- 1 - NC: 2025:KHC-D:2955 RPFC No. 100048 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 13TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH REV.PET FAMILY COURT NO. 100048 OF 2024 (-) BETWEEN: SRI. PRAKASH S/O. MAHADEVAPPA INGALAHALLI, AGE. 32 YEARS, OCC. PLANNING ASST. MANAGER, C/O. NAGARAJ RADDI, DOOR NO.394, 1ST CROSS, BEHIND BBMP, VIRAT NAGAR, BOMMANAHALLI, BENGALURU-560068. …PETITIONER (BY SRI. J. S. SHETTY, ADVOCATE) AND: SMT. SUNITA ALIAS RAJESHWARI W/O. PRAKASH INGALAHALLI, AGE. 26 YEARS, OCC. HOUSEHOLD WORK NOW RESIDING AT C/O. YALLAPPA D/O. MAILARAPPA BOONKOPPA, VIVEKANAND NAGAR, 4TH CROSS, BEHIND SCHOOL NO.16, GADAG, TQ.DIST. GADAG-582101. …RESPONDENT (BY SRI. SUBHASH J. BADDI AND SRI. S.V. SHANBAG, ADVOCATES) ------- THIS RPFC IS FILED UNDER SEC.19(4) OF THE FAMILY COURT ACT, 1984 PRAYS THAT THE ORDER DATED 04.01.2024 PASSED BY THE PRINCIPAL JUDGE, FAMILY COURT, GADAG IN CRIMINAL MISCELLANEOUS NO.59/2023, MAY KINDLY BE SET ASIDE, BY ALLOWING THIS REVISION PETITION WITH COST, THROUGHOUT, IN THE ENDS OF JUSTICE AND EQUITY. V N BADIGER Digitally signed by V N BADIGER Location: High Court of Karnataka, Dharwad Bench Date: 2025.02.17 11:50:03 +0530 - 2 - NC: 2025:KHC-D:2955 RPFC No. 100048 of 2024 THIS PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING: CORAM: THE HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER This petition is filed by the respondent-husband challenging the order dated 04.01.2024 in Crl.Misc.No.59/2023 passed by the Principal Judge, Family Court, Gadag (for short “the Family Court”) granting maintenance to the respondent herein. 2. For the sake of convenience, the parties are referred to as per their rank before the Family Court. 3. It is the case of the petitioner-wife before the Trial Court that the marriage of petitioner-wife with respondent-husband was solemnized on 28.06.2021 at Shiraguppi village of Hubballi Taluk. It is further stated that the petitioner-wife has joined the company of the respondent-husband for few months and thereafter the respondent-husband at the instigation of his family members abused the petitioner-wife and also assaulted her on several occasions. It is also stated in the petition that the respondent-husband was working as a planning Assistant - 3 - NC: 2025:KHC-D:2955 RPFC No. 100048 of 2024 Manager in Shahi Exports Private Limited Firm at Bengaluru and respondent-husband has neglected the petitioner-wife to take care and therefore, the petitioner-wife is residing with her parents and as such, seeking maintenance the petitioner-wife filed Crl.Misc.No.59/2023 before the Family Court. 3.1. After service of notice, the respondent-husband entered appearance before the Family Court and denied the allegations made against him. The Family Court, after considering the material on record, by its order dated 04.01.2024 awarded maintenance of ₹8,000/- per month to the petitioner-wife. Feeling aggrieved by the same, the respondent-husband has filed this revision petition. 4. I have heard Sri.J.S.Shetty, the learned counsel appearing for the petitioner herein. The learned counsel submits that the petitioner is working as a paramedical staff and same has been suppressed before the Family Court. It is also submitted by the learned counsel appearing for the petitioner herein that the salary of the petitioner herein is only ₹19,000/- per month and he is residing in a rental - 4 - NC: 2025:KHC-D:2955 RPFC No. 100048 of 2024 house at Bengaluru and he has to take care of his family members, and as such, the finding recorded by the Family Court requires to be interfered with by this Court in this petition. 5. Per contra, Sri.Subhash J Baddi, learned counsel appearing for the respondent herein invited the attention of this Court to paragraph 17 of the impugned order and submitted that as the parties are separated and even according to the petitioner herein, his salary is ₹25,061/- per month and therefore, he sought for dismissal of the petition. 6. In the light of the submissions made by the learned counsel for the parties and taking into consideration that MC No.130/2022 is filed for restitution of conjugal rights, it would indicate that the parties are residing separately. Taking into account the admission made by the petitioner herein that the salary of the petitioner herein is ₹25,061/- per month, and as such, the Family Court has awarded ₹8,000/- per month to the respondent herein. In that view of the matter, taking into account the status of the parties, since the respondent herein is residing at Gadag - 5 - NC: 2025:KHC-D:2955 RPFC No. 100048 of 2024 city, I am of the view that the award of maintenance by the Family Court is just and proper, which does not call for any interference by this Court in this petition. Accordingly, the petition stands dismissed. 7. In view of disposal of the petition, pending interlocutory applications, if any, do not survive for consideration and are disposed of accordingly. Sd/- (E.S.INDIRESH) JUDGE YAN CT:ANB List No.: 2 Sl No.: 6