parties and perused the material on record, the only point that arises for consideration :
"Whether the Trial Court was justified in dismissing the Cr. Misc initiated by the wife under Section 125 Cr.P.C. in the present facts and circumstances of the case?"
7. In order to answer the point for consideration, Section 125 Cr.P.C., needs to be looked into. Section 125 of CR.P.C. reads as under:
125. Order for maintenance of wives, children and parents.- (1) If any person having sufficient means neglects or refuses to maintain-
(a) his wife, unable to maintain herself, or
(b) his legitimate or illegitimate minor child, whether married or not, unable to maintain itself, or
(c) his legitimate or illegitimate child (not being a married daughter) who has attained majority, where such child is, by reason of any physical or mental abnormality or injury unable to maintain itself, or -5- NC: 2023:KHC-D:12859 RPFC No. 100116 of 2022
(d) his father or mother, unable to maintain himself or herself, a Magistrate of the first class may, upon proof of such neglect or refusal, order such person to make a monthly allowance for the maintenance of his wife or such child, father or mother, at such monthly rate not exceeding five hundred rupees in the whole, as such Magistrate thinks fit, and to pay the same to such person as the Magistrate may from time to time direct:
(Emphasis supplied)
8. The object of Section 125 of Cr.P.C. is to provide social justice which has been enacted to protect the weaker section of the society like the women and children. The object is to compel a man to perform his moral obligations towards the society in respect of maintaining his wife, children and old parents, so that, they are not put to destitution and become the liability of the society and may forced to adopt a life of vagrancy, immorality and crime for their subsistence or go astray. The proceedings are summary in nature and provide for speedy remedy against starvation of a deserted wife, children or indigent parents. The proceedings under Section 125 of Cr.P.C., are not final and the parties are at liberty to agitate their rights in the Civil Court. -6-
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9. The question whether the wife has willfully deserted the husband is a question that needs to be considered in the proceedings that could be initiated by either side in matrimonial cases, not in a proceeding under Section 125 of Cr.P.C., which is only a summary proceedings. The Apex Court in the case of Dwarika Prasad Satpathy Vs. Bidyut Prava Dixit and another1 has held that an order under Section 125 Cr.P.C. does not finally determined the rights and obligation of the parties, since the proceedings are summary in nature for providing immediate remedy to the deserted wife, children and parents.
10. The Apex Court in the case of Rajnesh Vs. Neha and another2 has held that when an application under Section 125 Cr.P.C. is considered on two conditions predicated are: i) the husband has sufficient means and ii) "neglects to maintain his wife, who is unable to maintain herself". The Apex Court held that the remedy 1 (1999) 7 SCC 675 2 (2021) 2 SCC 324 -7- NC: 2023:KHC-D:12859 RPFC No. 100116 of 2022 provided under Section 125 is summary in nature, and the substantive disputes with regard to dissolution of marriage can be determined by a Civil Court/Family Court in an appropriate proceeding such as the Hindu Marriage Act, 1956.
11. The Family Court has lost sight of the said proposition of law and has arrived at a conclusion that since the wife has willfully stayed away from the husband, the wife has not made out a case for grant of maintenance in her favour, which this Court is of the considered view is not sustainable and the same calls for interference. For the foregoing reasons, this Court pass the following:
ORDER
1. The revision petition filed by the wife is hereby allowed.
2. The impugned order passed in Crl.Misc.No.162/2017 dated 26.02.2019 on the file of the Principal Judge, Family Court, Dharwad is hereby set aside.-8-
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3. The matter is remitted back to the Trial Court for fresh consideration in accordance with law to adjudicate the claim of the petitioner on merits regarding the quantum of maintenance.
4. The parties are directed to appear before the Trial Court on 04.12.2023.
5. On such appearance of the parties, the Family Court to consider the same on merits in accordance with law.
All the contentions of the parties are kept open.
(Sd/-) JUDGE EM List No.: 1 Sl No.: 53