- 1 - NC: 2025:KHC-K:1812 RPFC No. 200124 of 2024 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 21ST DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE REV.PET FAMILY COURT NO. 200124 OF 2024 BETWEEN: SRI. ALLAMMA PRABHU GURIKAR S/O AMARESH AGED 34 YEARS, OCC: SENIOR SOFTWARE ENGINEER R/O: NO.25, BASAVESHWARA NILAYA 2ND CROSS, ANJANEYASWAMY LAYOUT, THOTADA GUDDADHALLI, NAGASANDRA POST BENGALURU – 560 073. …PETITIONER (BY SRI P.S.MALIPATIL, ADVOCATE) AND: 1. SMT. P.SOUMYA W/O ALLAMA PRABHU GURIKAR AGED ABOUT 25 YEARS, OCC: HOUSEHOLD, R/O: H.NO.1-11-37/88/1, LINGASUGUR ROAD, BASAVESHWARA COLONY, RAICHUR – 584 101. 2. AKARSH GURIKAR S/O ALLAMA PRABHU GURIKAR AGED ABOUT 2 YEARS (MINOR) REPT. BY NATURAL GUARDIAN OF HIS MOTHER P. SOUMYA I.E., PETITIONER NO.1 …RESPONDENTS (BY SRI SHIVANAND PATIL, R1 (R2 IS MINOR U/G OF R1) Digitally signed by BASALINGAPPA SHIVARAJ DHUTTARGAON Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:1812 RPFC No. 200124 of 2024 THIS REVISION PETITION FAMILY COURT IS FILED UNDER SECTION 19(4) OF THE FAMILY COURTS ACT, PRAYING TO ALLOW THE PETITION AND SET ASIDE THE ORDER DATED 12-08-2024 PASSED BY THE PRL. JUDGE, FAMILY COURT, RAICHUR IN CRL. MISC NO.171/2024 AND REMAND THE PETITION FOR FRESH DISPOSAL AFTER GIVING OPPORTUNITY TO THE PETITIONER TO FILE OBJECTIONS AND DOCUMENTS AND THEREAFTER, PASS APPROPRIATE ORDERS IN ACCORDANCE WITH LAW, IN THE INTEREST OF JUSTICE AND EQUITY. THIS REVISION PETITION FAMILY COURT, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE ORAL ORDER (PER: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE) Heard the learned counsel appearing for the petitioner as well as the learned counsel appearing for the respondents. 2. In terms of the impugned order, the Family Court has awarded maintenance of Rs.15,000/- per month to 1st petitioner and Rs.10,000/- to 2nd petitioner. 1st petitioner is the wife and 2nd petitioner is the minor son. The relationship is not in dispute. 3. Learned counsel for the petitioner submits that the respondents could not appear before the Family Court at Raichur in the proceedings in Crl.Misc. No.171/2024, where his - 3 - NC: 2025:KHC-K:1812 RPFC No. 200124 of 2024 wife and son sought maintenance without there being any materials to support the claim. The Family Court awarded maintenance of Rs.15,000/- per month to the wife and Rs.10,000/- per month to the son. He would submit that his salary was Rs.74,000/- per month and there is a loan outstanding which he is required to repay it and he makes the submission that the matter may be remitted to the Family Court at Raichur to enable the respondents to contest the matter on merit. 4. Learned counsel appearing for the respondents on the other hand would contend that despite due service of notice, the petitioner has not appeared before the Family Court and proper reasons are not assigned and since he himself has admitted that his salary is Rs.74,000/- per month, as there is no justification to remand the matter. 5. Learned counsel for the respondents would also submit that this Court has granted an interim order directing the petitioner to pay Rs.10,000/- to respondent No.1 and Rs.5,000/- to respondent No.2 as an interim maintenance during the pendency of this petition. - 4 - NC: 2025:KHC-K:1812 RPFC No. 200124 of 2024 6. This Court has considered the contentions raised at the bar and perused the records. 7. Admittedly, the petitioners before the Family Court made a claim for Rs.30,000/- in all, wherein, petitioner No.1 claimed Rs.20,000/- and petitioner No.2 claimed Rs.10,000/- per month. For want of materials, the Family Court has awarded Rs.15,000/- per month in favour of petitioner No.1 and Rs.10,000/- per month in favour of petitioner No.2. 8. In case the matter is remitted to the Family Court to adjudicate the claim on merits, the Family Court will be in a better position to assess the exact amount of maintenance payable to the petitioner. 9. This Court is of the view that, by way of interim measure petitioner shall pay Rs.10,000/- per month to the wife and Rs.5,000/- per month to the son and thereafter, the Family Court shall afford an opportunity to both parties to lead evidence to substantiate their claim and thereafter, pass appropriate orders. 10. It is made clear that nothing is expressed on the merits of the matter and interim order granted by this Court - 5 - NC: 2025:KHC-K:1812 RPFC No. 200124 of 2024 should not construed as the finding either against the petitioner or the respondent before the Trial Court. This is only a tentative arrangement, till appropriate orders are passed. 11. Hence the following: ORDER i) The writ petition is allowed in part; ii) The impugned order is set aside; iii) The matter is remitted to the Trial Court. iv) The petitioner shall continue to pay Rs.10,000/- per month to petitioner No.1 and Rs.5,000/- to petitioner No.2 by crediting amount to the bank account of petitioner No.1 which is furnished by the petitioner No.1 before the Family Court. v) The amount and deposit before this Court shall be transferred to petitioner No.1 vi) The party shall appear before the Family Court on 21.04.2025. Sd/- (ANANT RAMANATH HEGDE) JUDGE THM/List No.: 1 Sl No.: 42