IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 18^TH DAY OF JUNE, 2021

BEFORE

THE HON’BLE MR. JUSTICE N.K.SUDHINDRARAO

RPFC No.1/2017

BETWEEN:

SRI.S.ESHWARAPPA,

S/O LATE SHIVANNA,

AGED ABOUT 57 YEARS,

OCC:HINDI TEACHER,

HIGH SCHOOL SECTION,

GANESHA COMPOSITE JUNIOR COLLEGE,

TUMKUR TALUK AND DISTRICT – 572 105.

R/AT YELLAPURA, TUMKUR TALUK,

TUMKUR DISTRICT – 572 106.

...PETITIONER

(BY SRI. V.B. SIDDARAMAIAH, ADVOCATE)

AND:

KUMARI E.RACHANA,

D/O ESHWARAPPA,

AGED ABOUT 23 YEARS,

R/AT ABBIGER VILLAGE,

C/O LATE C.SADASHIVAIAH,

RETIRED TEACHER,

CHIKKABANAVAR(P),

BANGALORE – 560 090.

...RESPONDENT

(BY SRI. H.S. SATISH KUMAR, ADVOCATE)

2

THIS RPFC IS FILED UNDER SECTION 19(4) OF THE

FAMILY COURTS ACT, AGAINST THE ORDER DATED

22.01.2016 PASSED IN C.MISC.NO.646/2006 ON THE FILE

OF

THE

IV

ADDL.

PRL.JUDGE,

FAMILY

COURT,

BENGALURU, ALLOWING THE PETITION FILED UNDER

SECTION 125 OF CR.P.C FOR MAINTENANCE.

THIS RPFC COMING ON FOR ADMISSION THIS DAY

THROUGH VIDEO CONFERENCING THE COURT MADE THE

FOLLOWING:

ORDER

The matter is listed for admission, with the

consent of learned counsel, it is taken up for final

disposal.

Petition is presented against the order passed in

C.Mis.No.646/2006 dated 22.01.2016.

2. Revision petitioner is the father of revision

respondent Kum.E.Rachana.

3. The brief narration of the case is that revision

petitioner married Bhuvaneswari on 25.05.1993 at

Kempegowda Kalyanamantapa, Jalahalli, Bangalore as

3

per Hindu customs. Through the wedlock revision

respondent was born on 19.06.1994. After the birth of

the child revision petitioner neglected the child and

her mother. The mother of child had to take up LIC

agency to look after the welfare of herself and her

child and she was earning Rs.3,000/- per month by

way of commission out of LIC agency. Bhuvaneswari

died on 21.09.2002. Revision respondent was under

the care and custody of her grand father and revision

petitioner not visited the house of in-laws to enquire

her welfare and requirements. Revision respondent

presented claim petition for maintenance before the

Family court.

4.

Revision petitioner herein entered appearance

before the Family Court and filed his objections

denying the claim.

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5.

Learned Judge, Family court was accommodated

with oral and documentary evidence as under:

PW-1 –Sri.C.Sadashivaiah

RW-1- Sri.S.Eshwarappa

Ex.P-1 – C.C. of the orders in G & WC No.2/2006

Ex.P-2 and P-3- School Fee Receipts

Ex.R-1 & R-2 – Discharge letters issued by SSES

Employees Society, Tumkur.

Ex.R-3 to R-9 – Karnataka Bank Pass Book,

Receipts issued by J.K.Memorial

Central School, Korategere

Ex.R-10 – Copy of objections filed in G & WC

No.2/2006

Ex.R-11 – Copy of Deposition of petitioner in

G & WC No.2/2006

Ex.R-12 – Copy of Gift Deed

6. Revision respondent before court below had sought

for maintenance on the ground that the revision

petitioner herein was working as a teacher on a salary

of Rs.12,000/- per month and as the revision

5

respondent

was

unmarried

she

sought

for

maintenance and being the father he is liable to

maintain the daughter till she gets married.

7.

Family court passed order in C.Misc.No.646/2006

as under:

ORDER

“The petition filed under Section 125 of the

Criminal Procedure Code by the petitioner is

hereby allowed.

The respondent is directed to pay monthly

maintenance of Rs.5,000/- (Rupees Five

Thousand Only) to the petitioner from the

date of petition till her marriage or gets

employment.”

8.

The present petition is filed for cancelling the

maintenance on the ground revision respondent is

gainfully employed.

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9.

Learned

counsel

Sri.V.B.Siddaramaiah

for

revision

petitioner

would

submit

that

revision

respondent is working in Accenture Branch, Bengaluru