- 1 - NC: 2025:KHC-D:4494 RPFC No. 100028 of 2023 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. 100028 OF 2023 (-) BETWEEN: PANDURANG S/O. SWAREVVA PUJAR @ MADAR, AGED ABOUT 47 YEARS, OCC: COOLIE, R/O. WARD NO.2, KERUR, TQ: BADAMI, DIST: BAGALKOT-587201. …PETITIONER (BY SRI. G.I. GACHCHINAMATH, ADVOCATE) AND: SMT. BHARATI W/O. PANDURANG PUJAR @ MADAR, AGED ABOUT 38 YEARS, OCC: HOUSEHOLD WORK, R/O. SECOND STOP, SAINAGAR, MADAR ONI, UNAKAL, HUBBALLI, TQ: HUBBALLI-580031, DIST: DHARWAD. …RESPONDENT THIS RPFC IS FILED UNDER SECTION 19(4) OF THE FAMILY COURT ACT PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 14-03-2019 MADE IN CRIMINAL MISCELLANEOUS NO.114/2017 PASSED BY THE PRINCIPAL JUDGE, FAMILY COURT, HUBBALLI IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE E.S.INDIRESH MOHANKUMAR B SHELAR Digitally signed by MOHANKUMAR B SHELAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - NC: 2025:KHC-D:4494 RPFC No. 100028 of 2023 ORAL ORDER This petition is filed by the respondent-husband in Crl.Misc.No.114/2017 challenging the order dated 14.03.2019 passed by the Principal Judge, Family Court, Hubballi (for short “the Family Court”) granting maintenance to the petitioner- wife. 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 that the marriage of the petitioner-wife with respondent-husband was solemnised on 06.06.2003 at Bagalkot and in their wedlock, two children were born. It is stated in the petition that the respondent-husband was not taking care of the petitioner-wife and was assaulting her on several occasions and not even provided food for the petitioner. Therefore, the petitioner left the matrimonial home and started residing separately. Hence, the petitioner filed Crl.Misc.No.114/2017 before the Family Court seeking monthly maintenance from the respondent-husband. 4. After service of notice, the respondent remained absent. - 3 - NC: 2025:KHC-D:4494 RPFC No. 100028 of 2023 5. The Family Court, after considering the material on record, by its order dated 14.03.2019, allowed the petition in part and has granted monthly maintenance of ₹6,000/- to the petitioner-wife. 6. Sri. G.I.Gachchinamath, learned counsel appearing for the respondent-husband submits that the respondent- husband is suffering “Hill sach’s lesion right shoulder with recurrent dislocation” and he has been placed ex-parte before the Family Court. Hence, sought for interference of this Court. 7. The respondent herein though served with notice, has remained absent. 8. Having taken note of the submissions made by the learned counsel appearing for the respondent-husband, it is not in dispute that the marriage between petitioner-wife and respondent-husband was solemnised on 06.06.2003 at Bagalkot and in their wedlock two children were born. 9. A perusal of the finding recorded by the Family Court would indicate that the parties are residing separately. It is contended by the petitioner-wife in the claim petition that, the respondent-husband was assaulting the petitioner on - 4 - NC: 2025:KHC-D:4494 RPFC No. 100028 of 2023 several occasions and hence, she left the matrimonial home. In that view of the matter, taking into account the fact that the petitioner-wife is residing separately at Hubballi city, I am of the view that the grant of maintenance by the Family Court is just and proper and does not require interference by this Court. Accordingly, the petition stands dismissed. 10. 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.: 1