- 1 - HC-KAR NC: 2025:KHC:34576 RPFC No. 65 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI REV.PET FAMILY COURT NO. 65 OF 2021 BETWEEN: MOHAMMED AFSAR S/O ALI ABDUL, AGED ABOUT 33 YEARS R/O NO.3225/57, 3RD CROSS ANEGUNDI ROAD, II IDHA MANDI MOHALLA MYSURU - 570 021 …PETITIONER (BY SRI. K.R.LINGARAJU, ADVOCATE) AND: 1. AMREENA KOUSAR W/O MOHAMMED AFSAR AGED ABOUT 28 YEARS 2. MOHAMMED AZAR W/O MOHAMMED AFSAR AGED ABOUT 7 YEARS 3. MOHAMMED AHAN S/O MOHAMMED AFSAR AGED ABOUT 5 YEARS RESPONDENT 2 & 3 ARE MINORS REP. BY THEIR MOTHER AS A NATURAL GUARDIAN AMREENA KOUSAR ALL ARE R/O NO.1981 15TH CROSS, LASHKAR MOHALLA MYSURU - 570 001 …RESPONDENTS (BY SRI.RAMAKRISHNA HEGDE, ADVOCATE) Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:34576 RPFC No. 65 of 2021 THIS RPFC FILED UNDER SECTION 19(4) OF FAMILY COURT ACT, AGAINST THE ORDER DATED 19.08.2019 PASSED IN C.MIS.NO.626/2018 ON THE FILE OF THE II ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT MYSURU, PARTLY ALLOWING THE PETITION FILED UNDER SECTION 125 OF Cr.P.C FOR MAINTENANCE. THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER Aggrieved by the order passed in C.Misc.No.626/2018 dated 19.08.2019 by the II Addl. Prl. Judge, Family Court, Mysuru, whereby the family court had passed an order granting maintenance of Rs.10,000/- to the wife and Rs.5,000/- each to both the children, the husband is before this court. 2. Both the parties are referred to as husband and wife for the sake of convenience. 3. Learned counsel appearing for the husband submits the No notice is served on him and he was placed exparte. He is a coolie and without any material on record, the family court had granted maintenance of an amount of Rs.20,000/- and the petitioner is not in a position to pay the said amount. - 3 - HC-KAR NC: 2025:KHC:34576 RPFC No. 65 of 2021 4. When the matter came up on the last occasion, it is stated that no notice is served on him. Then this court has called for the entire record. As per the record, the summons were served on the petitioner. Hence the submission that summons were not served is without any basis. 5. Learned counsel appearing for the respondent/wife submits that he is having sufficient income and assets and the court had rightly granted Rs.20,000/- and the wife is not able to maintain herself and the two children without maintenance and hence there are no grounds to interfere with the order. 6. Having heard the learned counsels on either side, perused the entire material on record. Though the family court granted the maintenance of Rs.20,000/- i.e., Rs.10,000/- to the wife and Rs.5,000/- each to the children, there is no evidence on record to show what is the income of the husband. In fact this court was inclined to dismiss the petition as though notices were served on the petitioner, he has failed to appear before the court and came before this court with this RPFC, which is filed in the year 2021 questioning the order which is passed on 19.08.2019. - 4 - HC-KAR NC: 2025:KHC:34576 RPFC No. 65 of 2021 7. Considering all these aspects and balancing the interest of both the parties, this court deems it appropriate to pass the following: ORDER i. The order passed in C.Misc.No.626/2018 dated 19.08.2019 by the II Addl. Prl. Judge, Family Court, Mysuru is modified and this court is granting maintenance of Rs.5,000/- to the wife and Rs.5,000/- each for two children. ii. Accordingly, the RPFC is partly allowed. iii. All pending I.As., in the petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE TS List No.: 2 Sl No.: 3