- 1 - NC: 2025:KHC-D:2939 RPFC No. 100091 of 2023 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. 100091 OF 2023 (-) BETWEEN: PRASHANT S/O. ANANT HEGADE, AGE. 38 YEARS, OCC. BUSINESS, AND ARCHAKA, R/O. TARAGOD, NEAR GOVERNMENT KANNADA SCHOOL, SHIRASI, TQ. SIRSI, DIST. KARWAR - 581401. …PETITIONER (BY SRI. MALLIKARJUN B. MADANALLI, ADV. FOR SRI. NAGARAJ C. KOLLOORI, ADVOCATE) AND: 1. SMT. YALLAMMA ALIAS KAVITA W/O. PRASHANT HEGADE, AGE. 30 YEARS, OCC. HOUSEHOLD WORK, R/O. BEHIND SAIBABA TEMPLE, 2ND CROSS, SAI NAGAR, EXTN, GADAG, TQ & DIST. GADAG 582101. 2. JAYASHREE D/O. PRASHANT HEGADE, AGE. 10 YEARS, OCC. STUDENT, R/O. BEHIND SAIBABA TEMPLE, 2ND CROSS, SAI NAGAR, EXTN, GADAG, TQ & DIST. GADAG 582101. (THE RESPONDENT NO. 2 IS MINOR REPRESENTED BY HER NATURAL GUARDIAN MOTHER RESPONDENT NO. 1 SMT. YALLAMMA W/O PRASHANT HEGADE). …RESPONDENTS V N BADIGER Digitally signed by V N BADIGER Location: High Court of Karnataka, Dharwad Bench Date: 2025.02.17 11:50:14 +0530 - 2 - NC: 2025:KHC-D:2939 RPFC No. 100091 of 2023 THIS RPFC IS FILED UNDER SEC.19(4) OF THE FAMILY COURT ACT, 1984, PRAYING TO SET ASIDE THE ORDER DATED 27.12.2019 PASSED BY THE I ADDITIONAL PRINCIPAL FAMILY COURT, GADAG IN CRL. MISC. NO.154/2019 IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING: CORAM: THE HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER This petition is filed by the petitioner herein challenging the order dated 27.12.2019 in Crl.Misc.No.154/2019 on the file of the I-Additional Principal Family Court, Gadag (for short “the Family Court”) granting maintenance to the respondent herein. 2. For the sake of convenience, parties are referred to as per their rank before the Family Court. 3. Heard the learned counsel appearing for the parties. 4. On perusal of the finding recorded by the Family Court, it would indicate that the marriage between the petitioner No.1-wife and the respondent-husband was solemnised on 27.12.2019 and in their wedlock, petitioner No.2 was born. It is also forthcoming from the finding recorded by - 3 - NC: 2025:KHC-D:2939 RPFC No. 100091 of 2023 the Family Court that the petitioners were residing with the respondent-husband for some time and as the respondent- husband neglected the petitioner-wife, she left the matrimonial home. It is stated in the petition that the petitioner No.1-wife was subjected to mental and physical cruelty by the respondent-husband and his family members. Hence, the petitioners filed Crl.Misc.No.154/2019 before the Family Court seeking maintenance. 4.1. On service of notice the respondent-husband entered appearance and has filed detailed objection contending that the petitioner No.1-wife herself has left the matrimonial home without cause and accordingly sought for dismissal of the petition. 4.2. The Family Court, after considering the material on record, by its order dated 27.12.2019 awarded monthly maintenance of ₹2,000/- each to the petitioners 1 to 3 in Crl.Misc.No.154/2019. 5. Having taken note of the finding recorded by the Family Court that the petitioners are residing separately from the respondent-husband and in order to eke out their - 4 - NC: 2025:KHC-D:2939 RPFC No. 100091 of 2023 livelihood, the award of maintenance granted by the Family Court is just and proper and impugned order does not call for interference by this Court in this petition. Accordingly, the petition stands dismissed. 6. 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.: 1