- 1 - NC: 2025:KHC-D:2584 RPFC No. 100216 of 2023 C/W RPFC No. 100110 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 4TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH REV.PET FAMILY COURT NO. 100216 OF 2023 (-) C/W REV.PET FAMILY COURT NO. 100110 OF 2024 IN RPFC NO.100216/2023 BETWEEN: SRI. MALLAPPA S/O. CHANDAPPA METI, AGED ABOUT 38 YEARS, OCCUPATION: KSRTC SERVANT, RESIDING AT BENAL R.C. TALUK: B. BAGEWADI DISTRICT: VIJAYAPUR – 586203. …PETITIONER (BY SRI. B.J.KRISHNA AND SRI. DAITAPPA N.M, ADVOCATES) AND: SMT. ANITA W/O. MALLAPPA METI, AGED ABOUT 30 YEARS, RESIDING AT BENAL R. C, TALUK: B. BAGEWADI DISTRICT: VIJAYAPUR – 586203. NOW RESIDING AT DAMANAL, TALUK AND DISTRICT: BAGALKOTE. …RESPONDENT (BY SRI. NEELENDRA D. GUNDE AND SRI. HANUMESH M. DESAI, ADVOCATES) ------- V N BADIGER Digitally signed by V N BADIGER Location: High Court of Karnataka, Dharwad Bench Date: 2025.02.11 16:18:22 +0530 - 2 - NC: 2025:KHC-D:2584 RPFC No. 100216 of 2023 C/W RPFC No. 100110 of 2024 THIS RPFC IS FILED UNDER SEC.19(4) OF THE FAMILY COURT ACT, 1984, PRAYING TO CALL FOR LCR AND ALLOW THE PETITION AND SET ASIDE THE ORDER PASSED BY THE PRL. JUDGE, FAMILY JUDGE, BAGALKOTE IN CRL.MISC.NO.111/2019 (OLD CRL.MISC.NO.269/2019), DATED 27.10.2023 VIDE ANNEXURE-A. IN RPFC NO.100110/2024 BETWEEN: SMT. ANITA W/O. MALLAPPA METI, AGE. 26 YEARS, OCC. NILL, R/O. BENAL R. C, TQ. B.BAGEWADI, NOW RESIDING AT DAMNANAL, TQ. AND DIST. BAGALKOT -587101. ...PETITIONER (BY SRI. NEELENDRA.D.GUNDE, ADVOCATE) AND: SRI. MALLAPPA S/O. CHANDAPPA METI, AGE. 34 YEARS, OCC. KSRTC SERVANT, R/O. BENAL R.C, TQ. B.BAGEWADI, DIST. VIJAYAPUR – 586203. ….RESPONDENT (BY SRI.B.J. KRISHNA AND SRI. DAITAPPA N.M, ADVOCATES) ------- THIS RPFC IS FILED UNDER SECTION 19(4) OF THE FAMILY COURTS ACT, PRAYING TO CALL FOR THE RELEVANT RECORDS AND SET-ASIDE THE ORDER DATED 27.10.2023 PASSED BY THE PRINCIPAL JUDGE, FAMILY COURT, BAGALKOTE IN CRL.MISC.NO.111/2019 THEREBY AWARDING MEAGER MAINTENANCE OF RS.8000/- TO PETITIONER AND CONSEQUENTLY DIRECT THE RESPONDENT TO PAY MAINTENANCE AS PRAYED BEFORE THE COURT BELOW, IN THE INTEREST OF JUSTICE AND EQUITY. THESE PETITIONS COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING: CORAM: THE HON'BLE MR. JUSTICE E.S.INDIRESH - 3 - NC: 2025:KHC-D:2584 RPFC No. 100216 of 2023 C/W RPFC No. 100110 of 2024 ORAL ORDER These petitions are arising out of the order dated 27.10.2023 in Clr.Misc.No.111 of 2019 (old Clr.Misc.No.269 of 2019) on the file of Principal Judge, Family Court, Bagalkot, awarding 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 between the petitioner and the respondent was solemnized at B.Bagewadi Taluk, Belgaum District and thereafter, the petitioner was staying with the respondent for sometime at matrimonial home, however, on repeated harassment meet out by the petitioner regarding dowry and as such, the petitioner has left the matrimonial home and residing with her parents. Hence, the petitioner has filed Clr.Misc.No. - 4 - NC: 2025:KHC-D:2584 RPFC No. 100216 of 2023 C/W RPFC No. 100110 of 2024 111 of 2019, seeking maintenance from respondent- husband. 4. After receipt of notice, respondent entered appearance and filed objections denying the averments made in the petition and took up a specific contention that, petitioner has left the matrimonial home without any cause and accordingly, sought for dismissal of the petition. 5. The Family Court, after considering the material on record, by its order dated 27.10.2023, awarded maintenance of Rs.8,000/- to the petitioner. Feeling aggrieved by the same, the respondent- husband has preferred RPFC No.100216 of 2023 challenging the impugned order passed by the Family Court and RPFC No.100110 of 2024 is filed by the petitioner-wife seeking enhancement of maintenance. - 5 - NC: 2025:KHC-D:2584 RPFC No. 100216 of 2023 C/W RPFC No. 100110 of 2024 6. I have heard Sri. Neelendra D. Gunde, learned counsel for the petitioner-wife and Sri. B. J. Krishna, learned counsel for the respondent-husband. 7. Sri. Neelendra D. Gunde, learned counsel appearing for the petitioner-wife argued that, respondent-husband is working as Conductor and drawing salary of Rs.26,145/- as per Salary Certificate produced at Ex.P1 and also the petitioner is having immovable properties as per Exs.P2 to P5. Accordingly, he sought for interference this court. 8. Per contra, Sri. B.J.Krishna, learned counsel appearing for the respondent-husband contended that, the award of maintenance by the Family Court is on the higher side and the RTC extracts produced by the petitioner-wife belongs to the joint family property and therefore, sought for interference of this Court - 6 - NC: 2025:KHC-D:2584 RPFC No. 100216 of 2023 C/W RPFC No. 100110 of 2024 9. Having heard the learned counsel appearing for the parties, it is not in dispute with regard to relationship between the parties. Perusal of the finding recorded by Family Court would indicate that the parties are residing separately. The Family Court having taken note of the material on record, has granted maintenance of Rs.8,000/- per month to the petitioner-wife. It is also to be noted that, the salary certificate produced by the respondent–husband is for the month of August 2022, wherein the Net Salary is shown as Rs.26,145/- and therefore, taking into consideration the escalation of price and basic necessity to be provided to the petitioner-wife, I am of the opinion that, the petitioner-wife is entitle for Rs.10,000/- per month as maintenance from the respondent-husband. With these observations, RPFC No. 100216 of 2023 filed by the respondent-husband is dismissed and RPFC No.100110 of 2024 filed by - 7 - NC: 2025:KHC-D:2584 RPFC No. 100216 of 2023 C/W RPFC No. 100110 of 2024 the petitioner-wife is allowed in part. Amount in deposit, if any, before this court be transmitted to the Family Court, forthwith. Sd/- (E.S.INDIRESH) JUDGE SB List No.: 1 Sl No.: 8