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Shri Y C Mayur vs Smt Preethi S on 29 June, 2018

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 29th DAY OF JUNE, 2018

BEFORE

THE HON’ BLE MR.JUSTICE R DEVDAS

RPFC No.20 OF 2014

BETWEEN:

SHRI Y.C.MAYUR,
S/O CHANDRASHEKHARAPPA,
AGED ABOUT 44 YEARS,
OCCUPATION:PROFESSOR IN
V.L.COLLEGE OF PHARMACY,
R/O MANIK PRABHU LAYOUT,
RAICHUR – 584 103. … PETITIONER

(BY SRI ANAND.V, ADV.)

AND

SMT. PREETHI.S,
W/O SHRI Y.C.MAYUR,
D/O SHIVAYOGAPPA.M
AGED ABOUT 40 YEARS,
R/AT NO.111, 11TH MAIN,
16TH CROSS, PADMANABHANAGAR,
BANASHANKARI 2ND STAGE,
BANGALORE – 560 070. … RESPONDENT

(BY SRI M.K.GIRISH, ADV.)

THIS RPFC IS FILED UNDER SEC.19(4) OF THE FAMILY
COURTS ACT, AGAINST THE JUDGMENT DATED 3.1.2014
PASSED IN CRL. MISC. NO.8/2009 ON THE FILE OF THE I
ADDL. PRL. JUDGE, FAMILY COURT, BENGALURU, PARTLY
ALLOWING THE PETITION FILED UNDER SECTION 125(1)(A)
OF CR.P.C.
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THIS RPFC COMING ON FOR FINAL HEARING THIS
DAY, THE COURT MADE THE FOLLOWING:

ORDER

This revision petition is filed under Section

19(4) of the Family Courts Act, by the

petitioner/husband challenging the impugned

judgment passed in Crl. Misc. No.08/2009 which was

filed by the respondent/wife seeking monthly

maintenance of Rs.20,000/- under Section 125(1)(a)

of Cr.P.C.

2. The marriage between the parties is

admitted and a daughter is born out of the wed lock

between the parties. The daughter is aged about 16

years now. The petitioner husband was working as a

professor and Head of the Department of Chemistry

in Dr.Bhanuben Nanavati College of Pharmacy and

as per the salary certificate his gross salary was

Rs.94,000/- and net salary was Rs.89,588/-, which

the trial court has taken note while passing the

impugned judgment. It is an admitted fact that the
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daughter is staying with the petitioner/husband from

the past eight years.

3. Learned counsel for the petitioner Sri

V.Anand, submits that the respondent is a qualified

Dentist and as per her own statement in the petition

filed under Section 25 of the Guardian and Wards Act

in G WC No.6/2008, though she was treated at

Andrew’s Rehabilitation Centre, which is a Centre for

Psychiatric Rehabilitation for Women, she has

submitted that her health condition is normal and

she could earn as a Dentist. It is in the light of this

statement, learned counsel submits that the

quantum of maintenance awarded is excessive and

therefore pleads that the award be reduced from

Rs.15,000/- deducting the amount of Rs.8,630/-,

which is the amount spent on treatment and medical

expenses and the basis for award of maintenance by

the trial court.

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4. Per contra, learned counsel for the

respondent/wife submits that the statement made by

the respondent/wife in the year 2009 is not relevant

at this stage. He submits that the health condition of

the respondent/wife has further deteriorated owing to

the mental agony that she has suffered for the past

many years and more so because of the separation of

the daughter from the mother. He further submits

that the petitioner/husband is in fact earning

Rs.2,00,000/-, since he is a Dean of the Department

of Chemistry at a prestigious college in Mumbai. He

further submits that the respondent is forced to live

with her parents who are aged and she has become a

burden on the aged parents, he therefore contends

that the maintenance awarded by the trial court is

totally justified and in fact if given an opportunity, he

could prove that the petitioner is earning close to

Rs.2,00,000/- and therefore he can seek further

enhancement of the maintenance.

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5. Though the petitioner has raised several

other grounds in the petition, the learned counsel

has restricted his arguments to seek reduction of the

maintenance on the ground that the petitioner has

been taking care of the daughter from the past eight

years and he also has to take care of his parents, who

are staying at their native place.

6. Having given its anxious consideration to

the arguments of the learned counsels and on going

through the pleadings, evidence on record and on

perusing the impugned judgment, this Court does not

find any justification to reduce the maintenance

awarded by the trial court. The submission of the

learned counsel for the petitioner that on her own

showing, she is of stable health and that she could

very well earn since she is a qualified Dentist does

not impress this Court. The respondent has stated

that though she was a qualified Dentist, she gave up

her practice to take care of the husband and the

daughter and thereafter she has undergone severe
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mental health condition which has not only spoiled

her health but has left her disabled to continue her

profession. It is also an admitted fact that she is not

practicing as a Dentist as of now and she is not

earning anything.

7. For the foregoing reasons, this Court is of

the opinion that this petition is bereft of any

substantial ground to upset the impugned judgment

passed by the trial court. Accordingly, petition

stands dismissed.

8. In view of the disposal of the main matter,

I.A.No.1/2014 for stay does not survive for

consideration and it is accordingly dismissed.

SD/-

JUDGE
KLY/

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