- 1 - NC: 2025:KHC-D:4359 RPFC No. 100073 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 6TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH REV.PET FAMILY COURT NO. 100073 OF 2024 (-) BETWEEN: CHIDANANDA S/O. GUDDAPPA KAMMAR, AGE: 36 YEARS, OCC: AGRICULTURE, R/O. YALLAPUR (YT HONNATTI), TQ: RANEBENNUR, DIST: HAVERI-581115. …PETITIONER (BY SRI. N.H. PATIL & SMT. NIRMALA B.G., ADVOCATES) AND: 1. SMT. VEDAVATI @ SHWETA W/O. CHIDANANDA KAMMAR, AGE: 27 YEARS, OCC: NIL, R/O. YALLAPUR (YT HONNATTI), TQ: RANEBENNUR, DIST: HAVERI, NOW AT BASAPUR, TQ: AND DIST: HAVERI-581108. 2. SMT. VINUTA D/O. CHIDANANDA KAMMAR, AGE: 4 YEARS, OCC: NIL, R/O. YALLAPUR (YT HONNATTI), TQ: RANEBENNUR, DIST: HAVERI, NOW AT BASAPUR, TQ: AND DIST: HAVERI-581108. SINCE MINOR REPRESENTED BY RESPONDENT NO.1 NATURAL MOTHER. …RESPONDENTS (BY SRI. CHETAN T. LIMBIKAI, ADVOCATE) THIS RPFC IS FILED UNDER SECTION 19(4) OF THE FAMILY COURT ACT, 1984 PRAYING TO ALLOW THE REVISION PETITION BY SETTING ASIDE THE ORDER DATED 06.02.2024 PASSED BY PRINCIPAL JUDGE, FAMILY COURT AT HAVERI IN CRIMINAL MISC.NO.35/2023 AND GRANT SUCH OTHER RELIEF OR ORDER OR MOHANKUMAR B SHELAR Digitally signed by MOHANKUMAR B SHELAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - NC: 2025:KHC-D:4359 RPFC No. 100073 of 2024 DIRECTION AS THE HON’BLE COURT MAY DEEM FIT TO GRANT IN THE CIRCUMSTANCES OF THE CASE IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION COMING ON FOR ADMISSION THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER This petition is filed by the respondent in Criminal Miscellaneous No.35/2023, challenging the order dated 06.02.2024 on the file of Principal Judge, Family Court, Haveri, (for short, hereinafter referred to as ‘Family Court’), granted maintenance to the petitioner therein. 2. For the sake of convenience, the parties are referred to as per their ranking before the Family Court. 3. It is the case of the petitioners that, the marriage between the petitioner with the respondent was solemnized on 07.05.2018 and in their wedlock petitioner No.2 was born. It is the case of the petitioner No.1 that, the respondent-husband and his family members were ill- - 3 - NC: 2025:KHC-D:4359 RPFC No. 100073 of 2024 treating the petitioner No.1 and also not providing food despite she was pregnant at the relevant point of time. 3.1. It is also stated that, the family members of the respondent-husband were insulting and humiliating the petitioner No.1 and as such, it is also stated that, the petitioner No.1 being abused regularly by the respondent and his family members that, she has given birth to a female child. It is also stated that, the respondent- husband has not bothered to see the child also. Having not tolerating the same, the petitioner No.1 left the matrimonial home and residing with her parents. Hence, petitioners have filed Criminal Miscellaneous No.35/2023 seeking maintenance. 4. After service of notice, the respondent-husband entered appearance and admits the relationship with the petitioners. It is also stated that, the petitioner No.1 was not discharging the marital obligations and as such the respondent-husband has filed MC No.25/2021 before the Principal Senior Civil Judge Court, Ranebennur, and the - 4 - NC: 2025:KHC-D:4359 RPFC No. 100073 of 2024 said petition came to be closed as the parties compromised the same. It is also the contention of the respondent-husband that, the petitioner No.1 has left the matrimonial home without cause and therefore, sought for dismissal of the petition. 5. The Family Court after considering the material on record by its order dated 06.02.2024 granted maintenance of Rs.7,000/- to the petitioner No.1 and Rs.2,000/- to the petitioner No.1. Feeling aggrieved by the same, the respondent - husband has prefered this petition. 6. I have heard Sri. N. H. Patil, learned counsel appearing for the petitioner and Sri. Chetan T. Limbikai, learned counsel appearing for the respondents. 7. It is the contention of the learned counsel appearing for the petitioner that, the respondent No.1 has left the matrimonial home without any cause and the petitioner herein made all efforts for reunion however, the - 5 - NC: 2025:KHC-D:4359 RPFC No. 100073 of 2024 respondent No.1 herein is adamant in nature and left the matrimonial home without cause. 8. Per contra, learned counsel appearing for the respondent sought to justify the impugned order passed by the Family Court. 9. Having taken note of the submissions made by learned counsel appearing for the parties, it is not in dispute that the marriage between the petitioner with the respondent No.1 was solemnized on 07.05.2018 and in their wedlock respondent No.2 is born. It is also not in dispute by looking to the fact that, the petitioner herein has filed MC No.25/2021, seeking relief of dissolution of marriage however, same was ended with compromise as per Ex.R.6 and R.7. It is also the finding recorded by the Family Court that, the parties are residing separately and therefore, taking into consideration that, the respondent No.1 - wife has to take care of the minor daughter aged about 3 years, I am of the opinion that, the award of - 6 - NC: 2025:KHC-D:4359 RPFC No. 100073 of 2024 maintenance passed by the Family Court does not requires interference. 10. Accordingly, petition is dismissed. Sd/- (E.S.INDIRESH) JUDGE SMM CT-MCK List No.: 2 Sl No.: 15