- 1 - NC: 2025:KHC-K:2317 RPFC No. 200035 of 2024 C/W RPFC No. 200021 of 2021 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 15TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE REV.PET FAMILY COURT NO.200035 OF 2024 C/W REV.PET FAMILY COURT NO.200021 OF 2021 IN R.P.F.C.NO.200035 OF 2024: BETWEEN: 1. SMT. DEEPA @ LAKSHMI W/O PRATAPSINGH HUNNUR, DEEPA @ LAKKSHMI D/O CHANDUSINGH RAJPUT, AGE: 31 YEARS, OCC: HOUSEHOLD WORK, R/O: NEAR ISHWAR TEMPLE, MURANKERI, VIJAYAPURA – 586 101. 2. GOPALSINGH S/O PRATAPSINGH HUNNUR, AGE: 8 YEARS, OCC: NIL, SINCE MINOR REPRESENTED BY HIS NATURAL MOTHER, M/G NEXT FRIEND PETITIONER NO.1, DEEPA @ LAKSHMI W/O PRATAPSINGH HUNNUR. …PETITIONERS (BY SRI BAPUGOUDA SIDDAPPA, ADVOCATE) Digitally signed by BASALINGAPPA SHIVARAJ DHUTTARGAON Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:2317 RPFC No. 200035 of 2024 C/W RPFC No. 200021 of 2021 AND: PRATAPSINGH S/O GOPAL SINGH HUNNUR, AGE: 46 YEARS, OCC: ELECTRICIAN, R/O: C/O: MEENAKSHI W/O DATTUSING RAJAPUT, NEAR GANESH TEMPLE, YOGAPUR COLONY, LEFT SIDE, R/O: YOGAPUR, SINDAGI ROAD, VIJAYAPURA – 586 101. …RESPONDENT (BY SRI S.S.MAMADAPUR, ADVOCATE) THIS REVISION PETITION FAMILY COURT IS FILED UNDER SECTION 19(4) OF THE FAMILY COURTS ACT, PRAYING TO MODIFY THE IMPUGNED JUDGMENT AND ORDER DATED 21.03.2019 PASSED IN CRIMINAL MISCELLANEOUS NO.598/2018 ON THE FILE OF THE COURT OF THE I ADDITIONAL PRINCIPAL JUDGE FAMILY COURT VIJAYAPURA AT VIJAYAPURA BY ALLOWING THE MAINTENANCE PETITION FILED BY THE PETITIONERS AND TO GRANTING THE MAINTENANCE AS CLAIMED BEFORE THE FAMILY COURT VIJAYAPURA AT VIJAYAPURA, IN THE INTEREST OF JUSTICE AND EQUITY. IN R.P.F.C.NO.200021 OF 2021 BETWEEN: SRI. PRATAPSINGH S/O GOPALSINGH HUNNUR, AGE: 43 YEARS, OCC: ELECTRICIAN, R/O: C/O: MINAKSHI W/O DATTUSING RAJAPUT, NEAR GANESH TEMPLE, YOGAPUR COLONY, LEFT SIDE, YOGAPUR, SINDAGI ROAD, VIJAYAPURA – 586 101. …PETITIONER (BY SRI S.S.MAMADAPUR, ADVOCATE) - 3 - NC: 2025:KHC-K:2317 RPFC No. 200035 of 2024 C/W RPFC No. 200021 of 2021 AND: 1. SMT. DEEPA @ LAKSHMI W/O PRATAPSINGH HUNNUR, DEEPA @ LAKKSHMI D/O CHANDUSINGH RAJPUT, AGE: 28 YEARS, OCC: HOUSEHOLD WORK, 2. KUMAR GOPALSINGH S/O PRATAPSINGH HUNNUR, AGE: 5 YEARS, OCC: NIL, SINCE MINOR REPRESENTED BY HIS NATURAL MOTHER, M/G NEXT FRIEND RESPONDENT NO.1, DEEPA @ LAKSHMI W/O PRATAPSINGH HUNNUR BOTHA ARE R/O: NEAR ISHWAR TEMPLE, MURANKERI, VIJAYAPURA – 586 101. …RESPONDENTS (BY SRI BAPUGOUDA SIDDAPPA, ADVOCATE FOR R1 R2 IS MINOR U/G FOR R1) THIS REVISION PETITION FAMILY COURT IS FILED UNDER SECTION 19(4) OF THE FAMILY COURTS ACT, PRAYING SET ASIDE THE JUDGMENT DATED 21.03.2019 PASSED BY THE LEARNED I ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, VIJAYAPURA IN CRL.MISC.598/2018, IN THE INTEREST OF JUSTICE AND EQUITY. THESE REVISION PETITIONS FAMILY COURT COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 4 - NC: 2025:KHC-K:2317 RPFC No. 200035 of 2024 C/W RPFC No. 200021 of 2021 CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE ORAL ORDER (PER: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE) Heard the learned counsel for the petitioners well as the learned counsel for the respondent in both the cases. 2. These petitions are filed impugned the order in Crl.Misc.No.598/2018 on the file of the I Additional Principal Judge, Family Court at Vijayapura (for short, ‘the Family Court’). The petition before the Family Court is filed by the wife and minor son of Gopalsingh Hunnur. Pratapsingh Hunnur is the respondent in the said petition before the Family Court. 3. As against order for payment of maintenance of Rs.3,000/- per month to petitioner No.1 and Rs.1,500/- per month to petitioner No.2, the petition in RPFC No.200035/2024 is filed by the wife and the minor seeking enhancement. 4. Aggrieved by the very same order, the Pratapsingh Hunnur has filed RPFC No.200021/2021. - 5 - NC: 2025:KHC-K:2317 RPFC No. 200035 of 2024 C/W RPFC No. 200021 of 2021 5. For the sake of convenience, wife and son are referred to as the petitioners and the husband is referred to as respondent. 6. The learned counsel for the petitioners would contend that the order for payment maintenance of Rs.3,000/- per month in favour of petitioner No.1 and Rs.1,500/- per month in favour of petitioner No.2 is inadequate given the fact that the respondent has sufficient income from his avocation as Electrician and the income from agricultural land. It is his further submission that, the income from the agricultural land is ignored by the Family Court. It is urged that order of payment of maintenance of Rs.1,500/- per month to the petitioner No.2 who is minor is too meager when the order is passed in the year 2019. It is also urged that the petitioners are incurring more expenses and as such there has to be enhanced maintenance. 7. As far as petitioner No.1 is concerned, it is urged that on account of higher cost of living, the petitioner No.1 is entitled for higher maintenance and Family Court erred in awarding Rs.3,000/- to petitioner No.1. - 6 - NC: 2025:KHC-K:2317 RPFC No. 200035 of 2024 C/W RPFC No. 200021 of 2021 8. Learned counsel for the respondent on the other hand contend that, petitioner No.1 had married some other person before marrying the respondent and same was suppressed by the petitioner No.1. She has admitted in cross- examination that her first marriage is still subsisting. It is further urged that the respondent does not have the income to pay maintenance to the petitioners and he would further submit that petitioner No.1 is not entitled to any maintenance given the fact that her marriage is void and she has suppressed her earlier marriage. Hence, he would urge that the maintenance awarded in favour of the petitioner No.1 has to be set aside. 9. This Court has considered the contentions raised at the Bar and perused the records. 10. The agricultural land in the name of respondent is not in dispute. The respondent is also working as an Electrician. The petitioner No.2 was aged 3 years when the petition was filed. Now he is aged 9 years. The cost of living has gone up since 2018, the year in which the petitioners sought maintenance. It is also noticed that the respondent is in - 7 - NC: 2025:KHC-K:2317 RPFC No. 200035 of 2024 C/W RPFC No. 200021 of 2021 arrears and he has not paid the maintenance ordered by the trial Court. 11. Under these circumstances, this Court is of the view that the petitioner No.2 is entitled for Rs.7,000/- p.m. towards maintenance and respondent shall pay the same from the date of the petition before this Court as there was delay in filing the petition before this court. However, this concession is subject to respondent paying arrears of maintenance ordered by the Family Court within three months from the date of this order. If the arrears of maintenance as ordered by the Family Court is not paid by the respondent then the respondent shall pay Rs.7,000/- per month to the petitioner No.2 from the date of petition before the Family Court. 12. So far as petitioner No.1 is concerned, it is admitted in the cross-examination that she was married before she married the respondent and her first marriage was subsisting and same has not been annulled by the competent Court. Under these circumstances, the petitioner No.1 is not entitled to maintenance as she has suppressed the factum of earlier marriage. - 8 - NC: 2025:KHC-K:2317 RPFC No. 200035 of 2024 C/W RPFC No. 200021 of 2021 13. Hence, the following: ORDER i) Both the petitions namely RPFC No.200035/2024 and RPFC No.200021/2021 are allowed in part. ii) The respondent-husband shall pay Rs.7,000/- per month towards maintenance to the petitioner No.2 from the date of petition before this Court i.e., on 18.04.2024. iii) RPFC No.200035/2024 filed by petitioner No.1 is hereby dismissed. iv) The maintenance already paid to petitioner No.1 shall not be recovered. v) In case the respondent does not pay arrears of maintenance payable to petitioner No.2 in terms of the impugned order within three months from today, the respondent shall pay maintenance at Rs.7,000/- p.m. from the date of original petition before the Family Court. vi) The amount shall be credited to the bank account of petitioner No.2 which shall be - 9 - NC: 2025:KHC-K:2317 RPFC No. 200035 of 2024 C/W RPFC No. 200021 of 2021 opened by appointing petitioner No.1 as guardian of petitioner No.2. vii) The petitioner No.1 shall furnish the details of the bank account to the respondent. Sd/- (ANANT RAMANATH HEGDE) JUDGE BL List No.: 1 Sl No.: 18