- 1 - HC-KAR NC: 2025:KHC:41614 RPFC No. 183 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI REV.PET FAMILY COURT NO. 183 OF 2025 BETWEEN: PRASHANTH K P S/O PRAKASH K.S., AGED ABOUT 47 YEARS, R/AT LIG 39, 1ST FLOOR, 3RD STAGE, 3RD MAIN, KHB COLONY, BEHIND PRAMATHI SCHOOL, KUVEMPUNAGAR, MYSORE …PETITIONER (BY SRI. MOHAN B.K., ADVOCATE) AND: 1. SMITHA T N W/O PRASHANTH K.P. D/O T.M. NATARAJU AGED ABOUT 36 YEARS, Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:41614 RPFC No. 183 of 2025 2. DHAVNEETH P S/O PRASHANTH K.P. AGED ABOUT 6 YEARS SINCE MINOR, BEING REPRESENTED BY NATURAL GUARDIAN MOTHER I.E. 1ST PETITIONER BOTH ARE R/AT 60, KALPATHARU, 3RD CROSS, 2ND STAGE, GOKULAM VIVEKANANDA ROAD, VIJAYANAGAR TUMAKURU 572104 …RESPONDENTS (BY SRI. MALLIKARJUN B RYAKHA., ADVOCATE FOR R1; R2 IS MINOR REPRESENTED BY R1) THIS RPFC IS FILED UNDER SEC.19(4) OF THE FAMILY COURTS ACT., AGAINST THE ORDER DATED 25.02.2025 PASSED IN CRL. MISC NO.274/2024 ON THE FILE OF I ADDITIONAL PRL. JUDGE, FAMILY COURT, TUMAKURU., PARTLY ALLOWING THE PETITION FILED UNDER SEC.144 OF B.N.S.S., 2023 FOR MAINTENANCE. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI - 3 - HC-KAR NC: 2025:KHC:41614 RPFC No. 183 of 2025 ORAL ORDER Aggrieved by the order passed in Crl.Misc.No.274/2024 dated 25.02.2025 by the I Additional Principal Judge, Family Court, Tumakuru whereby the Family Court had granted maintenance of an amount of Rs.20,000/- to the wife and an amount of Rs.6,000/- to the minor son and an amount of Rs.1,00,000/- towards the educational expenses of the minor son, the husband is before this Court. 2. Learned counsel appearing for the petitioner/father submits that initially he had entered appearance and as his mother was not well he could not appear and within a period of two months the entire proceedings were completed and the Family Court had granted maintenance. It is submitted that he had lost the job and till now he is not in a position to pay the maintenance. As he had not contested the matter he could not bring all these facts to the notice of the Family Court. 3. Learned Counsel appearing for the respondent/mother submits that he has not been terminated from service. In fact, he only left the job. It is submitted that he is not taking care of - 4 - HC-KAR NC: 2025:KHC:41614 RPFC No. 183 of 2025 the educational expenses of the child and it is difficult for the wife to take care of the child and his educational expenses. 4. Having heard learned counsels on either side, perused the material on record. There is no dispute about the fact that inspite of service of notice, the petitioner/father had not contested the matter. It is also undisputed fact that within a period of two months from the date of appearance the proceedings were concluded. The husband had filed an affidavit before this Court that he had lost the job in 2024. In these circumstances, this Court deems it appropriate to provide an opportunity to the petitioner/father by setting aside the order passed by the Family Court and remanding the matter back to the Family Court for fresh consideration. Accordingly, this Court proceeds to pass the following: ORDER i. The order passed in Crl.Misc.No.274/2024 dated 25.02.2025 by the I Additional Principal Judge, Family Court, Tumakuru is set aside and the matter is remanded back to the Family Court. - 5 - HC-KAR NC: 2025:KHC:41614 RPFC No. 183 of 2025 ii. Pending disposal of the petition before the Family Court, the husband shall continue to pay an amount of Rs.10,000/- by 5th of every month and also arrears at Rs.10,000/- shall pay the arrears in three installments within a period of twelve weeks from the date of receipt of copy of this order. iii. The petitioner shall pay an amount of Rs.50,000/- towards educational expenses of the child. iv. Both the parties without further notice shall appear before the Family Court on 04.11.2025 and on the said date, they shall file their respective statement of Assets and Liabilities. v. This RPFC is disposed of. vi. All pending I.As shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE RJ List No.: 3 Sl No.: 5