- 1 - NC: 2025:KHC-D:2376 RPFC No. 100032 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 6TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH REV.PET FAMILY COURT NO. 100032 OF 2023 (-) BETWEEN: 1. SMT. VAISHNAVI ALIAS GOURAVVA W/O. MAHESH PATEL, AGED ABOUT 29 YEARS, OCC. HOUSEHOOLD WORK, R/O. YARESHEEMI ONI, HAVERI, TQ AND DIST. HAVERI. 2. OM S/O MAHESH PATEL AGED ABOUT 3 YEARS, 3. VRUSHABHA S/O MAHESH PATEL AGED ABOUT 1 YEARS, SINCE THE PETITIONERS NO 2 AND 3 ARE MINORS THEY ARE REPRESENTED BY THEIR MINOR GUARDIAN SMT. VAISHNAVI ALIAS GOURAVVA W/O. MAHESH PATEL, AGED ABOUT 29 YEARS, OCC. HOUSEHOLD WORK, R/O. YARESHEEMI ONI, HAVERI, TQ AND DIST. HAVERI. …PETITIONERS (BY SRI. G. I. GACHCHINAMATH AND SRI. I. G. GACHCHINAMATH, ADVOCATES) V N BADIGER Digitally signed by V N BADIGER Location: High Court of Karnataka, Dharwad Bench Date: 2025.02.11 16:17:11 +0530 - 2 - NC: 2025:KHC-D:2376 RPFC No. 100032 of 2023 AND: MAHESH S/O. NAGARAJ PATEL, AGED ABOUT 34 YEARS, OCC. BUSINESS, R/O. DOOR NO - 136, 3RD MAIN ROAD, D-BLOCK AMARAVATI COLONY HARIHAR, TQ: HARIHAR DIST: DAVANAGERE - 577601. …RESPONDENT (BY SRI. AVINASH BANAKAR, ADVOCATE) ------- THIS RPFC IS FILED UNDER SECTION 19(4) OF THE FAMILY COURTS ACT, PRAYING TO MODIFY THE ORDER DATED 19-10-2022 MADE IN CRIMINAL MISCELLANEOUS NO.38/2021 PASSED BY THE PRINCIPAL JUDGE, FAMILY COURT, HAVERI AND FURTHER GRANT THE MAINTENANCE AS CLAIMED BY THE PETITIONER IN CRL MISC NO.38/2021. THIS PETITION COMING ON FOR FINAL HEARING THIS DAY, THE COURT MADE THE FOLLOWING: CORAM: THE HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER This petition is filed by the petitioners, challenging the order dated 19.10.2022 in Criminal Miscellaneous No.38/2021 on the file of Family Court, Haveri (for short, hereinafter referred to as ‘Family Court’). - 3 - NC: 2025:KHC-D:2376 RPFC No. 100032 of 2023 2. For the sake of convenience, the parties are referred to as per their rankings before the Family Court. 3. It is the case of the petitioners that, the marriage between the petitioner No.1 and the respondent was solemnized on 06.02.2017 at Harihara, and in their wedlock two children were born namely petitioner Nos.2 and 3. It is the case of the petitioners that, the respondent was not taking care of the needs of the petitioners and was ill-treating the petitioner No.1-wife for her prolonged ill-health and as such, it is stated in the petition that the respondent has pressurized the petitioner No.1 for abortion for second child resulting in filing of complaint against the husband before Haveri Women Police Station in Crime No.10/2020 and also it is stated that the respondent husband has filed MC No.304/2020 seeking dissolution of marriage. Hence, the petitioners have left the matrimonial home consequently, filed Criminal Miscellaneous No.38/2021. 4. Respondent entered appearance and filed detailed statement of objection and took up a contention that he was working at Tamil Nadu at the time of marriage and the petitioner No.1 was pressurizing the respondent to shifted to - 4 - NC: 2025:KHC-D:2376 RPFC No. 100032 of 2023 Bengaluru. It is also the case of the respondent that, the petitioner No.1 is MCA graduate and was working as Guest Lecturer in a college of Haveri and therefore, the respondent sought for dismissal of the petition. 5. The Family Court after considering the material on record by its order dated 19.10.2022, rejected the claim petition insofar as petitioner No.1 is concerned, however, awarded monthly maintenance of Rs.3,000/- each to the petitioner Nos.2 and 3. Feeling aggrieved by the same, the petitioners have presented this petition. 6. I have heard Sri. G.I. Gachchinamath, learned counsel appearing for the petitioners and Sri. Avinash Banakar, learned counsel for the respondent. 7. Sri. G.I. Gachchinamath, learned counsel appearing for the petitioners contended that the findings recorded by the Family Court disallowing maintenance to the petitioner No.1 is incorrect and the petitioner No.1 has no means for livelihood and she is not working and therefore, sought for interference of this Court. It is also the submission of the learned counsel for the petitioners that, award of monthly maintenance of - 5 - NC: 2025:KHC-D:2376 RPFC No. 100032 of 2023 Rs.3,000/- to the petitioner Nos.2 and 3 each is on the lower side and it requires to be enhanced. 8. Per contra, Sri. Avinash Banakar, learned counsel appearing for the respondent submitted that the petitioners have left the matrimonial home without any cause and the petitioner No.1 is capable of earning on account of her educational qualification and therefore, sought for dismissal of the petition. 9. In the light of the submissions made by learned counsel appearing for the parties, it is not in dispute that the marriage between the petitioner No.1 and the respondent was solemnized on 06.02.2017 and in their wedlock two children were born (petitioner Nos.2 and 3) . On careful examination of the findings recorded by the Family Court with regard to pendency of MC No.304/2020 and Crime No.10/2020 lodged by the petitioner No.1 against the respondent, makes it clear that the parties are residing separately. 10. Taking into consideration the fact that, the reasons assigned by the Family Court that the petitioner No.1 is capable of earning and disallowing maintenance is incorrect in view of the declaration of law made by the Hon’ble Supreme Court in - 6 - NC: 2025:KHC-D:2376 RPFC No. 100032 of 2023 the case of Shailja and Another Vs. Khobbanna1. It is also to be noted that the scope of Section 125 of CPC is to provide social justice to protect women and children to prevent vagrancy. In that view of the matter, I am of the view that it is a fit case to remand the matter to the Family Court for fresh consideration in the light of observations made above so also to assess proper maintenance to be provided to the petitioner Nos.2 and 3. 11. In the result, I pass the following: ORDER (i) Petition is allowed. (ii) Order dated 19.10.2022 in Criminal Miscellaneous No.38/2021 on the file of Family Court at Haveri, is hereby set aside and the matter is remanded to the Family Court for fresh consideration after affording opportunity to both the sides including, adduce evidence in the matter, if any. 1 AIR 2017 SC 1174 - 7 - NC: 2025:KHC-D:2376 RPFC No. 100032 of 2023 (iii) It is also made clear that the award of monthly maintenance of Rs.3,000/- as awarded by the Family Court to the petitioner Nos.2 and 3 shall continue till the conclusion of proceedings in Criminal Miscellaneous No.38/2021. (iv) Since, the parties are represented through their counsels and in order to avoid further delay in the matter, parties are directed to appear before the Family Court on 05.03.2025 at 11.00 a.m. (v) Pending applications, if any, are hereby dismissed. (vi) Registry is directed to return the Family Court records immediately. Sd/- (E.S.INDIRESH) JUDGE SMM / CT:ANB / List No.: 1 Sl No.: 30