K. B. Dharmaraj Son of Late K. P. Basavarajappa v. D. Aishwarya
2019-05-31
SREENIVAS HARISH KUMAR
body2019
DigiLaw.ai
ORDER : 1. This is a petition filed by the respondent in C.Misc.No.429/2016. By order dated 13.04.2018 the learned Judge of the Family Court, Bengaluru, enhanced the maintenance amount from Rs.5,000/- to Rs.12,000/- to be paid to each of the respondents. Aggrieved by the impugned order, the petitioner is before this Court. 2. The respondents are the daughters of the petitioner. In an earlier proceedings filed for maintenance, the maintenance amount was fixed at Rs.5,000/- for each of the petitioners. They sought for enhancement of the maintenance amount to Rs.30,000/- . They stated that Rs.5,000/- paid to each of them was insufficient to meet their educational expenses. Their mother was unable to meet their day to day, educational and other expenses. Therefore, they sought for enhancement. The Family Court held an enquiry and came to the conclusion that in the changed circumstances, the respondents were entitled to claim enhancement of maintenance amount. The Family Court placed reliance on Exs.R.3 and R.7 to find out the actual income of the petitioner. Ex.R.3 is the statement of Canara Bank which indicates that there was credit of Rs.55,176/for the month of September 2017. According to the salary slip the take home salary was Rs.55,176/. Ex.R.7 is the salary slip for the month of December 2017. It showed that his take home salary was Rs.38,470/- . Therefore, the Family Court came to the conclusion that the petitioner raised loan after September 2017 and thus his take home salary got reduced. It is further held that petitioner raised loan after the respondents instituted a petition for enhancement of maintenance. Therefore, availment of loan by the petitioner was subsequent to filing of petition for enhancement. Under these set of circumstances, the Family Court came to the conclusion that it was a case for enhancing the maintenance from Rs.5,000/- to Rs.12,000/- to each of the respondents. 3. The learned counsel for the petitioner argues that the take home salary of the petitioner is actually Rs.8,000/- . The trial Court has given a wrong finding that the monthly salary for September is Rs.55,176/. He also submits that the mother of the respondents is getting monthly salary of Rs.8,000/- . Under these set of circumstances, enhancement was not according to the evidence on record. Therefore, the maintenance needs to be reduced to Rs.6,000/- per month. The respondents are staying in a house belonging to the petitioner. 4.
He also submits that the mother of the respondents is getting monthly salary of Rs.8,000/- . Under these set of circumstances, enhancement was not according to the evidence on record. Therefore, the maintenance needs to be reduced to Rs.6,000/- per month. The respondents are staying in a house belonging to the petitioner. 4. The learned counsel for the respondents argues that the Family Court came to the right conclusion taking into consideration the expenses actually required for their daily needs, food and shelter. Hence, there is no need to reduce the maintenance amount. 5. Having heard both the sides, it is stated that though the maintenance was awarded at Rs.5,000/- for each of the daughters of the petitioner, the change in circumstances, should not be ignored for enhancement of maintenance amount. It is not in dispute that the daughters of the petitioner are pursuing their education. There is change in the price index also. These are all the factors to be taken into consideration. If the take home salary in the month of September 2017 was Rs.55,176/and if he availed loan subsequently, it cannot be said that his take home salary is very meagre. Any loan that the petitioner made for his personal purpose cannot be considered to infer that his take home salary is meagre. Therefore, the Family Court has rightly held that the amount shown in Ex.R.7 can be considered. These circumstances very clearly show that the respondents made out a case for enhancement. Taking the over all circumstances of the case, I am of the opinion that enhancement could have been made from Rs.5,000/- to Rs.10,000/- instead of Rs.12,000/- . Therefore, the following: ORDER RPFC is partly allowed. The maintenance amount is enhanced from Rs.5,000/- to Rs.10,000/- to each of the respondents from the date of petition.