- 1 - NC: 2025:KHC-D:4206 RPFC No. 100020 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 4TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH REV.PET FAMILY COURT NO. 100020 OF 2025 (-) BETWEEN: BASAVRAJ S/O. MALLIKARJUN SARVI, AGE: 49 YEARS, OCC: RAILWAY EMPLOYEE, R/O. C/O. S & T DEPT., S.W. RAILWAY, HUBBALLI, TQ: HUBBALLI, DIST: DHARWAD-580009. …PETITIONER (BY SRI. JAGADISH PATIL, ADVOCATE) AND: 1. SMT. ANITA W/O. BASAVRAJ SARVI, AGE: 39 YEARS, OCC: HOUSEHOLD WORK, R/O. VIVEKANAND NAGAR, TQ: GADAG, DIST: GADAG-582101. 2. KUMARI NAMITA D/O. BASAVRAJ SARVI, AGE: 15 YEARS, OCC: STUDENT, SINCE PETITIONER NO.2 IS MINOR AND IS REPRESENTED BY THEIR NATURAL GUARDIAN MOTHER, SMT. ANITA W/O. BASAVARAJ SARVI, AGE: 39 YEARS, OCC: HOUSEHOLD WORK, R/O. VIVEKANAND NAGAR, TQ: GADAG, DIST: GADAG-582101. 3. KUMAR MALLIKARJUN S/O. BASAVRAJ SARVI, AGE: 12 YEARS, OCC: STUDENT, SINCE PETITIONER NO.3 IS MINOR AND IS REPESENTED BY THEIR NATURAL GUARDIAN MOTHER, SMT. ANITA W/O. BASAVARAJ SARVI, AGE: 39 YEARS, OCC: HOUSEHOLD WORK, R/O. VIVEKANAND NAGAR, TQ: GADAG, DIST: GADAG-582101. …RESPONDENTS THIS RPFC IS FILED UNDER SECTION 19(4) OF THE FAMILY COURT ACT, 1984, PRAYING TO CALL FOR THE RECORDS, ALLOW THIS REVISION PETITION, SET ASIDE THE ORDER DATED Digitally signed by MOHANKUMAR B SHELAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.03.07 16:18:41 +0530 - 2 - NC: 2025:KHC-D:4206 RPFC No. 100020 of 2025 09.01.2025 PASSED IN CRIMINAL MISCELLANEOUS NO.181/2022 ON THE FILE OF PRINCIPAL JUDGE, FAMILY COURT, GADAG AND GRANT SUCH OTHER RELIEFS AS THIS HON’BLE COURT MAY DEEM FIT AND PROPER IN THE CIRCUMSTANCES OF THE CASE 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 Crl.Misc.No.181 of 2022 challenging the order dated 09.01.2025 on the file of Family Court, Gadagm granting maintenance to the petitioners 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 petitioners that, marriage of the petitioner No.1 with the respondent was solemnized on 01.11.2009 at Gadag. In their wedlock two children were born namely, petitioner Nos.2 and 3. The petitioners have filed Clr.Misc.No.119 of 2014 before the Principal Judge, Family Court, Gadag, against the - 3 - NC: 2025:KHC-D:4206 RPFC No. 100020 of 2025 respondent-husband, which came to be allowed by awarding maintenance of Rs.6,000/- per month to the petitioner No.1 and Rs.2,500/- each per month to the petitioner Nos.2 and 3. In view of increase in cost of living, the petitioners have filed petition under Section 127 of Cr.P.C, seeking enhancement of maintenance in Crl.Misc.No.181 of 2022. 4. After service of notice, respondent entered appearance and filed statement of objections denying the averments made in the claim petition except admitting the relationship between the parties. It is the contention of the respondent that the maintenance awarded by the Family Court on earlier occasion is just and proper. Accordingly, he sought for dismissal of the claim petition. 5. The Family Court, after considering the material on record by its order dated 09.01.2025 allowed the petition in part and awarded Rs.10,000/- per - 4 - NC: 2025:KHC-D:4206 RPFC No. 100020 of 2025 month to the petitioner-wife and Rs.5,000/- each per month to the petitioner Nos.2 and 3. Feeling aggrieved by the same, respondent-husband has preferred this petition. 6. I have heard Sri. Jagadish Patil, learned counsel appearing for the petitioner. 7. Sri. Jagadish Patil, learned counsel appearing for the petitioner contended that the petitioner has sustained fracture to his leg in the road accident and he has to meet medical expenses towards it and respondent No.1 herein is having sufficient means for livelihood. 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 No.1 with the respondent was solemnized on 01.11.2009 at Gadag, - 5 - NC: 2025:KHC-D:4206 RPFC No. 100020 of 2025 and in their wedlock two children were born. It also not in dispute that the petitioners have filed Crl.Misc.No.119 of 2014 before the Principal Judge, Family Court, Gadag, which came to be allowed in part. Taking into consideration the fact that the respondent No.1 herein is taking care of two children and petitioner-husband is working as Office Superintendent in Railway Department and getting monthly salary of Rs.50,000/- and also on account of escalation of prices, I am of the view that, the maintenance awarded by the Family Court is just and proper and does not call for interference. In the result, the Revision Petition is dismissed. Sd/- (E.S.INDIRESH) JUDGE SB: CT-MCK List No.: 2 Sl No.: 7