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2025 DAILYLAW 43877 (KAR)

SIDDAPPA S/O GIRIYAPPA JADRAMKUNTI v. SMT SHOBHA W/O SIDDAPPA JADRAMKUNTI

RPFC/100153/2024 · 2025-03-04

E S Indiresh

body2025

Judgment text

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- 1 - NC: 2025:KHC-D:4204 RPFC No. 100153 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 4TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH REV.PET FAMILY COURT NO. 100153 OF 2024 (-) BETWEEN: SIDDAPPA S/O. GIRIYAPPA JADRAMKUNTI, AGE: 50 YEARS, OCC: RETIRED SOLDIER, R/O. HALLUR, TAL: BAGALKOT, NOW RESIDING AT C/O. NEAR MANJUNATH YALLAMMADEVI TEMPLE, BILLAPUR GRAM PANCHAYAT, SARJAPUR, BENGALURU GRAMANTAR-562125. …PETITIONER (BY SRI. B.P. MATHAPATI, ADVOCATE) AND: 1. SMT. SHOBHA W/O. SIDDAPPA JADRAMKUNTI, AGE: 46 YEARS, OCC: HOUSEHOLD WORK, 2. KUMAR SAMARTH S/O. SIDDAPPA JADRAMKUNTI, AGE: 13 YEARS, OCC: STUDENT, (APPAJI ENGLISH MEDIUM SCHOOL, NEERABUDIHAL) (SINCE MINOR REPRESENTED BY HIS MGM RESPONDENT NO.1) BOTH ARE R/O. HALLUR, TAL: BAGALKOT, NOW RESIDING AT JALAGERI, TQ: BADAMI, DIST: BAGALKOT-587101 …RESPONDENTS THIS RPFC IS FILED UNDER SEC.19(4) OF THE FAMILY COURT ACT 1984, PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 27.06.2024 PASSED IN CRL. MISC.NO.32/2022 ON THE FILE OF THE PRINCIPAL JUDGE, FAMILY COURT, BAGALKOT FILED BY THE RESPONDENTS 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 Digitally signed by MOHANKUMAR B SHELAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.03.07 16:18:43 +0530 - 2 - NC: 2025:KHC-D:4204 RPFC No. 100153 of 2024 ORAL ORDER This petition is filed by the respondent in Crl.Misc.No.32 of 2022 challenging the order dated 27.06.2024 on the file of Principal Judge, Family Court, Bagalkote, granting maintenance to the petitioners therein. 2. For the sake of convenience, the parties in this petition shall be referred to in terms of their status and ranking before the Family Court. 3. It is the case of the petitioners that, marriage of the petitioner No.1 with the respondent was solemnized on 03.07.2002 at Hallur Village and in their wedlock three children were born. It is the case of the petitioners that, the respondent was working in BSF and took retirement and residing at Bangalore. It is also stated that the petitioner No.1 filed Crl.Misc.No.381 of 2016 before the JMFC Court, Bagalkote, which came to be compromised. The respondent-husband has - 3 - NC: 2025:KHC-D:4204 RPFC No. 100153 of 2024 undertaken to take care of the petitioners and took them to Bangalore and made separate house for them, however, he was residing separately. Thereafter, the petitioner No.1 came to know that the respondent has married Shantavva and having three children through Smt.Shantavva and as such, the respondent has totally neglected the petitioners. As the respondent-husband was not taking care of needs of the wife and children, the petitioners have filed Crl.Misc.No.32 of 2002 seeking maintenance from the respondent-husband. 4. After service of notice, respondent entered appearance and admitted the relationship between the parties and denied other averments made in the claim petition. It is the case of the respondent that, the petitioner No.1 was adamant in character and kept ATM Card of the respondent with her and was misusing the same. It is also stated that, the petitioner No.1 is having illicit relationship with one Basavaraju Gulabala and accordingly, sought for dismissal of the claim petition. - 4 - NC: 2025:KHC-D:4204 RPFC No. 100153 of 2024 5. The Family Court, after considering the material on record by its order dated 27.06.2024 allowed the petition in part and awarded maintenance of Rs.10,000/- per month to the petitioner No.1 and Rs.5,000/- per month to the petitioner No.2. Feeling aggrieved by the same, respondent has filed the present petition. 6. I have heard Sri. B.P. Mathapati, learned counsel appearing for the petitioner. 7. Sri. B.P. Mathapati, learned counsel appearing for the petitioner contended that award of maintenance by the Family Court is contrary to material on record as the petitioner herein has to look after the expenses of his second wife and children and also residing at Bengaluru, so also he is facing health issues. Accordingly, he sought for interference of this Court. 8. In the light of the submission made by the learned counsel appearing for the petitioner, there is no - 5 - NC: 2025:KHC-D:4204 RPFC No. 100153 of 2024 dispute with regard to the relationship between the parties. The marriage of the petitioner with the respondent was solemnized on 03.07.2002 and in their wedlock three children were born. It is also forthcoming from the finding recorded by the Family Court that, the petitioner herein has contracted with another marriage and having three children in the second wedlock. It is also forthcoming from paragraph 5 of the memorandum of Revision Petition that, the petitioner herein is having three houses. In that view of the matter, the finding recorded by the Family Court is just and proper and no interference is called for in this petition. Accordingly, the Revision Petition is dismissed. Sd/- (E.S.INDIRESH) JUDGE SB CT-MCK List No.: 2 Sl No.: 2