- 1 - NC: 2025:KHC-D:4098 RPFC No. 100143 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. 100143 OF 2023 (-) BETWEEN: SHRI. CHANNAVEERSWAMY S/O. VEERUPAKSHAYYA HIREMATH, AGED ABOUT 43 YEARS, OCC: PRIVATE WORK, R/O. H.NO.233, 6TH CROSS, SHANTINIKETAN, BAIRIDEVARKOPPA, HUBBALLI-580008. …PETITIONER (BY SRI. MALLIKARJUNSWAMY B. HIREMATH, ADVOCATE) AND: SMT. KAVYA W/O. CHANNAVEERSWAMY HIREMATH, AGED ABOUT 28 YEARS, OCC: HOUSEHOLD WORK, R/O. H.NO.233, 6 CROSS, SHANTINIKETAN, BAIRIDEVARKOPPA, HUBBALLI, PRESENTLY AT, BHARDWADA, TALUK: KUNDGOL, DISTRICT: DHARWAD-580001. …RESPONDENT THIS RIVISION PETITION IS FILED UNDER SEC.19(4) OF THE FAMILY COURT ACT, 1984 PRAYING TO SET ASIDE THE ORDER DATED 02.06.2023 PASSED BY THE 1ST ADDL. PRINCIPAL JUDGE, FAMILY COURT HUBBALLI IN CRIMINAL MISCELLANEOUS CASE NO.244/2022 AND ETC. 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 16:18:42 +0530 - 2 - NC: 2025:KHC-D:4098 RPFC No. 100143 of 2023 ORAL ORDER 1. This petition is filed by the respondent in Crl.Misc.No.244 of 2022, challenging the order dated 2nd June, 2023 on the file of I Additional Principal Judge, Family Court, at Hubballi granting maintenance to the petitioner 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 petitioner that, the marriage of the petitioner with the respondent was solemnized on 19th May, 2014 at Gadag. Thereafter, the respondent was harassing the petitioner physically and mentally and demanding to get additional dowry. It is further stated by the petitioner that, the respondent was alleging that, petitioner is not conceiving even after 2 years of marriage and as such, respondent was insulting the petitioner in front of others. Therefore, the petitioner - 3 - NC: 2025:KHC-D:4098 RPFC No. 100143 of 2023 has left the matrimonial home and started residing with her parents. Hence, the petitioner has filed Crl.Misc.No.244 of 2022 before the Family Court, seeking maintenance from the respondent-husband. 4. After service of notice, respondent entered appearance and filed statement of objections denying the averments made in the claim petition. It is the case of the respondent that, petitioner was adamant in character and not cooperating for the sexual relationship. Accordingly, he sought for dismissal of the claim petition. 5. The Family Court, after considering the material on record by its order dated 02nd June, 2023 allowed the petition in part and awarded maintenance of Rs.10,000/- per month to the petitioner. Feeling aggrieved by the same, respondent has filed this Revision Petition. - 4 - NC: 2025:KHC-D:4098 RPFC No. 100143 of 2023 6. I have heard Sri.Malikarjunaswamy B. Hiremath, learned counsel appearing for the petitioner. 7. Learned counsel appearing for the petitioner invited the attention of the court to the finding recorded by the Family Court and contended that, maintenance awarded by the Family Court is on the higher side, which required to be reduced on the ground that the petitioner herein is working as data Entry Operator at Gram Panchayat and he is earning only Rs.13,000/- per month and he has to look after his aged parents. 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 dispute with regard to the relationship between the parties. The marriage of the petitioner with the respondent was solemnized on 19th May, 2014 at Gadag. It is forthcoming from the order dated 12th April 2023 in MC No.314 of 2022 on the file of Principal Judge, Family - 5 - NC: 2025:KHC-D:4098 RPFC No. 100143 of 2023 Court, Hubballi, that respondent herein has filed petition under Section 13 of Hindu Marriage Act, which came to be dismissed by the competent Family Court. It is clear that parties are residing separately. Taking into consideration the aforementioned aspects and finding recorded by the Family Court at paragraphs 49 and 50 of the impugned order, wherein it is recorded that, petitioner herein is working and also having movable and immovable properties, and therefore I am of the view that, maintenance awarded by the Family Court is just and proper as respondent herein is residing of Hubli city. Accordingly, I do not find any merit in the petition. In the result, the Revision Petition is dismissed. Sd/- (E.S.INDIRESH) JUDGE SB CT-MCK List No.: 1 Sl No.: 8