IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF DECEMBER, 2019 BEFORE THE HON' BLE MR.JUSTICE R DEVDAS CRIMINAL PETITION NO.1148 OF 2016 BETWEEN 1 . M VINUTHA @ HEMALATHA W/O H. MAHESH, AGED ABOUT 30 YEARS, 2 . RAKSHA D/O H. MAHESHA, AGED ABOUT 7 YEARS, PETITIONER NO.2 SINCE MINOR REPRESENTED BY PETITIONER NO.1 AS NATURAL GUARDIAN BOTH ARE R/AT 1ST CROSS, SANTHEMARALLI CIRCLE, CHAMARAJANAGARA TOWN, PIN- 571313.
(BY SRI MANJUNATH N D AND SRI MANJUNATH PRASAD V ADVOCATES) AND H MAHESH S/O M. L. HUCHAIAH, AGED ABOUT 38 YEASR, P.C.NO.331, KOLLEGALA POLICE STATION, KOLLEGALA, ...PETITIONERS PRESENTLY WORKING AS POLICE CONSTABLE NO.331 BEGURU POLICE STATION, GUNDLUPETE TALUK, CHAMARAJANAGARA DISTRICT, PIN- 571313.
NATIVE PLACE:
MAHESHA S/O HUCHAIAH (KATIGOWDA), R/AT HOSURU VILLAGE, GUNDLUPETE TALUK, CHAMARAJANAGARA DISTRICT, PIN – 571313.
…RESPONDENT (BY SRI VEERABHADRASWAMY H P, ADVOCATE) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF THE CR.P.C. PRAYING TO MODIFY THE ORDER OF MAINTENANCE PASSED BY THE PRL. DIST. AND S.J., CHAMARAJANAGAR IN CRL.RP.NO.49/2014 DATED 09.10.2015 AND ORDER DATED 04.04.2014 PASSED BY THE ADDL. CIVIL JUDGE AND JMFC, CHAMARAJANAGAR IN CRL.MISC.NO.216/2012 BY DIRECTING THE RESPONDENT TO PAY RS.25,000/- P.M TO THE PETITIONERS.
THIS PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER R.DEVDAS J., (ORAL):
Though the matter is coming up for admission, with the consent of learned counsels on both sides, the matter is taken up for final disposal.
2. In this criminal petition filed under Section 482 of Cr.P.C, the petitioners are seeking modification of the order of maintenance dated 09.10.2015 passed by the Principal District and Sessions Judge, Chamarajanagara, in Crl.R.P.No.49/2014 and order dated 04.04.2014, passed by the Addl. Civil Judge and JMFC, Chamarajanagara in Crl.Misc.No.216/2012.
3. Learned counsel for the petitioners would submit that the respondent is a police constable presently working at Chamarajanagara Town Police Station. The learned counsel for the petitioners has produced a copy of the Salary Certificate of the respondent which is dated 12.11.2019. With reference to the said Salary Certificate it is submitted that as on the date Gross salary of the respondent is Rs.40,067/- and after deductions of Rs.20,286/-, the respondent is drawing Net salary of Rs.18,781/-. Learned counsel for the petitioners submits that even according to the Salary Certificate, the respondent is paying a sum of Rs.2,500/- towards KGID premium and Rs.8000/- towards GPF premium. It is further pointed out that a sum of Rs.4,080/- is being deducted towards KGID loan and a sum of Rs.4,157/- towards GPF loan. Learned counsel further submits that the respondent has purposefully secured the loans on the security of the KGID and GPF, which were already standing in the name of the respondent. Learned counsel submits that the order was passed by the Principal District and Sessions Judge in the month of October 2015, when the Gross salary of the respondent was Rs.24,165/-. In the light of the above, it is prayed that the order of maintenance passed by the Principal District and Sessions Judge be modified and enhanced, keeping in view the present salary drawn by the respondent.
4. Per contra, learned counsel for the respondent would submit that in addition to the maintenance amount that was granted by the Court, the respondent is also paying school fees of the daughter-petitioner No.2. In this regard, the learned counsel for the respondent has produced a copy of the challan paid towards school fees in the month of August, 2019. The learned counsel submits that as a dutiful father, the respondent has been paying the school fees even though there was no such directions issued by the Court. Learned counsel submits that he has also produced a copy of bank receipt to show that the respondent has been depositing a sum of Rs.4,500/- in the account of petitioner No.1. One of such deposit receipt is dated 04.09.2019. Learned counsel further submits that the respondent has to take care of his father who is suffering on account of paralysis.
5. Having heard the learned counsel for the petitioners, learned counsel for the respondent and perusing the petition papers, this Court is of the considered opinion that the prayer made by the petitioners is required to be considered in the light of the subsequent development and enhancement of the take home salary of the respondent. Admittedly, when the order was passed by the Principal District and Sessions Judge, Chamarajanagara, in October, 2015, the gross salary of the respondent is Rs.24,165/-. Whereas, the latest gross salary as per November, 2019 is Rs.40,067/- and after deductions, net salary of the respondent is Rs.18,781/-, while it was Rs.13,179/- when the impugned orders were passed. Therefore, while taking all these aspects into consideration, this Court is of the considered opinion that the maintenance amount payable by the respondent to the petitioners is required to be enhanced and is accordingly, enhanced.
The respondent shall pay maintenance of Rs.3,000/- per month to petitioner No.1 and Rs.3,000/- per month to petitioner No.2. Petitioner No.2 is entitled for maintenance till the date of her marriage.
The enhanced maintenance amount shall be payable from the month of January, 2020. The respondent shall also continue to pay the school fee of petitioner No.2.
Therefore, order dated 09.10.2015 passed by the Principal District and Sessions Judge, Chamarajanagara, in Crl.R.P.No.49/2014 and order dated 04.04.2014 passed by the Addl. Civil Judge and JMFC, Chamarajanagara, in Crl.Misc.No.216/2012, are hereby modified to that extent.
With these observations, the criminal petition is disposed of.
It is ordered accordingly.
SD/- JUDGE DL