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2025 DAILYLAW 4163 (KAR)

SRI VASUDEV R K v. SMT RESHMA W/O SRI VASUDEV

RPFC/100040/2024 · 2025-02-13

E S Indiresh

body2025

Judgment text

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- 1 - NC: 2025:KHC-D:2940 RPFC No. 100040 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. 100040 OF 2024 (-) BETWEEN: SRI. VASUDEV S/O. SRI. RAMACHANDRA KAMMAR, AGE. 51 YEARS, RESIDING AT MANDAGATTA, SHIVAMOGGA, TALUK AND DISTRICT-577211. …PETITIONER (BY SRI. B.C. JNANAYYA SWAMI, ADVOCATE) AND: 1. SMT. RESHMA W/O. SRI. VASUDEV KAMMAR, AGED ABOUT 47 YEARS, RESIDING AT NAGENDRANAMATTI, 1ST CROSS, HAVERI-581110. 2. KUMARI SHIVINI D/O. SRI. VASUDEV KAMMAR, AGED ABOUT 7 YEARS, MINOR HENCE REPRESENTED THROUGH HER MOTHER AND NATURAL GUARDIAN SMT. RESHMA W/O SRI. VASUDEV KAMMAR, AGE. 47 YEARS, RESIDING AT NAGENDRANAMATTI 1ST CROSS, HAVERI-581110. …RESPONDENTS THIS RPFC IS FILED UNDER SECTION 19(4) OF THE FAMILY COURT ACT, 1984 PRAYING TO CALL FOR THE RECORDS OF THE TRAIL COURT AND TO SET ASIDE THE ORDER DATED 08.06.2022 PASSED BY THE PRINCIPAL JUDGE, FAMILY COURT, HAVERI, IN CRIMINAL MISC. NO. 45/2021 REMAND THE CRIMINAL MISC. NO.45/2021 TO THE PRINCIPAL JUDGE, FAMILY COURT, HAVERI FOR FRESH TRAIL. V N BADIGER Digitally signed by V N BADIGER Location: High Court of Karnataka, Dharwad Bench Date: 2025.02.17 11:49:50 +0530 - 2 - NC: 2025:KHC-D:2940 RPFC No. 100040 of 2024 THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING: CORAM: THE HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER There is no representation on behalf of the petitioner. 2. This revision petition is filed by the respondent challenging the order dated 08.06.2022 in Crl.Misc.No.45/2021 passed by the Principal Judge, Family Court, Haveri (for short “the Family Court”). 3. There is a delay of 542 days in filing the petition and therefore, the petitioner herein has filed I.A.No. 1/2024 for condonation of delay. In the backdrop of the maintenance awarded by the Family Court to the respondent herein, I have carefully examined the reasons stated by the petitioner herein in the affidavit accompanying the application seeking condonation of delay. It is stated by the petitioner herein that he has been placed ex parte before the Family Court and thereafter applied to get certified copies of the order. 4. However, a perusal of the impugned order passed by the Family Court would indicate that the notice issued by the - 3 - NC: 2025:KHC-D:2940 RPFC No. 100040 of 2024 Family Court was received by the petitioner herein. In that view of the matter, the reasons assigned by the petitioner herein for condonation of delay cannot be accepted and contrary to records. Accordingly, I.A.No.1/2024 is dismissed. Consequently, the petition also stands dismissed. 5. 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.: 2