- 1 - NC: 2025:KHC-D:4540 RPFC No. 100023 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. 100023 OF 2023 (-) BETWEEN: SMT. PARAVVA W/O. NINGAPPA DODDAMANI, AGE: 47 YEARS, OCC: NIL, R/O. BASAPUR, NOW AT KAJJARI-581115, TQ: RANEBENNUR, DIST: HAVERI. …PETITIONER (BY SRI. PRASHANT S. KADADEVAR, ADVOCATE PRESENT THROUGH VC) AND: NINGAPPA S/O. PARAMAPPA DODDAMANI, AGE: 52 YEARS, OCC: AGRICULTURE, R/O. BASAPUR-581108, TQ AND DIST: HAVERI. …RESPONDENT (BY SRI. M.R. HIREMATHAD & SRI. PRAKASH R. BADIGER, ADVOCATES) THIS RPFC IS FILED UNDER SECTION 19(4) OF THE FAMILY COURT ACT PRAYING TO PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 20-04-2021 PASSED IN CRL. MISC NO.226/2020 PASSED BY THE LEARNED FAMILY COURT, HAVERI AND GRANT MAINTENANCE AS PRAYED FOR, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION COMING ON FOR HEARING 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:4540 RPFC No. 100023 of 2023 CORAM: THE HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER This petition is filed by the petitioner-wife in Crl.Misc.No.226/2020 challenging the order dated 20.04.2021 passed by the Principal Judge, Family Court, Haveri (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 No.1-wife that the marriage of the petitioner No.1-wife and the respondent- husband was solemnised about 25 years back and in their wedlock, three children were born wherein two children were married and petitioner No.2 is unmarried daughter of petitioner No.1-wife and the respondent-husband. It is the case of the petitioner No.1-wife that the respondent-husband has neglected the petitioner-wife and the children and therefore, the petitioners are residing separately and hence, the petitioners filed Crl.Misc.No.226/2020 seeking maintenance from the respondent-husband. - 3 - NC: 2025:KHC-D:4540 RPFC No. 100023 of 2023 4. After service of notice, respondent-husband entered appearance and filed detailed statement of objection contending that the petitioner No.1-wife has left the matrimonial home without any cause and also stated that the petitioner No.1 was harassing the respondent-husband physically and mentally. It is also stated that the respondent- husband is a handicap person and accordingly has no source of income and sought for dismissal of the petition. 5. The Family Court, after considering the material on record, by its order dated 20.04.2021 dismissed the petition. Being aggrieved by the same, the petitioner No.1 has presented this revision petition. 6. I have heard the submissions of Sri.Prashant S Kadadevar, learned counsel appearing for the petitioner-wife and Sri. M.R.Hiremathad and Sri. Prakash R Badiger, learned counsel appearing for the respondent-husband. 7. Learned counsel for the petitioner-wfie submits that the finding recorded by the Family Court requires to be interfered with on the sole ground that the respondent-husband has neglected petitioner No.1-wife and further the parties are - 4 - NC: 2025:KHC-D:4540 RPFC No. 100023 of 2023 residing separately and the petitioner No.1-wife has to take care of her livelihood. 8. Per contra, learned counsel appearing for the respondent-husband submitted that the petitioner No.1-wife herself has left the matrimonial home without any cause and further the respondent herein is a handicap person and he has no independent source of income. Accordingly, sought for dismissal of the petition. 9. In the light of the submissions made by the learned counsel appearing for the parties, it is not in dispute that the petitioner No.1-wife has married the respondent-husband and in their wedlock three children were born and petitioner No.2 is their third daughter. Taking into consideration the fact that a civil litigation is pending consideration before the competent Civil Court in O.S.No.247/2018 and as the parties are residing separately and the petitioner No.1-wife has to take care of her day-to-day expenses and as she is aged around 46 years, I am of the view that the finding recorded by the Family Court requires to be set aside on the sole ground that the Family Court has not considered the scope and ambit of Section 125 of - 5 - NC: 2025:KHC-D:4540 RPFC No. 100023 of 2023 Cr.P.C., to award maintenance to the destitute wife. In that view of the matter, following the declaration of law made by the Hon’ble Supreme Court in the case of Rajnesh v. Neha and another1 and in the case of Bhjuwan Mohan Singh v. Meena and others2, the present petition deserves to be allowed. Accordingly, I pass the following: ORDER i) The revision petition is allowed. ii) The order dated 20.04.2021 in Crl.Misc.No. 226/2020 passed by the Principal Judge, Family Court, Haveri is hereby set aside and the matter is remanded to the Family Court for fresh consideration in the light of the observation made above. iii) Since the parties are represented through their respective counsel, the parties are directed to appear before the Family Court on 16.04.2025 at 11.00 a.m. without expecting further notice from the Court. 1 (2021) 2 SCC 324 2 (2015) 6 SCC 353 - 6 - NC: 2025:KHC-D:4540 RPFC No. 100023 of 2023 iv) On appearance of the parties, the Family Court is directed to dispose of the case within eight months. v) 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.: 20