IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO.4134 OF 2015 BETWEEN:
SMT. NINGAMMA W/O.KUBENDRA NAIKA, AGED ABOUT 50 YEARS, HOUSEHOLD WORK, RESIDENT OF 3RD CROSS, NEHARU NAGARA, HOLALKERE ROAD, CHITRADURGA TOWN-577501. (BY SRI: SRINIVAS N, ADVOCATE) ... PETITIONER AND SRI. C. KUBENDRA NAIKA S/O.LATE. CHANDRA NAIK, AGED ABOUT 55 YEARS, OCCUPATION:LECTURER, RESIDENT OF MADAKARI EDUCATION SOCIETY, MAHARAJA COLLEGE, IN FRONT OF FORT, CHITRADURGA-577501.
... RESPONDENT (BY SRI: N R NAIK, ADVOCATE ) THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO SET ASIDE THE ORDER DATED 03.02.2015 PASSED BY THE HON'BLE ADDL. DIST. AND S.J., CHITRADURGA, IN CRL.RP.NO.34/2014 AND SET ASIDE THE ORDER DATED 08.03.2015 PASSED BY I ADDL. J.M.F.C., CHITRADURGA, IN CRL.MISC.NO.111/2012 AND ENHANCE THE MONTHLY MAINTENANCE OF RS.35,000/- AS PRAYED FOR.
THIS CRL.P COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R Petitioner filed an application under Section 125 Cr.P.C. seeking maintenance at the rate of Rs.35,000/- per month from the respondent before the trial court. The petitioner as well as respondent let in their oral and documentary evidence. Considering the fact that the respondent herein was drawing gross salary of Rs.87,800/- during the month of December 2011 as Assistant Professor, the trial court determined the maintenance payable to the petitioner at Rs.10,000/-. The respondent herein challenged the said order before the Revisional Court. Petitioner also sought for enhancement of maintenance. By a common order dated 03.02.2015, the learned Sessions Judge dismissed both the petitions.
2. Feeling aggrieved by the said order, the wife is before this Court seeking enhancement of maintenance. Learned counsel for the petitioner/wife submits that the respondent is now retired and his pension is fixed at Rs.39,600/- per month and therefore, there is a case for enhancement of maintenance.
3. On going through the impugned order, it is noticed that the revisional Court has observed that out of monthly salary drawn by the respondent husband, a sum of Rs.13,000/- is being deducted towards repayment of the loan availed by the respondent. It is not clear as to whether the entire loan is discharged or any part of the loan liability is still outstanding. Under the said circumstances, for want of necessary evidence in this regard, it is not proper to interfere with the findings recorded by the courts below. Hence, reserving liberty to the petitioner to seek enhancement of maintenance under Section 127 Cr.P.C, the petition is dismissed.
*mn/-
Sd/- JUDGE