The court confirmed that maintenance should reflect the husband's financial capacity while adjusting for existing obligations, mandating that maintenance payments should commence from the petition date, excluding interim awards.

CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER RPFC No.200130/2024 is filed by the husband and RPFC No.200005/2025 is filed by the wife. In both the petitions, order impugned is dated 14.10.2024, passed in Criminal Miscellaneous No.214/2020, by the I Additional Principal Judge, Family Court, Vijayapur, whereunder wife has been awarded maintenance of Rs.25,000/- per month from the date of order.

2. Heard the learned counsel for the petitioner/husband and learned counsel for the respondent/wife.

HC-KAR

3. The relationship between the parties is not in dispute. The quantum of maintenance as ordered by the Family Court has been questioned by both the husband and wife in the present revision petitions. The husband has sought to set aside the order of maintenance as awarded by the Family Court. The wife has challenged the quantum of maintenance awarded stating that it is not an adequate maintenance considering the income of the husband. 4. Learned counsel for the husband contended that except salary, he has no other income and out of salary income, he has to pay Rs.25,000/- per month to the mother and Rs.25,000/- per month to the father as maintenance as per the order passed in Criminal Miscellaneous No.369/2022. He further submits that there is no evidence on record to prove that the husband is running a clinic and getting income. Two plots which he has purchased by availing the loan have been sold under two sale deeds as per Exs.R.7 and 8. He submits that the husband, being a Government medical practitioner, has to HC-KAR maintain his standard and status and considering the same, the maintenance awarded in a sum of Rs.25,000/- is on the higher side. Hence, he prays to allow the petition.

5. Learned counsel for the wife would contend that apart from the salary, the husband is running clinic and getting income and Exs.P.6 to 13 are photographs of the same. The husband in collusion with the parents, got passed an order on compromise petition, wherein maintenance has been ordered to be paid to the parents in a sum of Rs.25,000/- each only to see that the quantum of maintenance awarded in the case is on the lower side. The maintenance awarded by the Trial Court is not adequate to maintain the wife. The husband is leading luxurious life having a car. She further contends that the order of maintenance has been given effect from the date of order only for the reason that the interim maintenance of Rs.5,000/- has been awarded in a Criminal Miscellaneous No.529/2020. She further submits that whenever there is HC-KAR an order of maintenance, it should be from the date of petition and on that point, she placed reliance on the decision of the Hon’ble Apex Court in the case of Dr. Kulbhushan Kumar Vs. Smt. Raj Kumari and Another reported in (1970) 3 SCC 129. She has also placed reliance on the same judgment on the point that the maintenance awarded should be 25% of the income of the husband. She also placed reliance on the decision of the Hon’ble Apex Court in the case of Dr. Rajiv Verghese Vs. Rose Chakkrammankkil Francis reported in 2024 INSC 876 on the point that the wife has accustomed to a certain standard of living in her matrimonial home and is entitled to enjoy the same amenities of life as she would have been entitled to in her matrimonial home. With these, she submits that the maintenance awarded in a sum of Rs.25,000/- per month is not proper and correct and thus prays for enhancing the maintenance.

HC-KAR

6. Having heard the learned counsel for the parties, this Court perused the impugned order and Trial Court records.

7. The husband is working as a medical practitioner. Ex.P.15 is the pay slip of the husband for the month of May, 2023, wherein it is