- 1 - NC: 2025:KHC-D:4544 RPFC No. 100175 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 10TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH REV.PET FAMILY COURT NO. 100175 OF 2024 (-) BETWEEN: 1. SMT. REKHA W/O. DATTATREYA BHAT, AGE: 31 YEARS, OCC: HOUSEHOLD WORK, R/O. BISALAKOPPA, TQ: SIRSI, DIST: UTTARA KANNADA, NOW RESIDING AT SHIVAJI NAGAR, 2ND CROSS, HAVERI, TQ: HAVERI, DIST: HAVERI-581110. 2. KUMARI SWATI D/O. DATTATREYA BHAT, AGE: 07 YEARS, OCC: STUDENT, R/O. BISALAKOPPA, TQ: SIRSI, DIST: UTTARA KANNADA, NOW RESIDING AT SHIVAJI NAGAR, 2ND CROSS, HAVERI, TQ: HAVERI, DIST: HAVERI-581110. 3. KUMAR MANVIK S/O. DATTATREYA BHAT, AGE: 05 YEARS, OCC: STUDENT, R/O. BISALAKOPPA, TQ: SIRSI, DIST: UTTARA KANNADA, NOW RESIDING AT SHIVAJI NAGAR, 2ND CROSS, HAVERI, TQ: HAVERI, DIST: HAVERI-581110. (PETITIONER NO.2 AND 3 ARE BEING MINORS R/BY HER MINOR GUARDIAN NATURAL MOTHER PETITIONER NO.1) …PETITIONERS (BY SRI. NAVEEN CHATRAD, ADVOCATE) AND: SRI. DATTATREYA S/O. SHIVARAM BHAT, AGE: 38 YEARS, OCC: AGRICULTURE & PRIVATE WORK, R/O. BISALAKOPPA, TQ: SIRSI, DIST: UTTARA KANNADA-581401. …RESPONDENT (RESPONDENT SERVED AND UNREPRESENTED) MOHANKUMAR B SHELAR Digitally signed by MOHANKUMAR B SHELAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - NC: 2025:KHC-D:4544 RPFC No. 100175 of 2024 THIS RPFC IS FILED UNDER SECTION 19(4) OF THE FAMILY COURT ACT PRAYING TO ALLOW THIS PETITION AND AWARD THE MAINTENANCE AMOUNT FOR PETITIONERS AS PRAYED IN THE CLAIM PETITION BY SET ASIDING THE ORDER DATED 11.09.2024 PASSED BY THE PRINCIPAL JUDGE, FAMILY COURT HAVERI IN CRIM.MISC.76/2023 IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION COMING ON FOR ADMISSION THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER This petition is filed by the petitioners in Crl.Misc.No.76/2023 challenging the order dated 11.09.2024 passed by the Principal Judge, Family Court, Haveri (for short “the Family Court”). 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 petitioners that the marriage between the petitioner No.1-wife and the respondent-husband was solemnized on 26.12.2012 and in their wedlock, two children were born i.e., petitioner No.2 and 3. It is the allegation of the petitioners that the respondent has completely neglected the petitioner No.1-wife at the time of leading marital - 3 - NC: 2025:KHC-D:4544 RPFC No. 100175 of 2024 life and also not provided basic needs to the petitioners. It is also alleged that the respondent was assaulting petitioner No.1- wife and abusing her with filthy language and was demanding dowry and as such, the petitioner No.1-wife left the matrimonial home along with her two children and started residing with her parents. Hence, the petitioners filed Crl.Misc.No.76/2023 seeking maintenance from the respondent. 3.1. After service of notice, the respondent entered appearance and filed detailed statement of objection contending that the petitioner No.1-wife has left the matrimonial home without any cause. It is also stated that the petitioner No.1-wife prior to her marriage with the respondent- husband was divorcee from her former husband by extracting money and accordingly, sought for dismissal of the petition. 3.2. The Family Court, after considering the material on record, by its order dated 11.09.2024 dismissed the petition and feeling aggrieved by the same, the petitioner-wife has presented this petition. - 4 - NC: 2025:KHC-D:4544 RPFC No. 100175 of 2024 4. I have heard Sri.Naveen Chatrad, learned counsel appearing for the petitioners. The respondent though served remained absent. 5. It is contended by the learned counsel appearing for the petitioners that the reasons assigned by the Family Court requires to be interfered with as the respondent herein has neglected the petitioners willfully and has not given basic necessities to the petitioners and accordingly, sought for interference of this Court. 6. In the light of the submission made by the learned counsel appearing for the petitioners, I have carefully examined the finding recorded by the Family Court. Taking into consideration the reasons assigned by the Family Court at paragraph 20, I am of the view that the Family Court has committed an error in dismissing the petition without considering the scope and ambit of Section 125 of Cr.P.C., as laid down by the Hon’ble Supreme Court in the case of Rajnesh v. Neha and another1 and in the case of Bhuwan 1 (2021) 2 SCC 324 - 5 - NC: 2025:KHC-D:4544 RPFC No. 100175 of 2024 Mohan Singh vs Meena & Others2. It is alleged by the petitioners that the petitioner No.1-wife has left the matrimonial home having not tolerated the inhuman acts meted out by her from the respondent-husband. The Family Court has ignored the said aspect of the matter and has erred in dismissing the claim petition. It is also forthcoming from the finding recorded by the Family Court that the petitioner No.1- wife has left the matrimonial home along with two children aged about 6 years and 4 years and further under the circumstances narrated in the petition, the petitioner No.1 has take care of the needs of her children. I find force in the submissions made by the learned counsel appearing for the petitioners. The petition deserves to be allowed. Accordingly, I pass the following: ORDER i. The revision petition is allowed. ii. The order dated 11.09.2024 in Crl.Misc.No.76/2023 passed by the Principal Judge, Family Court, Haveri is hereby set aside and the matter is 2 (2015) 6 SCC 353 - 6 - NC: 2025:KHC-D:4544 RPFC No. 100175 of 2024 remanded to the Family Court for fresh consideration in the light of the judgment of this Court as well as the Hon’ble Supreme Court and taking into consideration the scope and ambit of Section 125 of Cr.P.C. iii. It is also made clear that after appearance of the parties, the Family Court is directed to dispose of the petition within a period of eight months from the date of appearance of the parties. iv. 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-MCK List No.: 2 Sl No.: 14