Karnataka High Court
Shri Praveen S/O Bahusaheb Shirodkar vs Smt Usha S/O Bhausaheb Shirodkar on 9 November, 2023
-1-
NC: 2023:KHC-D:13158
RPFC No. 100115 of 2022
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 9TH DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MRS JUSTICE K.S.HEMALEKHA
REV.PET FAMILY COURT NO. 100115 OF 2022
BETWEEN:
SHRI PRAVEEN S/O. BHAUSAHEB SHIRODKAR
AGE. 49 YEARS, OCC. BUSINESS,
R/O. 167 BUDA COLONY, SCHEME NO.51,
LAXMI TEKDI, BELAGAVI-591108.
...PETITIONER
(BY SRI. GEETHA K. M. ADVOCATE)
AND:
1. SMT. USHA W/O. BHAUSAHEB SHIRODKAR
AGE. 72 YEARS, OCC. HOUSEHOLD,
Digitally signed
VISHAL
by VISHAL
NINGAPPA R/O. 167 BUDA COLONY, SCHEME NO.51,
NINGAPPA PATTIHAL
PATTIHAL Date: LAXMI TEKDI, BELAGAVI-591108.
2023.11.21
12:38:49 +0530
2. SHRI NITIN S/O BHAUSAHEB SHIRODKAR
AGE. 47 YEARS, OCC. BUSINESS,
R/O. 734 MARUTI GALLI, DEVGEKAR WALAR,
SULAGA VILLAGE, TAL AND DIST. BELAGAVI-591108.
...RESPONDENTS
(BY SRI.VITTAL S. TELI, ADVOCATE FOR R1 AND R2)
THIS R.P.F.C IS FILED UNDER SEC.19(4) OF THE FAMILY
COURT ACT, 1984, PRAYING TO ALLOW REVISION PETITION BY
SETTING ASIDE THE IMPUGNED ORDER PASSED BY THE PRINCIPAL
JUDGE FAMILY COURT BELAGAVI DATED 04.05.2022 IN CRI MISC
NO. 20/2019 IN THE INTEREST OF JUSTICE AND EQUITY.
-2-
NC: 2023:KHC-D:13158
RPFC No. 100115 of 2022
THIS R.P.F.C, COMING ON FOR ADMISSION, THIS DAY, THE
COURT MADE THE FOLLOWING:
ORDER
सवतीथमयी माता सवदे वमयः िपता ।
मातरं िपतरं त ात् सवय ेन पूजयेत् ॥
सभी मनु ों के माता सम तीथ के सामान है ,
तथा िपता सम दे वों के सामान पू जनीय होते है ।
अतः मनु का यह परम कत# है िक
वह माता िपता का आदर और स&ार करे ।
Mother is the embodiment of all pilgrimage father is the embodiment of all deities.
Hence, mother and father are to be revered with all efforts.
Padma Purana Shruti Khand 47:13
2. The respondent No.1 before the Family Court son of the applicant-mother is before this Court assailing the order of the family Court, whereby, the petition filed by the mother under Section 127 Cr.P.C. seeking enhancement of maintenance was allowed by the family Court directing the petitioner and respondent No.2 to pay ₹4,000/- per month each to the applicant-mother.
3. The mother filed petition seeking enhancement of maintenance under Section 127 Cr.P.C. It is averred in the petition that in the year 2011, the applicant had filed Crl. Misc. -3-
NC: 2023:KHC-D:13158 RPFC No. 100115 of 2022 57/2011 seeking maintenance, which was allowed by the Family Court awarding ₹2,000/- per month to the mother, directing each of the son to pay ₹1,000/- each. Due to change of circumstance, age related problems and the mother unable to meet her day to day expenses, more particularly the medical expenses with meager amount of ₹2,000/-, filed the present application seeking enhancement of maintenance against her son.
4. The petitioner herein is arrayed as respondent No.1 and another son as respondent No.2. On service of notice by the Family Court, respondent No.1-petitioner herein appeared through his counsel and filed his objections, respondent No.2 appeared in person.
5. The sum and substance of the objections of the petitioner herein was that the mother is only claiming maintenance against him though he is regularly paying earlier maintenance of ₹1,000/-, the other son is also duty bound to maintain his mother, though he is not regular in payment of maintenance his mother has no grievance against respondent No.2 and the proceedings by the mother is only against this -4- NC: 2023:KHC-D:13158 RPFC No. 100115 of 2022 petitioner. It is averred that he is already financially burdened as he has three growing children, whose education expenses are too heavy and he and his wife have heath issues. Prime contention of the petitioner herein is that he has no sufficient means to maintain his mother.
6. The Family Court on the basis of the pleadings framed the necessary points for consideration. In order to substantiate their claim, the petitioner mother examined herself as PW.1 and another witness as PW.2 and got marked document as Ex.P.1. Respondent No.1 examined himself as RW.1 and got documents as Exs.R.1. to R.22.
7. The concerned Family Court by considering the oral and documentary evidence arrived at a conclusion that the petitioner's mother has made out a case for enhancement of maintenance and awarded ₹4.000/- each payable by her two sons.
8. Aggrieved by the order of maintenance, one son is before this Court.
-5-
NC: 2023:KHC-D:13158 RPFC No. 100115 of 2022
9. Heard the learned counsel for the petitioner Smt. Geetha K. M and the learned counsel appearing for the respondent Sri.Vitthal S. Teli.
10. Learned counsel for the petitioner submits that since last two years, the petitioner and his wife are suffering financial difficulties due to COVID-19 and they are unable to maintain themselves, the award of maintenance by the Family Court, Belagavi directing the respondent No.1 to pay ₹4,000/- to the mother is without considering the fact that respondent No.1 has not severed his duty to lookafter the welfare of his mother and infact that has been specifically pleaded by the petitioner-mother in her petition that respondent No.1 is always diligent in paying maintenance as ordered in the earlier petition. Learned counsel for the petitioner would contend that the petitioner-mother is staying in the premises owned by the respondent No.1 and directing the petitioner herein to pay an amount of ₹4,000/- by the Family Court is without considering the materials placed on record by the present petitioner.
11. Per contra, learned counsel appearing for the respondent-mother justifying the order passed by the Family -6- NC: 2023:KHC-D:13158 RPFC No. 100115 of 2022 Court would contend that the Family Court taking into consideration all the material available on record has rightly ordered maintenance to the mother and contends that the same does not warrant interference by this Court.
12. The granting of maintenance under Section 127 Cr.P.C is under circumstances, when the Court finds that the applicant who is seeking maintenance is unable to maintain herself due to changed circumstance. Section 127 Cr.P.C enumerates that the duty is cast upon the person to maintain his wife, children and the old age parents who are unable to maintain themselves. In the present circumstances, the petitioner who has filed an application seeking enhanced maintenance is the mother and respondent Nos.1 and 2 are the children of the petitioner. Petitioner is aged about 70 years and has got age related issues. The Family Court on the assets and liabilities which was placed by way of affidavit by the petitioner as well as the respondents as held by the Apex Court in the case of Rajnesh Vs. Neha and Another1 the Family Court arrived at the conclusion that the sons have sufficient income and they have failed in their responsibility to lookafter the 1 (2021) 2 SCC 324 -7- NC: 2023:KHC-D:13158 RPFC No. 100115 of 2022 welfare of their mother. In that circumstances, the respondents being the sons are bound to maintain their mother who is unable to maintain herself, directed the respondents therein to pay each ₹4,000/- per month to the petitioner-applicant. The contention of the learned counsel for the petitioner that the mother is staying in the premises owned by the petitioner herein - son that he was looking after the welfare of the mother does not find place either in the pleadings or is any materials placed before the Family Court to the said aspect. In the light of the said circumstances, the Family Court was justified in awarding maintenance of ₹4,000/- by each of the sons to the mother.
13. This is a very strange fact that the mother was forced to initiate the proceedings for enhancement of maintenance against the sons. A mother bears the child in the womb for nine months, bears the pain with a smile, gives her whole life for children. A mother is the only person who is not selfish in giving the best to her offspring without any expectation in return. One should imagine the circumstance what brought the mother to this State making her ask for maintenance for survival. No mother would like her children to -8- NC: 2023:KHC-D:13158 RPFC No. 100115 of 2022 suffer at the cost of her, it is only when the situation demand and are beyond her control she would take such initiative. Children fight for share in the parents' property, when it comes for taking care of them, they shift their burden to each other and nobody comes forward to take care of their parents in old age and this is the truth of life, as several instances of such nature are noticed by the Courts, and as in the present case, where petitioner contends that other son is also under bounden duty to maintain mother. The Family Court taking note of the changed circumstances pleaded by the mother with the meager maintenance amount of ₹2,000/- awarded by the Court in the earlier proceedings the sustenance is difficult directed both the sons to pay ₹4,000/- each to the applicant-mother. In the said circumstances, this Court is of the considered view that the petition filed by the son assailing the order of maintenance granted against him does not warrant any interference and in the result, the petition is entitled to be dismissed as devoid of merits and accordingly, this Court pass the following:
ORDER
i) The Revision Petition is here by dismissed. -9-
NC: 2023:KHC-D:13158 RPFC No. 100115 of 2022
ii) The impugned order of the Family Court stands confirmed.
iii) The Trial Court records to be remitted back forthwith.
Sd/-
JUDGE PJ List No.: 1 Sl No.: 48