- 1 - NC: 2025:KHC-D:5487 RPFC No. 100160 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 25TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH REV.PET FAMILY COURT NO. 100160 OF 2023 (-) BETWEEN: CHANNAPPA S/O. KALLAPPA LAMBI, AGE: 52 YEARS, OCC: AGRICULTURE, R/O. SHIVALLI VILLAGE, TQ: DHARWAD, DIST: DHARWAD-580112. …PETITIONER (BY SRI. N.H. PATIL, ADVOCATE) AND: SMT. MANJULA W/O. CHANNAPPA LAMBI, AGE: 44 YEARS, OCC: HOUSEHOLD, R/O. MARIGOUDAR PYATI ONI, UNKAL VILLAGE, TQ: HUBBALLI, DIST: DHARWAD-580031. …RESPONDENT THIS RPFC IS FILED UNDER SECTION 19(4) OF FAMILY COURTS ACT 1984, PRAYING TO ALLOW THE REVISION PETITION BY SETTING ASIDE THE ORDER DATED 09.11.2021 PASSED BY THE I ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT AT HUBBALLI IN CRIMINAL MISC NO.114/2021 AND GRANT SUCH OTHER RELIEF OR ORDER OR DIRECTION AS THIS 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 ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE E.S.INDIRESH Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: High Court of Karnataka, Dharwad Bench - 2 - NC: 2025:KHC-D:5487 RPFC No. 100160 of 2023 ORAL ORDER This petition is filed by the respondent-husband challenging the order dated 09.11.2021 in Crl.Misc.No.114/2021 passed by the I-Additional Principal Judge, Family Court, Hubballi (for short “the Family Court”) granting maintenance 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 and the respondent-husband was solemnized on 31.05.2001. It is the case of the petitioner- wife that on account of incompatibility of matrimonial relationship, the parties are residing separately. It is also contended that the respondent-husband has contracted with second marriage and having children and hence, the petitioner- wife has left the matrimonial home and as such, she filed Crl.Misc.No114/2021 before the Family Court seeking maintenance from the respondent-husband. 3.1. After service of notice, the respondent-husband entered appearance and filed detailed objections contesting the - 3 - NC: 2025:KHC-D:5487 RPFC No. 100160 of 2023 matter on merits and accordingly, sought for dismissal of the petition. 3.2. The Family Court, after consideration of material on record, by its order dated 09.11.2021 granted monthly maintenance of ₹8,000/- to the petitioner-wife. Feeling aggrieved by the same, the respondent-husband has filed this petition. 4. I have heard Sri. N.H. Patil, learned counsel appearing for the petitioner herein/respondent-husband. 5. The learned counsel for the respondent-husband contended that a fair opportunity has not been extended to the respondent-husband by the Family Court. It is also stated that the maintenance awarded by the Family Court is on the higher side. 6. In the light of the submissions made by the learned counsel appearing for the respondent-husband and on careful examination of the finding recorded by the Family Court makes it clear that the marriage of petitioner-wife and the respondent was solemnized on 31.05.2001. It is contended by the petitioner-wife in the petition that the respondent-husband has - 4 - NC: 2025:KHC-D:5487 RPFC No. 100160 of 2023 contracted with second marriage and having children through second wife. In that view of the matter, it can be held that the parties are residing separately. Taking into consideration that the petitioner-wife is residing at Hubballi city, I am of the view that the award of maintenance by the Family Court is just and proper and does not require interference by this Court. Accordingly the petition stands dismissed. 7. 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.: 2