- 1 - NC: 2025:KHC-D:2646 RPFC No. 100051 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 11TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH REV.PET FAMILY COURT NO. 100051 OF 2023 (-) BETWEEN: SRI. P. VENKOBA S/O. LATE P. HANUMANTHAPPA, AGE. 61 YEARS, OCC. AGRI, R/O. NEAR UPALAPPA TEMPLE, SRIDHARAGADDA, KUDUDARAHAL, SIRUGUPPA TQ. BALLARI DIST - 583101. …PETITIONER (BY SMT. RANJITA ALAGAWADI, ADVOCATE) AND: 1. SMT. P. LINGAMMA W/O. P VENKOBA AGE. 46 YEARS, 2. P. SHIVA SHANKAR S/O P. VENKOBA AGE. 20 YEARS, OCC. STUDENT, 3. P. VEERESH S/O P.VENKOBA AGE. 16 YEARS, OCC. STUDENT, SINCE RESPONDENT NO. 3 IS MINOR REPRESENTED BY HIS NATURAL GURDIAN MOTHER I.E., 1ST PETITIONER SMT P. LINGAMMA W/O. P. VENKOBA. ALL ARE R/O. NEAR UPALAPPA TEMPLE, SRIDHARAGADDA, KUDUDARAHAL, SIRUGUPPA TQ, BALLARI DIST-583101. V N BADIGER Digitally signed by V N BADIGER Location: High Court of Karnataka, Dharwad Bench Date: 2025.02.15 12:16:01 +0530 - 2 - NC: 2025:KHC-D:2646 RPFC No. 100051 of 2023 NOW AT KAPPAGAL ROAD, NEAR CANAL, BRAHMIAH COLONY, 3RD CROSS, BALLARI - 583101. …RESPONDENTS (BY SRI.S.N.BANAKAR, ADVOCATE) THIS RPFC IS FILED UNDER SECTION 19(4) OF THE FAMILY COURT ACT, 1984, PRAYING TO SET ASIDE THE IMPUGNED ORDER IN CRIL. MISC. NO.160/2022 DATED 23.08.2022 PASSED BY THE LEARNED PRINCIPAL JUDGE, FAMILY COURT AT BALLARI, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ORDERS 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.160/2022, challenging the order dated 23.08.2022 on the file of Principal Judge, Family Court, Ballari, allowing the petition in part. 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 that, the marriage between the petitioner No.1 with the respondent - 3 - NC: 2025:KHC-D:2646 RPFC No. 100051 of 2023 was solemnized and in their wedlock two children were born namely petitioner Nos.2 and 3. It is the case of the petitioners that, the respondent has neglected the petitioners and therefore, the petitioners have filed Criminal Miscellaneous No.160/2022 on the file of the Family Court seeking maintenance. 4. On service of notice, the respondent-husband refused to contest the matter and accordingly, he has been placed ex-parte. The Family Court based on pleadings and evidence on record allowed the petition in part holding that the petitioner Nos.2 and 3 are entitled for monthly maintenance of Rs.8,000/- each and the respondent was directed to pay sum of Rs.25,000/- per annum towards educational expenses. Feeling aggrieved by the same, the respondent-husband has preferred this petition. 5. I have heard Smt. Ranjita Alagawadi, learned counsel appearing for the petitioner and Sri. S. N. Banakar, learned counsel appearing for the respondents. - 4 - NC: 2025:KHC-D:2646 RPFC No. 100051 of 2023 6. Smt. Ranjita Alagawadi, learned counsel appearing for the petitioner contended that the impugned order is ex-parte and due to health ailment, the respondent-husband was not able to appear before the Family Court and therefore, sought for interference of this Court to extend fair opportunity to the petitioner. 7. Per contra, Sri. S. N. Banakar, learned counsel appearing for the respondents justified the impugned order. 8. In the light of the submissions made by the learned counsel appearing for the parties, it is not in dispute the relationship between the parties. It is the case of the petitioners that the respondent has neglected the petitioners and as such the petitioners have filed Criminal Miscellaneous No.160/2022. The respondent-husband was placed ex-parte. 9. Having taken note of the reasons assigned by petitioner herein at paragraph No.7 of the memorandum of the petition, I find force in the submission made by - 5 - NC: 2025:KHC-D:2646 RPFC No. 100051 of 2023 learned counsel appearing for the petitioner herein to afford opportunity to contest the matter on merits. 10. In the result, I pass the following: ORDER i) Petition is allowed in part. ii) Order dated 23.08.2022 in Criminal Miscellaneous No.160/2022 on the file of Principal Judge, Family Court, Ballari is hereby set aside and matter is remanded to the Family Court for fresh consideration after affording opportunity to both the sides. It is made clear that, liberty is reserved to the parties to lead evidence, if any. iii) It is also made clear that, till the conclusion of the proceedings before the Family Court, the respondent-husband is directed to pay the maintenance to the petitioners therein as per the order dated 23.08.2022. iv) In order to avoid further delay in the matter, parties are directed to appear before - 6 - NC: 2025:KHC-D:2646 RPFC No. 100051 of 2023 the Family Court on 10.03.2025 at 11.00 a.m. v) On their appearance, the Family Court is directed to expedite the matter. Sd/- (E.S.INDIRESH) JUDGE SMM List No.: 1 Sl No.: 5