Dakshayini M. B. W/o M. Siddaiah v. M. Siddaiah S/o Mylarappa
2017-02-08
S.SUJATHA
body2017
DigiLaw.ai
ORDER : 1. This petition is directed against the judgment and order dated 30.09.2014 passed by the Family Court, Davanagere in Crl. Misc. No. 493/2013. 2. Briefly stated, the facts are that the petitioners had filed a maintenance petition for enhancement of maintenance against the respondent. On service of notice, the respondent entered appearance and resisted the claim. After evaluation of the evidence on record, the Family Court was pleased to award the maintenance of Rs.4,000/- per month to the petitioner No. 1 and Rs.2,500/- per month to the petitioner No. 2. Aggrieved by the same, this petition is filed by the petitioners seeking enhancement of maintenance. 3. Heard the learned counsel appearing for the parties and perused the material on record. 4. Indisputably, the respondent is working as an attender in the office of the public prosecutor, Chitradurga. The salary certificate produced as per Ex.P3 discloses that the respondent is drawing gross salary of Rs.23,572/- per month and take home salary of Rs.22,178/-. Initially, the family Court awarded the maintenance amount of Rs.2500/- to the petitioner No. 1 and Rs.1500/- to the petitioner No. 2 based on the salary of Rs.14,000/- drawn by the respondent in Crl. Misc. No. 110/2011 at the relevant point of time. In view of the changed circumstances, i.e. the enhancement of salary of the respondent coupled with the cost of escalation, the petitioners approached the Family Court seeking for enhancement where by it was enhanced to Rs.4000/- per month to the petitioner No. 1 and Rs.2500/- per month to the petitioner No. 2. Considering the gross salary of Rs.23,572/- drawn by the respondent and the escalation of prices, this Court is of the considered opinion that it would be appropriate to enhance the maintenance amount awarded by the Family Court by Rs.1000/- to the petitioner No. 2. The maintenance amount awarded to the petitioner No. 1 is confirmed as the same being just and reasonable. 5. Thus, the petition is allowed in part. It is hereby ordered that the first petitioner is entitled for the monthly maintenance at Rs.4000/- per month as awarded by the Family Court and the second petitioner (daughter) is entitled for enhanced monthly maintenance at Rs.3500/- per month from the date of petition with medical expenses and educational expenses as per the Exhibits P1 and P2. 6. The petition stands disposed of in terms of the above.