- 1 - NC: 2025:KHC-D:4121 RPFC No. 100138 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 3RD DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH REV.PET FAMILY COURT NO. 100138 OF 2023 (-) BETWEEN: SRI. NARASING S/O. DATTUSA KALABURGI, AGE: 39 YEARS, OCC: BUSINESS/COOLIE, R/O. 5145/1, KALADAGI ONI, HUBBALLI, DIST: DHARWAD-580001. …PETITIONER (BY SRI. S.B. DODDAGOUDAR, ADVOCATE) AND: 1. SMT. SHRUTHI @ PREETHI W/O. NARASING KALBURGI, AGED 28 YEARS, OCC: HOUSEWIFE/BEAUTICIAN, R/O. HOUSE NO.10, NEAR AYYAPPA TEMPLE, SHABARI NAGAR, KESHWAPUR, HUBBALLI-580020. 2. KUM. HANUMANTH S/O. NARASING KALBURGI, AGE: 11 YEARS, OCC: STUDENT, R/O. HOUSE NO.10, NEAR AYYAPPA TEMPLE, SHABARI NAGAR, KESHWAPUR, HUBBALLI-580020. 3. TRUPTHI D/O. NARASING KALBURGI, AGED 10 YEARS, OCC: STUDENT, R/O. HOUSE NO.10, NEAR AYYAPPA TEMPLE, SHABARI NAGAR, KESHWAPUR, HUBBALLI-580020. 4. ATHARV S/O. NARASING KALBURGI, ASHPAK KASHIMSA MALAGALADINNI Digitally signed by ASHPAK KASHIMSA MALAGALADINNI - 2 - NC: 2025:KHC-D:4121 RPFC No. 100138 of 2023 AGE: 6 YEARS, OCC: STUDENT, R/O. HOUSE NO.10, NEAR AYYAPPA TEMPLE, SHABARI NAGAR, KESHWAPUR, HUBBALLI-580020. (RESPONDENT NO.2 TO 4 ARE THE MINORS R/BY NATURAL GUARDIAN I.E. RESPONDENT NO.1.) …RESPONDENTS (BY SRI. G.A. BHAT & SRI. AYUSH G. BHAT, ADVOCATES) THIS REVISION PETITION IS FILED UNDER SECTION 19(2) OF THE FAMILY COURT ACT PRAYING TO SET ASIDE THE JUDGMENT/ ORDER PASSED BY THE I ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, HUBBALLI IN CRL. MISC. NO.98/2022 DATED 09.12.2022 AND ETC. THIS PETITION, COMING ON FOR HEARING, THIS DAY, THE COURT MADE THE FOLLOWING: CORAM: THE HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER This petition is filed by the respondent in Criminal Miscellaneous No.98/2022, challenging the order dated 09.12.2022 on the file of I Additional Principal Judge, Family Court, Hubballi (for short, hereinafter referred to as ‘Family Court’), granting maintenance to the respondents herein. - 3 - NC: 2025:KHC-D:4121 RPFC No. 100138 of 2023 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 petitioners before the Family Court that, the marriage between the petitioner No.1 with the respondent was solemnized on 08.06.2010 at Hubballi and in their wedlock three children were born (petitioner Nos.2 to 4). It is the case of the petitioners that, the respondent has denied even nominal amount for the livelihood of petitioner No.1 and three children and it is alleged that, the respondent was adamant and was not taking care of needs of the family and also contended that, the respondent had bad vices. Hence, the petitioners have filed Criminal Miscellaneous No.98/2022 before the Family Court seeking maintenance. 4. On service of notice, the respondent-husband entered appearance and contested the matter by filing statement of objections denying the averments made in the petition. 5. The Family Court after considering the material on record by its order dated 09.12.2022, allowed the - 4 - NC: 2025:KHC-D:4121 RPFC No. 100138 of 2023 petition by directing the respondent-husband to pay monthly maintenance ofRs.6,000/- per month to the petitioner No.1 and Rs.3,000/- per month each to the petitioner Nos.2 to 4. Feeling aggrieved by the same, the respondent-husband has presented this petition. 6. Sri.S. B. Doddagoudar, learned counsel appearing for the petitioner contended that, the finding recorded by the Family Court requires interference as the petitioner is working as daily wager and on the other hand the respondent No.1 herein is working as Beautician and having sufficient income for livelihood and also the respondent No.1 is running a Beauty Parlour and as such sought for interference of this Court. 7. Per contra, Sri. G. A. Bhat, learned counsel appearing for the respondents sought to justify the impugned order. 8. In the light of the submissions made by the learned counsel appearing for the parties, it is not in dispute that the marriage between the petitioner No.1 and respondent was solemnized on 08.06.2010 at Hubballi and - 5 - NC: 2025:KHC-D:4121 RPFC No. 100138 of 2023 in their wedlock three children were born namely petitioner Nos.2 to 4. It is also the finding recorded by the Family Court that, there is a family rift between the petitioner No.1 and the respondent-husband. 9. Taking into consideration the finding recorded by the Family Court at paragraph Nos.29 to 32, I am of the view that the award of maintenance by the Family Court is just and proper and does not call for interference by this Court. 10. At this stage, it has to be noted that, the welfare of petitioner Nos.2 to 4 as well as their education prospects is to be considered, and therefore, I do not find any material to interfere with the finding recorded by the Family Court granting maintenance to the respondents herein. 11. It is also to be noted by looking at Ex.R.1- photographs which shows that, the petitioner No.1-wife is working as Beautician during marriage season however, the said artistic skill is not permanent and depend upon - 6 - NC: 2025:KHC-D:4121 RPFC No. 100138 of 2023 the contract that may be offered to the petitioner No.1 and therefore, I do not find any merit in the petition. 12. Accordingly, petition is dismissed. Sd/- (E.S.INDIRESH) JUDGE SMM CT-MCK List No.: 1 Sl No.: 40