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2019 Supreme(Kar) 1790

IN THE HIGH COURT OF KARNATAKA AT DHARWAD BENCH
S.N. Satyanarayana, P.G.M. Patil, JJ.
Sadashivananda S/o Kashappa Dandin- Appellant
Versus
Kumari. Padmini, D/o Sadashivanand Dandin - Respondent
M.F.A.No.100200 of 2017 (FC)
Decided On : 12-09-2019

Advocates:
Advocate Appeared:
For the Appellant : Sri. S.G. Kadadakatti, Adv.
For the Respondent: Sri. J.S. Shetty, Adv.

Headnote:

Hindu Adoption and Maintenance Act,1956 - Section 20 - Code of Civil Procedure, 1908 - Order VII Rule 1 and Order XLI Rule 27 - Protection of Women from Domestic Violence Act, 2005 - Sections 18 to 20, 22 and 23 - Hindu Marriage Act, 1955 - Section 9 - Maintenance and Expenses - Marriage Expenses - Education Expenses - Whether plaintiff proves that she is legitimate daughter of defendant - Whether plaintiff further proves that she is unable to maintain herself - Whether plaintiff is entitled to relief of maintenance as sought for - Whether her marriage is finalized or otherwise and what is quantum of money that is required for her marriage expenses - Whether Court below was justified in granting maintenance of Rs.10,000/-p.m. to a person who is a qualified Engineer having avocation and income of her own - Whether Court below was justified in quantifying marriage expenses of plaintiff/respondent herein to tune of Rs.15 lakhs payable to her – Held, As defendant in said suit who is appellant, he has not entered into witness box and adduced evidence, except subjecting plaintiff for cross-examination - While passing final order, Court below would decree suit partly in granting maintenance to plaintiff to tune of Rs.10,000/- p.m till her marriage and to pay marriage expenses of Rs.15 lakhs to plaintiff - It is clearly seen that appellant herein has responsibility of not only performing marriage of plaintiff but also marriage of another daughter Pooja - In fact situation, it would be reasonable for this Court to consider a sum of Rs.5,00,000/-towards marriage expenses of plaintiff - While doing so, this Court would observe that in respect of there being no suit or prayer by Pooja, other daughter, same amount of money should also be earmarked for her marriage - This Court while doing so, would further observe that observation made in this appeal would not absolve liability of father to maintain another unmarried daughter Pooja, until she gets married and also mother of these two daughters, who is wife of appellant herein, which they can pursue in matter which is pending consideration - It is also made clear that appellant herein is not bound to pay maintenance to respondent who is plaintiff in Court below, since she is already gainfully employed - However, her marriage expenses is required to be paid as and when her marriage is fixed and that said expenses shall be to maximum extent of Rs.5 lakhs only - Similar is situation with reference to marriage of Pooja - Though, she has not appeared before this Court, this Court is bound to observe that she is also entitled to such relief - It is needless to say, if Pooja is not gainfully employed, herself and her mother have right to pursue their claim against appellant herein for maintenance - Appeal disposed of.

JUDGMENT :

S.N. SATYANARAYANA, J.

The defendant in O.S.No.12/2014 on the file of the Principal Judge, Family Court, Gadag, has come up in this appeal, impugning the judgment and decree dated 09.11.2016 passed therein.

2. Admittedly, the said suit in O.S.No.12/2014 was filed under Section 20 of the Hindu Adoption and Maintenance Act, along with invoking the provisions of Order VII Rule 1 of the Code of Civil Procedure.

3. The prayer of the plaintiff who is respondent herein is that her father/defendant in the said suit be directed to pay maintenance and expenses to the plaintiff; that he should go on paying the maintenance till the marriage of the plaintiff and further he should be directed to meet the marriage expenses of the plaintiff, in the event the marriage of the plaintiff is fixed and make arrangement for smooth education career of the plaintiff. In the said suit, the only defendant is the appellant herein who is none other than the father of plaintiff wherein he filed his written statement denying all the allegations except the relationship between himself and the plaintiff and also that the plaintiff has completed engineering in Electronics and Communication in the year 2013 itself and secured admission for PG Course in Shridevi Institute of Engineering and Technology, Tumkur, and he would state that she has already completed first and second semester by the time he would file the written statement. However, other allegations are denied by him. He would further state that he has already paid a sum of Rs.1,65,000/-to the plaintiff for her education expenses and would deny the plaint averments regarding Rs.1,58,160/- is already utilized out of Rs.1,65,000/-paid by him and so also her demand for purchase of latest laptop and other gadgets for educational purpose. He would also deny the need of plaintiff to a sum of Rs.15,000/-p.m. which she has calculated at Rs.1,80,000/-per year. In the said written statement, he would also state that she is already earning a sum of Rs.45,000/-to Rs.50,000/-per month which she has suppressed from the Court. With this pleadings, the Court below framed the following issues:

    (i) Whether plaintiff proves that she is legitimate daughter of defendant?

(ii) Whether the plaintiff further proves that she is unable to maintain herself?

(iii) Whether the plaintiff is entitled to the relief of maintenance as sought for?

(iv) What order or decree?

4. Thereafter, the matter went into trial where the plaintiff adduced evidence as PW-1 which is nothing but reiteration of plaint averments. In the cross-examination, she would state that besides herself, her parents have other children; namely Keerthinath, Pooja, Sukanya and Mahantesh. According to the plaintiff, Sukanya is already married and Pooja has studied upto II PUC and thereafter she has given up her education and she is due for marriage. However, in the entire evidence, the plaintiff has not stated whether her marriage is finalized or otherwise and what is the quantum of money that is required for her marriage expenses. So far as the defendant in the said suit who is the appellant herein is concerned, he has not entered into the witness box and adduced evidence, except subjecting the plaintiff for cross-examination. Issue No.1 which is with reference to whether plaintiff is legitimate daughter of defendant, is answered in the affirmative; issue No.2 as to whether the plaintiff is unable to maintain herself, is answered in the affirmative and issue No.3 with reference to the prayer whether the plaintiff is entitled to the relief of maintenance as sought for, is answered partly in the affirmative. While passing the final order, the Court below would decree the suit partly in granting maintenance to the plaintiff to the tune of Rs.10,000/- p.m. till her marriage and to pay marriage expenses of Rs.15 lakhs to the plaintiff. It is this order of the Court below which is under challenge in this proceedings, on the ground that the suit was disposed of in haste,

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