- 1 - NC: 2025:KHC-D:3167 RPFC No. 100102 of 2022 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 17TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH REV.PET FAMILY COURT NO. 100102 OF 2022 BETWEEN: MAREPPA S/O DURAGAPPA HALAKATTI (CALLED AS MARIYAPPA S/O DURAGAPPA HALAKATT IN CRL.MISC PETITION) AGE: 39 YEARS, OCC: COOLIE NOW NIL, R/O. HANCHINAL, TQ. SAUNDATTI, DIST: BELAGAVI-591110. …PETITIONER (BY SMT. SHAILA BELLIKATTI, ADVOCATE) AND: SMT. YALLAWWA D/O IRAPPA VALMIKI, (PRIOR TO DIVORCE YELLAWWA MAREPPA HALAKATTI) AGE: 32 YEARS, OCC: PRIVATE JOB, (FALSELY SHOWN AS HOUSEWIFE) C/O MADEVAPPA S/O SATYAPPA PUJAR, R/O HATALGERI, TQ. DIST. GADAG-582115. …RESPONDENT THIS RPFC IS FILED UNDER SEC.19(4) OF THE FAMILY COURT ACT, PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 09.03.2021 IN CRL.MISC.NO.129/2019 ON THE FILE OF PRINCIPAL JUDGE, FAMILY COURT, GADAG I.E. DIRECTING PETITIONER TO PAY MAINTENANCE OF RS.5,000/- PER MONTH MAY KINDLY BE SET ASIDE AND THE PETITIONER PRAYS TO REMAND THE MATTER FOR RECONSIDERATION BY PROVIDING OPPORTUNITY OF FILING OBJECTIONS TO MAIN PETITION AND CONTEST THE MATTER. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING: Digitally signed by V N BADIGER Location: High Court of Karnataka, Dharwad Bench - 2 - NC: 2025:KHC-D:3167 RPFC No. 100102 of 2022 CORAM: THE HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER (PER: THE HON'BLE MR. JUSTICE E.S.INDIRESH) 1. This petition is filed by the respondent – husband challenging the order dated 09.03.2021 in Crl.Misc.No.129/2019 on the file of the Principal Judge, Family Court, Gadag1 allowing the petition in part. 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 petitioner that the marriage of petitioner with the respondent was solemnized on 28.02.2016 at Chikkumbi, Saundatti Taluk and thereafter there is a family rift and as such the petitioner was constrained to leave the matrimonial home. It is the case of the petitioner that the respondent has neglected to take care of the petitioner and also he has kept a mistress and accordingly the petitioner has left the matrimonial home. It is also stated that the respondent is working at Belagavi 1 Hereinafter referred to as ‘Family Court’ - 3 - NC: 2025:KHC-D:3167 RPFC No. 100102 of 2022 and is having agricultural land and therefore sought for maintenance. 4. After service of notice, the respondent entered appearance, however not contested the matter. 5. The Family Court after considering the material on record, by its order dated 09.03.2021 awarded maintenance of Rs.5,000/- per month to the petitioner and feeling aggrieved by the same, respondent – husband has preferred this petition. 6. Learned counsel appearing for the petitioner contended that the petitioner herein is handicapped and has contracted with the second marriage and therefore it is difficult for the petitioner herein to pay the maintenance as ordered by the Family Court. 7. Having taken note of the submission made by the learned counsel appearing for the petitioner, it is forthcoming that the petitioner herein is an ITI holder, however no document has been produced and also the - 4 - NC: 2025:KHC-D:3167 RPFC No. 100102 of 2022 petitioner herein is having immovable property – agricultural land and taking into consideration that the marriage between the petitioner and respondent is solemnized and the respondent herein is residing separately from the petitioner herein, I do not find force in the submission made by the learned counsel appearing for the petitioner. It is also forthcoming from the record that in a proceeding for dissolution of marriage in M.C.No.10/2018, the marriage is dissolved. 8. Accordingly, the petition is dismissed. Sd/- (E.S.INDIRESH) JUDGE SH CT:GSM List No.: 2 Sl No.: 2