Smt Laxmi W/O Timanna Veeradimman vs Sri Timmanna Veeradimman on 10 September, 2009

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Karnataka High Court

Smt Laxmi W/O Timanna Veeradimman vs Sri Timmanna Veeradimman on 10 September, 2009

Bench: C.R.Kumaraswamy

RPFC NO. 510/2009

IN THE HIGH COURT OF KARNATAKA.
CIRCUIT BENCH AT GULBARGA __

DATED THIS THE 10T DAY or  SEFTEMBER 2609
BEFORE
THE HON'BLE MR. JUSTICE © -R.KUMARASWAMY

RPFC NOS 10/ 2009

BETWEEN:

1.

Suit. Laxmi W/o Timanna. Veeradimman,
Age: 36 years, Gece: Household. oe
R/o P&T Coleny, Old Jewargh k Road,
Gulbarga-S85 102: _

Soniya D } 6 Timmanna,

Aged: 20 years; H. No. 14

P & T Colony, Old Jewargi Road,
Gulbarga -585 162... >

. Gitesh S/o Timmanna,
_Age:.S years, Minor

a (Petitioner No. 3 1s minor
_ U/€ of her natural mother
. Petitioner No. 1.)

.. Petitioners

" (By Sri S.S. Saradegi, Advocate)

AND:

Sri. Timmanna Veeradimman,

Age: S1 years, Occ: Agriculture,

R/o Kalebelagundi, Tq: Yadgir,
Dist: Gulbarga.

... Respondent
RY


RPFC NO. 3510/2009

This RPFC is filed u/s 19 (4) of the FC Act against the.
judgment and award dated 05.01.2009 passed i Cri..Mise. -

No. 163/2006 on the file of the District Judge, r amily Court

This Criminal petition coming cn for' admission, this
day the court made the following: oO

ORDER

This Revision Petition. Family Court is' filed under Section 19 (4) of the FC Act against the « judgment dated 05.01.2009 passed in orl Misc. "No. | 163/ 2006 on the file of the' District Judge. Family Court at Gulbarga for maintenance from the dat te of f petition.

2. oT have heard' the learned counsel for the petitioners.

_ 3.-The: brief facts of this case is as under:

Petitioner No. 1 is legally wedded wife of * respondent. Marriage between the petitioner and the | _respondent took place on 21.12.1988. Respondent Pe during the subsistence of the marriage with the petitioner, got married to second wife by name ew RPFC NO, 510/2009 -3- Sharanamma. Respondent neglected and -refused to maintain the petitioners. Therefore, the petitioners filed. ~ a petition under Section 128 of (ChP.C. before the Family Court, Gulbarga claiming n:aintenasice of Rs. 2,000/- each per month. The court below awarded Rs. 1,000/- to petitioner No. 1 and Rs. 500/- each to petitioner Nos. 2 and 2._

4. Feeling aggrieved by the said order, this revision petition is filed is this court for modifving the order of the District Judge, Family Court, Gulbarga and prays to enhance the maintenarice amount.

a .

o. "The learned counsel for the petitioners : "submited 2s iollows:

* The respondent owns 58 acres and S guntas of > : ; tand., : He also owns two tractors and a trolley. The

- income earned from the tractor by the respondent is about Rs. 78,000/- per month. The income derived from the land is about Rs. 6 to 7 lakhs per year. Ex. P10 Ls RPFC NO, 510/ 2009 to P19 are record of rights. Ex. P9 is the RC book of the. tractor.

6. Section 125 of Cr.PC revez s that provision: is a 7 measure of social justice extended to protect women .

and children, the object . to - "prevent Vagraney and destitution. It provides speed; y remed y to the deserted women. Order passed under 8 ection 125 of Cr.PC is a summary proce cettings 2 and does not determine the rights of the parties.

7 The court. Leow has awarded maintenance amount. of Rs: 1 1000. to the wife and Rs. 500/- each to the ¢ children. Under Section 125 of Cr.P.C., upon proof | of euch neglect or refusal, order such person to make a _ monthly ailowance for the maintenance of his wife or oe such child, father or mother, at such monthly rate, as such Magistrate thinks fit. In the instant case, the Magistrate has thought that wife and children are entitled for maintenance amount of Rs. 1,000/- and Rs. v-

RPFC NO. 510/ 2009

a S00/- each for two children. Under the provisions of -

Section 125 of Cr.P.C. the maintenance " amount is ° awarded to the wife and children: -- "The word maintenance means support at the basic ievel. : Such | . being the case, the contention of the learned counsel for the petitioners that the husband of the petitioner has got tractors and landed property 'cannot be taken into consideration 1 under the "prptinion™ of Section 125 of Cr.P. C. to award maintenance amount proportionate to the income. earned by him. If the petitioners want higher amount of imainitenance, they may seek the relief before the Civil Court under the civil law.

_ 8. At this, stage, learned counsel for the petitioners submits that he may be permitted to make an

- application under Section 127 of Cr.P.C. before the ss court below seeking for alteration of the maintenance "amount. He further submits that petitioner No. 2 Soniya has attained majority and this is a changed a RPFC NO. 510/2009 circumstance. In that view of the matter, the learned Magistrate is directed to examine | , and award . maintenance amount to the petitioner No. and 2 in case if an application for: alteration of the allowance. is filed and if the Magistrate: thinks fit tw enhance the maintenance amount, whe may "consider the: same.

With the ese observations, this 3 revision petition is disposed of .. a Sd/-

JUDGRE swk

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