- 1 - NC: 2025:KHC-D:4537 RPFC No. 100178 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. 100178 OF 2024 (-) BETWEEN: G. YERRISWAMY S/O. LATE CHIDANANDAPPA, AGED ABOUT 44 YEARS, OCC: CASHIER BLUE LION LIQUORS, TALUR VILLAGE, SHIRAGUPPA TALUK, R/O. 2ND STAGE, NEAR WATER TANK, RAGHAVENDRA COLONY, ANANTHAPUR ROAD, BALLARI. …PETITIONER (BY SRI. SHIVAKUMAR S. BADAWADAGI, ADVOCATE) AND: SMT. MANJULA W/O. G. YERRISWAMY, AGED ABOUT 43 YEARS, OCC: HOUSEHOLD, R/O. 2ND STAGE, NEAR WATER TANK, RAGHAVENDRA COLONY, ANANTHAPUR ROAD, BALLARI. PRESENTLY RESIDING AT C/O. N. VEERESH ADEPPA COMPOUND, AKTRA GATE, ANATHPUR ROAD, BALLARI. …RESPONDENT (BY SRI. V.S. KALASURMATH, ADVOCATE) THIS RPFC IS FILED UNDER SEC.19(4) OF THE FAMILY COURT ACT PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 27.07.2024 PASSED BY THE PRINCIPAL JUDGE FAMILY COURT BALLARI IN CRL.MISC.NO.406/2022 AND CONSEQUENTLY BE PLEASED TO DISMISS CRL.MISC.NO.406/2022 IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION COMING ON FOR ADMISSION THIS DAY, ORDER WAS MADE THEREIN AS UNDER: MOHANKUMAR B SHELAR Digitally signed by MOHANKUMAR B SHELAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - NC: 2025:KHC-D:4537 RPFC No. 100178 of 2024 CORAM: THE HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER This petition is filed by the respondent challenging the order dated 27.07.2024 in Crl.Misc.No.406/2022 on the file of the Principal Judge, Family Court, Ballari granting maintenance to the respondent herein (for short “the Family Court”). 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 the petitioner-wife and the respondent- husband was solemnised on 22.02.2006 and in their wedlock two children were born. It is also stated in the petition that the respondent-husband being alcoholic, used to assault the petitioner-wife under the influence of alcohol and she was thrown out of the matrimonial home on 28.02.2022 and as such, the petitioner-wife is residing separately from the respondent-husband. Hence, the petitioner-wife filed Crl.Misc.No.406/2022 seeking maintenance. - 3 - NC: 2025:KHC-D:4537 RPFC No. 100178 of 2024 3.1. After service of notice, respondent- husband entered appearance and filed statement of objection and contended that the petitioner was adamant and made certain allegations against the respondent-husnand and she herself has left the matrimonial home without any cause. Accordingly, sought for dismissal of the claim petition. 3.2. The Family Court, after considering the material on record, by its order dated 27.07.2024 awarded maintenance of ₹10,000/- per month to the petitioner-wife. Feeling aggrieved by the same, the respondent-husband presented this petition. 4. I have heard Sri. Shivakumar S Badawadagi, learned counsel appearing for the petitioner herein. 5. It is contended by the learned counsel that both the children of the petitioner-wife and respondent-husband are residing with the respondent-husband and he is taking care of the educational expenses of his children. It is also contended by the learned counsel for the petitioner herein that the award of maintenance is on the higher side and the Family Court has not considered the material on record in the right perspective and accordingly, sought for interference of this Court. - 4 - NC: 2025:KHC-D:4537 RPFC No. 100178 of 2024 6. Per contra, learned counsel appearing for the petitioner-wife sought to justify the impugned order. 7. In the light of the submissions made by the learned counsel appearing for the parties, it is not in dispute with regard to the relationship between the parties and also that two children were born in their wedlock. It is forthcoming from the finding recorded by the Family Court that the husband is working as a cashier at M/s. Blue Line Liquors at Talur village. Taking into consideration the finding recorded by the Family Court as the petitioner-wife has filed M.C.No.154/2022 seeking dissolution of marriage, which came to be dismissed and the appeal is also filed before this Court, which is pending consideration and in that view of the matter, taking into consideration the needs of the petitioner-wife, who is aged about 46 years, I am of the opinion that the award of maintenance by the Family Court is just and proper and does not call for interference by this Court. Accordingly, the petition stands dismissed. - 5 - NC: 2025:KHC-D:4537 RPFC No. 100178 of 2024 8. In view of disposal of the petition, pending interlocutory applications, if any, do not survive for consideration and are disposed off accordingly. Sd/- (E.S.INDIRESH) JUDGE YAN List No.: 2 Sl No.: 15