IN THE HIGH COURT OF KARNATAKA, CIRCUIT BENCH AT GULBARGA

DATED THIS THE 12TH DAY OF JULY 2013

BEFORE:

THE HON'BLE MR. JUSTICE V. SURI APPA RAO

RPFC NO.567 OF 2013

BETWEEN:

• 1. Pranith S/o Gurlingappa Denak Age: 15 years, Minor
• 2. Pavitra D/o Gurlingappa Denak Age: 12 years, Minor

Minors under the guardianship of their maternal uncle Revansidappa S/o Sudhakar Hatti, Gajipur, Gulbarga

. . . Petitioners

(By Sri S.S. Kumman, Advocate)

AND:

Gurlingappa S/o Prabhudev Denak Age: Major, Occ: Physical Teacher Govt. Shabazar High School Old Super Market, Gulbarga – 585 101

. . . Respondent

(By Sri. Danappa P. Panibhatt, Adv.)

This RPFC is filed U/S.19(4) of the Family Court Act, 1984, against the judgment and order dated 05.06.2012 passed in Crl. Misc. No.74/2011 on the file of the Dist. Judge, Family Court at Gulbarga, wherein, the petition was partly allowed.

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

ORDER

This revision petition is filed under Section 19 (4) of the Family Court Act, 1984, challenging the judgment and order dated 05.06.2012 passed by the Family Court, Gulbarga in Crl.Misc.No.74/2011, whereby the Family Court awarded maintenance of `1,500/- p.m. to each petitioners under the provisions of Section 125 of the Code of Criminal Procedure

2. Petitioners are none other than the children of the respondent. They filed petition before the Family Court, Gulbarga, claiming maintenance under Section 125 of Cr.P.C at the rate of Rs.5,000/- each per month on the ground that after the death of their mother, they are staying with their maternal uncle. The respondent neglected and refused to maintain them, after he married one Nagamma after the death of their mother and that he got two children through his second wife. Admittedly, the respondent is working as Senior Physical Teacher in Government Shahabazar High School, Gulbarga and his gross salary per month is Rs.17,500/-. After deductions, he is getting net salary of Rs.6,448/- per month. As per Ex.D1 produced by the respondent, the deductions are Rs.2,000/- towards GPF and Rs.3,100/- towards KGID respectively. In addition to the monthly income from the salary, he is also having 2 acres of land.

3. Considering the income and the contentions of both parties, the Family Court awarded maintenance at the rate of Rs.1,500/- per month to each petitioners. Aggrieved by the aforesaid order passed by the Family Court, the petitioners filed this revision petition, seeking enhancement of maintenance at the rate of Rs.5000/- each per month.

4. Learned counsel for the petitioners submits that the first petitioner is studying in PUC and the second petitioner is studying in 8th standard. The maternal uncle of the petitioners, with whom the petitioners are staying is paying school fees to the petitioners and that the amount of maintenance awarded by the Family Court at the rate of Rs.1,500/- to each petitioners is not sufficient for payment of school fee and maintenance of the petitioners. Therefore, the amount of maintenance awarded by the Family Court is liable to be enhanced at the rate of Rs.5,000/- each per month.

5. Per contra, learned counsel for the respondent submits that after respondent contracted second marriage, he got two children through second wife and he has to maintain his aged mother also. As per Ex.D1-Salaray Certificate, the petitioner is paying Rs.2,000/- towards GPF and Rs.3,100/- towards KGID respectively and it is from out of the gross salary of Rs.17,500/-.

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6. When the respondent has to maintain two children born through his first wife who is no more and having two children through second wife and mother, he can reduce the payment of GPF and KGID and he bound to maintain the petitioners and he has to look after their welfare by meeting their education expenses also besides providing some amount towards the maintenance. Considering the income of the respondent and the above circumstances, this Court feels, an amount of Rs.2,250/- is just and reasonable for the maintenance of petitioners.

7. The petition is accordingly allowed. The maintenance amount of Rs.1,500/- each awarded by the Family Court is hereby enhanced to Rs.2,250/- each per month to the petitioners. The respondent is directed to pay the enhanced maintenance from the date of filing of this petition i.e., from 16.04.2013.

The petitioners are at liberty to file applications after some years, seeking enhancement, considering the income of the respondent after revision of pay scales.

SD/- JUDGE

LG