- 1 - NC: 2025:KHC-D:3166 RPFC No. 100037 of 2022 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 17TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH REV.PET FAMILY COURT NO. 100037 OF 2022 BETWEEN: GAJENDRA S/O RAMANAYAKA RATHOD AGE: 33 YEARS, OCC: AGRICULTURE, R/O. MARABBI TANDA, TAL. HAGARIBOMMANAHALLI, TAL. DIST. BELLARY. …PETITIONER (BY SRI RAMESH I. ZIRALI, ADVOCATE) AND: SMT. LALITHA W/O GEJENDRA RATHOD AGE: 31 YEARS, OCC: HOUSEHOLD, R/O. MARABBI TANDA, TAL. HAGARIBOMMANHALLI, TAL. DIST. BELLARY-583212. …RESPONDENT THIS RPFC IS FILED UNDER SEC.19(4) OF THE FAMILY COURT ACT, 1984, PRAYING TO SET ASIDE THE ORDER DATED 29.01.2021 PASSED IN CRL.MISC.NO.251/2020 ON THE FILE OF PRINCIPAL JUDGE, FAMILY COURT, KOPPAL. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING: Digitally signed by V N BADIGER Location: High Court of Karnataka, Dharwad Bench - 2 - NC: 2025:KHC-D:3166 RPFC No. 100037 of 2022 CORAM: THE HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER (PER: THE HON'BLE MR. JUSTICE E.S.INDIRESH) 1. This petition is filed by the respondent – husband challenging the order dated 29.01.2021 in Crl.Misc.No.251/2020 on the file of the Principal Judge, Family Court, Koppal1 allowing the petition in part. 2. For the sake of convenience, the parties are referred to as per their ranking before the Family Court. 3. It is the case of the petitioner that the petitioner is the legally wedded wife of the respondent and the petitioner was residing with the respondent to lead matrimonial life for some times and thereafter she was constrained to leave the matrimonial home on account of neglect by the respondent therein. It is also stated that she has been forced to get additional dowry from her parental house and therefore the petitioner has left the matrimonial home. 1 Hereinafter referred to as ‘Family Court’ - 3 - NC: 2025:KHC-D:3166 RPFC No. 100037 of 2022 4. After service of notice, the respondent appeared through his counsel but has not filed objections. 5. The Family Court after considering the material on record, by its order dated 29.01.2021 awarded maintenance of Rs.4,000/- per month to the petitioner and feeling aggrieved by the same, respondent – husband has preferred this petition. 6. Sri.Ramesh I Zirali, learned counsel appearing for the petitioner submitted that the Family Court has committed an error in awarding maintenance to the respondent herein and it is also stated that the maintenance awarded by the Family Court is wholly erroneous. 7. Having taken note of the submission made by the learned counsel appearing for the petitioner and also taking into consideration the fact that the petitioner has produced Exs.P.1 and P.2 seeking maintenance on the ground that she is suffering from health ailments and also - 4 - NC: 2025:KHC-D:3166 RPFC No. 100037 of 2022 as the petitioner herein has appeared before the Family Court, however, not contested the matter and in that view of the matter, taking into account the maintenance of Rs.4,000/- per month awarded by the Family Court, I do not find any merit in the petition. 8. Accordingly, the petition is dismissed. Sd/- (E.S.INDIRESH) JUDGE SH CT:GSM List No.: 2 Sl No.: 1