K.B. DHARMARAJ Vs. D. AISHWARYA AND ORS.

JUDGEMENT

(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.