- 1 - NC: 2025:KHC-D:6209 RPFC No. 100142 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 8TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH REV.PET FAMILY COURT NO. 100142 OF 2024 (-) BETWEEN: GOUTHAMI W/O. BASAVARAJ D/O. VIRUPAKSHI, AGE: 35 YEARS, OCC: R/O. WARD NO.9, GONAL ROAD, NEAR POLICE QUARTERS, KAREEM SAB MISHIN, MILLERPET, DISTRICT: BALLARI. …PETITIONER (BY SRI. SRINIVAS B. NAIK, ADVOCATE) AND: BASAVARAJ K.O. S/O. LINGAPPA, AGE: 42 YEARS, OCC: SENIOR ASSISTANT AT JSW, AVP LOGISTICS, R/O. VADDU VILLAGE, TQ: SANDUR, DIST: BALLARI-583123. …RESPONDENT (RESPONDENT SERVED) THIS RPFC IS FILED UNDER SECTION 19(4) OF THE FAMILY COURT ACT 1984 PRAYING TO ALLOW THIS REVISION PETITION BY SETTING ASIDE THE ORDER DATED 03.05.2024 PASSED BY PRINCIPAL JUDGE, FAMILY COURT BALLARI IN CRIMINAL MISCELLANEOUS NO.456/2022 AND AWARD JUST AND REASONABLE MAINTENANCE TO THE PETITIONER IN THE ENDS OF JUSTICE AND EQUITY AND ETC. THIS PETITION COMING ON FOR ADMISSION THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by YASHAVANT NARAYANKAR Location: High Court of Karnataka, Dharwad Bench - 2 - NC: 2025:KHC-D:6209 RPFC No. 100142 of 2024 CORAM: THE HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER 1. This petition is filed by the petitioner – wife challenging the order dated 03.05.2024 in Crl.Misc.No.456/2022 on the file of the Principal Judge, Family Court, Ballari1 dismissing the petition filed by the petitioner. 2. For the sake of convenience, the parties are referred to as per their ranking before the Family Court. 3. It is the case of the petitioner before the Family Court that the marriage between the petitioner and respondent – husband was solemnized on 16.07.2010. It is stated that, after the marriage, the respondent and his family members were not treating the petitioner properly and have not provided basic needs and were assaulting the petitioner and as such the petitioner has left the matrimonial home as she was thrown out by the respondent and his family members from the matrimonial 1 Hereinafter referred to as ‘Family Court’ - 3 - NC: 2025:KHC-D:6209 RPFC No. 100142 of 2024 home. Hence, the petitioner has filed Crl.Misc.No.456/2022 before the Family Court seeking maintenance. 4. After service of notice, the respondent – husband entered appearance and filed detailed objection contending that the petitioner herself has deserted the respondent denying the marital life with the respondent and also taken a contention that the petitioner has sought for putting up a separate house which was rejected by the respondent and as such the petitioner picked up quarrel with the respondent and left the matrimonial home. 5. It is also stated that the petitioner has filed similar petition in Crl.Misc.No.199/2021 which came to be dismissed on 13.10.2022 and also the respondent has filed M.C.No.214/2021 under Section 9 of Hindu Marriage Act and the said petition came to be disposed of in terms of the compromise between the parties and despite the same, the petitioner has failed to reside in the matrimonial home. It is also stated that, the petitioner has approached - 4 - NC: 2025:KHC-D:6209 RPFC No. 100142 of 2024 the Women Police Station at Ballari to take her articles from the matrimonial home and therefore the respondent has sought for dismissal of the petition. 6. The Family Court after considering the material on record, by its order dated 03.05.2024, dismissed the petition and feeling aggrieved by the same, the petitioner– wife has preferred this petition. 7. I have heard Sri.Srinivas B Naik, learned counsel appearing for the petitioner. The respondent is served and remained absent. 8. It is contended by the learned counsel for the petitioner that the finding recorded by the Family Court requires to be set aside as the said finding is contrary to scope of Section 125 of Cr.P.C. 9. In the light of the submissions made by the learned counsel for the petitioner, I have carefully examined the finding recorded by the Family Court. It is not in dispute that the marriage of the petitioner with the - 5 - NC: 2025:KHC-D:6209 RPFC No. 100142 of 2024 respondent - husband was solemnized on 16.07.2010 and perusal of the finding recorded by the Family Court would indicate that M.C.No.214/2021 is filed seeking restitution of conjugal rights which came to be compromised and thereafter the petitioner is residing separately for the reasons stated in the claim petition. 10. Taking into consideration the averments made in the claim petition filed under Section 125 of Cr.P.C. and following the declaration of law made by the Hon'ble Supreme Court in the case of Rina Kumari vs. Dinesh Kumar Mahto and another reported in AIR 2025 SC 644, it is to be held that in the claim petition if sufficient reason has been made by the petitioner - wife to stay away from the matrimonial home and the said aspect has to be considered by the Family Court in right perspective and therefore following the declaration of law made by the Hon'ble Supreme Court in the above case, I am of the view that the impugned order passed by the Family Court - 6 - NC: 2025:KHC-D:6209 RPFC No. 100142 of 2024 requires to be set aside and the matter requires to be re- considered afresh by the Family Court. 11. In the result, I pass the following: ORDER i. The petition is allowed. ii. Order dated 03.05.2024 in Crl.Misc.No.456/2022 on the file of Principal Judge, Family Court, Ballari is hereby set aside and the matter is remanded to the Family Court for fresh consideration in the light of the observation made above. iii. The Family Court is directed to expedite the trial. Sd/- (E.S.INDIRESH) JUDGE SH CT-MCK List No.: 1 Sl No.: 28