- 1 - NC: 2025:KHC-D:4538 RPFC No. 100184 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. 100184 OF 2024 (-) BETWEEN: SRI. BASANAGOUDA S/O. SHIVANAGOUDA HANUMANTHGOUDAR, AGE: 40 YEARS, OCC: PRIVATE WORK & AGRICULTURE, R/O. HALYAL, TQ: HUBBALLI, DIST: DHARWAD-580001. …PETITIONER (BY SRI. M.L. VANTI, ADVOCATE) AND: 1. SMT. PRATIBHA W/O. BASANAGOUDA HANUMANTHGOUDAR, AGE: 34 YEARS, OCC: HOUSEHOLD WORK, R/O. HALYAL, TQ: HUBBALLI, NOW AT G.K. COMFORTS, NEAR VIGNESHWARA SCHOOL, VIDYANAGAR, HUBBALLI, DIST: DHARWAD-580001. 2. KUMAR. ASHOKGOUDA S/O. BASANAGOUDA HANUMATHGOUDAR, AGE: 12 YEARS, OCC: STUDENT, R/O: HALYAL, TQ: HUBBALLI, NOW AT G.K. COMFORTS, NEAR VIGNESHWARA SCHOOL, VIDYANAGAR, HUBBALLI, DIST: DHARWAD-580001. 3. KUMAR ARYANGOUDA S/O. BASANAGOUDA HANUMANTHGOUDAR, AGE: 08 YEARS, OCC: STUDENT, R/O: HALYAL, TQ: HUBBALLI, NOW AT G.K. COMFORTS, MOHANKUMAR B SHELAR Digitally signed by MOHANKUMAR B SHELAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - NC: 2025:KHC-D:4538 RPFC No. 100184 of 2024 NEAR VIGNESHWARA SCHOOL, VIDYANAGAR, HUBBALLI, DIST: DHARWAD-580001. (SINCE THE RESPONDENTS NO.2 AND 3 ARE MINORS, REPRESENTED BY THEIR NATURAL GUARDIAN MOTHER PETITIONER NO.1) …RESPONDENTS (R1-SERVED & UNREPRESENTED; R2 & R3-MINORS REP. BY R1) THIS RPFC FILED UNDER SEC.19(4) OF THE FAMILY COURT ACT, 1984 READ WITH SECTION 115 OF CPC PRAYING TO ALLOW THE PETITION AND SET ASIDE THE ORDER DATED 13.08.2024 PASSED BY THE HON’BLE I ADDL. PRINCIPAL JUDGE, FAMILY COURT AT HUBBALLI IN CRL.MISC.NO.3/2023 DIRECTING THE PETITIONER TO PAY MONTHLY MAINTENANCE OF RS.8,000/- TO RESPONDENT NO.1 AND RS.4,000/- EACH TO RESPONDENT NO.2 AND 3, 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 respondent-husband challenging the order dated 13.08.2024 in Crl.Misc.No.3/2023 on the file of the I-Additional Principal Judge, Family Court, Hubballi (for short “the Family Court”) granting maintenance to the petitioner-wife. - 3 - NC: 2025:KHC-D:4538 RPFC No. 100184 of 2024 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 petitioner-wife that the marriage between petitioner No.1-wife and the respondent- husband was solemnized on 28.06.2009 and two children were born to them. It is also stated in the petition that, the respondent-husband is a chronic alcoholic and was assaulting the petitioner No.1-wife and as there is incompatibility of the marital relationship between the petitioner No.1-wife with the respondent-husband and as such, the petitioners left the matrimonial home. Hence, the petitioner No.1-wife filed Crl.Misc.No.3/2023 before the Family Court, seeking monthly maintenance from the respondent-husband. 3.1. After service of notice, the respondent-husband entered appearance and filed detailed statement of objections denying the averments made in the petition with regard to the allegation made therein. It is the contention of the respondent- husband that the petitioner No.1-wife has concealed her first marriage with one Chandrashekhar S/o. Mallappa Battur of Akkugund of Shirahatti Taluk on 09.05.2006 at Mulagund. The - 4 - NC: 2025:KHC-D:4538 RPFC No. 100184 of 2024 respondent-husband has taken a contention that the petitioner No.1-wife had married earlier but she had concealed the same with the respondent-husband and accordingly, sought for dismissal of the petition. 3.2. The Family Court, after considering the material on record, by its order dated 13.08.2024 allowed the petition in part holding that the petitioner No.1-wife is entitled for ₹8,000/- per month and the petitioner No.2 and 3 are entitled for ₹4,000/- each per month from the respondent. Feeling aggrieved by the same, the respondent-husband presented this petition. 4. I have heard the submissions of Sri. M.L.Vanti, learned counsel appearing for the petitioner herein (respondent-husband). 5. The respondent herein (petitioner-wife) is served with notice and remained absent. 6. It is contended by the learned counsel appearing for the respondent-husband that the Family Court has erred in considering the fact that the respondent-husband has deposed before the Family Court that he will take care of petitioner No.1 - 5 - NC: 2025:KHC-D:4538 RPFC No. 100184 of 2024 with the children however, petitioner No.1-wife refused to stay with the respondent-husband and living in adultery and accordingly sought for interference of this Court. 7. I have taken into consideration the submissions made by the learned counsel for the petitioner herein (respondent-husband). 8. It is not in dispute about the marriage between the petitioner No.1-wife and the respondent-husband. It is also forthcoming from the finding recorded by the Family Court that two children were born to them. Taking into account the fact that the parties are residing separately, I am of the view that the finding recorded by the Family Court requires to be confirmed insofar quantification of maintenance is concerned. Taking into consideration the finding recorded by the Family Court, particularly, at paragraph 78 to 80, I am of the view that the award of maintenance made by the Family Court is just and proper as the petitioner No.1-wife has to take care of two children. In that view of the matter, no interference is called for. Accordingly, the petition stands dismissed. - 6 - NC: 2025:KHC-D:4538 RPFC No. 100184 of 2024 9. 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.: 17