Landmark Maintenance Judgment: Karnataka High Court Modifies Family Court Order

Landmark Maintenance Judgment Karnataka High Court Modifies Family Court Order

In a significant ruling by the Karnataka High Court, Justice Hanchate Sanjeevkumar modified an earlier Family Court decision, RPFC No. 4 of 2017, related to maintenance. The case involved Sri. A. Shanthappa, a drawing teacher residing in Mysore, and Smt. Prema Mary, residing in Tumkur District.

Disputed Maintenance Claims: RPFC No.4/2017

The judgment began by addressing RPFC No.4/2017, filed by Shanthappa, challenging the Family Court’s decision to grant Rs.4,000 per month as maintenance to his wife, Prema Mary. The court considered their relationship, years lived together, and the grounds for separation, which included desertion.

Enhanced Maintenance Granted: RPFC No.61/2014

The second part of the judgment, RPFC No.61/2014, saw Prema Mary seeking an enhancement in maintenance. The court acknowledged the difficulties she faced in maintaining herself with the awarded amount of Rs.4,000 per month in Mysuru City. Considering the husband’s retirement and involvement in running an Educational Trust, the court granted an additional Rs.8,000 per month in maintenance, emphasizing the rising cost of living in the city.

Court’s Verdict and Future Considerations

The court dismissed Shanthappa’s petition in RPFC No.4/2017, affirming the Family Court’s decision. Simultaneously, RPFC No.61/2014 was allowed in part, modifying the Family Court’s order and granting enhanced maintenance. The judgment also addressed costs, directing the husband to pay litigation costs to the petitioner.

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