- 1 - NC: 2025:KHC-D:4495 RPFC No. 100192 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. 100192 OF 2024 (-) BETWEEN: MALLAPPA S/O. DYAMAPPA PYATI, AGE: 64 YEARS, OCC: AGRICULTURE, (NOW NIL), R/O. HEBBALLI, TQ: & DIST: DHARWAD-580012. …PETITIONER (BY SRI. R.H. ANGADI, ADVOCATE) AND: SMT. NEELAVVA W/O. MALLAPPA PYATI, AGE: 54 YEARS, OCC: HOUSEHOLD, R/O. HEBBALLI, TQ: & DIST: DHARWAD-580012. …RESPONDENT (RESPONDENT SERVED AND UNREPRESENTED) THIS RPFC IS FILED UNDER SECTION 19(4) OF THE FAMILY COURT ACT PRAYING TO SET ASIDE THE IMPUGNED JUDGMENT AND ORDER DATED 14.05.2024 IN CRIMINAL MISCELLANEOUS NO.172/2022, BY THE PRINCIPAL JUDGE, FAMILY COURT, DHARWAD AND CONSEQUENTLY DISMISS THE PETITION FILED BY RESPONDENT WIFE U/S 125 OF CR.P.C. BY ALLOWING THIS PETITION TO MEET THE ENDS OF JUSTICE. THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE E.S.INDIRESH MOHANKUMAR B SHELAR Digitally signed by MOHANKUMAR B SHELAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - NC: 2025:KHC-D:4495 RPFC No. 100192 of 2024 ORAL ORDER This petition is filed by the respondent-husband in Crl.Misc.No.172/2022 challenging the order dated 14.05.2024 passed by the Principal Judge, Family Court, Dharwad (for short “the Family Court”) granting maintenance of ₹5,000/- per month to the petitioner-wife. 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 of the petitioner-wife with respondent-husband was solemnised 37 years back and in their wedlock, a daughter was born. It is also stated that the respondent-husband is the brother of the mother of petitioner-wife. It is stated in the petition that the respondent-husband was abusing the petitioner-wife as she delivered a female baby and he was not taking care of the needs of the petitioner-wife. Hence, the petitioner-wife left the matrimonial home and started residing separately. It is also stated that the daughter born to them has been married with one Siddalingappa Raibagi and the entire marriage expenses were incurred by the petitioner-wife. - 3 - NC: 2025:KHC-D:4495 RPFC No. 100192 of 2024 Accordingly, the petitioner filed Crl.Misc.No.172/2022 seeking monthly maintenance from the respondent-husband. 4. After service of notice, respondent entered appearance and filed detailed objections denying the allegations made against the respondent-husband. It is the case of the respondent-husband that the petitioner-wife, her brothers and aunt-Neelavva have filed O.S.No.220/2021 seeking partition and separate possession in respect of suit schedule properties and preliminary decree has been passed. He further contended that the respondent-husband is aged about 68 years suffering from old-age ailments and accordingly, sought for dismissal of the petition. The Family Court, by its order dated 14.05.2024 allowed the petition in part and granted maintenance of ₹5,000/- per month to the petitioner-wife. Feeling aggrieved by the same, the respondent-husband has filed this petition. 5. Having heard the submissions made by Sri.R.H.Angadi, the learned counsel appearing for the respondent-husband and taking into consideration the fact that the parties are residing separately at Hubli city and the petitioner-wife is aged about 52 years, I am of the view that - 4 - NC: 2025:KHC-D:4495 RPFC No. 100192 of 2024 the grant of ₹5,000/- towards monthly maintenance by the Family Court is just and proper and does not call for interference by this Court in this petition. Accordingly, the petition stands dismissed. 6. 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.: 7