Facts
Sharada and her minor daughter sought enhanced maintenance from Basavaraj, Sharada’s husband and the daughter’s father.
Source reference: no citationSharada alleged that Basavaraj had subjected her to harassment and driven her from the matrimonial home; she also alleged that he had contracted a second marriage.
Source reference: para. 5–7In earlier proceedings under the Protection of Women from Domestic Violence Act, 2005, Sharada had been awarded maintenance of ₹3,000 per month.
Source reference: para. 5–7The petitioners later sought ₹25,000 per month for Sharada and ₹20,000 per month for their daughter.
Source reference: para. 8–10Basavaraj did not appear before the Family Court, which dismissed their petition on 30 January 2025.
Source reference: para. 8–10In the revision petition, Basavaraj disputed the second-marriage allegation but stated that he was willing to continue paying Sharada ₹3,000 per month and to maintain his daughter until she attained majority.
Source reference: para. 14–18Issues
Whether the Family Court’s dismissal of the petitioners’ maintenance claim should be set aside
Source reference: para. 10, 13, 19–22Whether the petitioners were entitled to maintenance, and, if so, in what amount
Source reference: para. 19–22Law Applied
The proceeding arose from a maintenance claim under Section 125 of the Code of Criminal Procedure, as identified in the petition’s prayer; the High Court was exercising revisional jurisdiction under Section 19(4) of the Family Courts Act, 1984.
Source reference: no citationThe order does not cite or elaborate on any precedent or a specific statutory test for determining the amount of maintenance.
Source reference: no citationIt proceeds on the parties’ undisputed relationship and the respondent’s obligation to maintain his wife and daughter, and treats the daughter’s age and requirements as relevant considerations.
Source reference: para. 19–21Reasoning
The High Court found it undisputed that Sharada was Basavaraj’s legally wedded wife and that the second petitioner was their daughter.
Source reference: para. 19It also noted Basavaraj’s stated willingness to pay maintenance to both petitioners.
Source reference: para. 20, 17–18Having regard to their relationship, the daughter’s age and requirements, and Basavaraj’s maintenance obligation, the Court concluded that both petitioners should receive maintenance.
Source reference: para. 20–21The order does not set out a detailed assessment of the parties’ incomes or explain how the particular monthly amount was calculated.
Source reference: no citationHolding
The High Court allowed the revision petition and set aside the Family Court’s order dismissing the maintenance petition.
It directed Basavaraj to pay ₹3,000 per month to Sharada and ₹3,000 per month to their daughter, totalling ₹6,000 per month, from the date the petition in Crl.Misc. No. 97/2024 was filed; payment is to be made regularly each month.
Source reference: p. 8–9Acts & Sections Cited
2 provisions across 2 statutes referred to in this judgment. Each provision opens on LawLens.
Family Courts Act, 19841
Code of Criminal Procedure, 19731
Original Court PDF
SMT SHARADA W/O BASAVARAJ WADDAR ALIYAS HEBBALvsSRI BASAVARAJ S/O HEMAPPA WADDAR ALIYAS HEBBAL
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