- 1 - NC: 2025:KHC-D:3412 RPFC No. 100080 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 19TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH REV.PET FAMILY COURT NO. 100080 OF 2023 (-) BETWEEN: 1. NAMRATA MANJUSHREE W/O. SOMSHEKHAR KAMATAD , AGE. 33 YEARS, OCC: HOUSEHOLD, R/O: VEERAPPA S/O. MALLAPPA H.NO. 225, LIG HUDCO COLONY, GADAG, TALUKA -GADAG -582101. 2. CHIRANJIVI S/O. SOMASHEKHAR KAMATAD , AGE. 08 YEARS, OCC: STUDENT, R/O: VEERAPPA S/O. MALLAPPA H.NO. 225, LIG HUDCO COLONY, GADAG, TALUKA -GADAG -582101 3. TEJUS S/O. SOMASHEKHAR KAMATAD , AGE. 05 YEARS, OCC . STUDENT, R/O. VEERAPPA S/O. MALLAPPA H.NO. 225, LIG HUDCO COLONY, GADAG, TALUKA -GADAG -582101. …PETITIONERS (BY SRI. SRINIVAS B. NAIK, ADVOCATE) AND: SOMASHEKHAR S/O RAMAPPA KAMATAD , AGE. 39 YEARS, OCC. LECTURER R/O. GOVERNMENT POLYTECHNIC COLLEGE, Digitally signed by V N BADIGER Location: High Court of Karnataka, Dharwad Bench - 2 - NC: 2025:KHC-D:3412 RPFC No. 100080 of 2023 MUNDAGOD, TALUK -MUNDAGOD, DIST. UTTAR KANNADA-581349. …RESPONDENT (BY SRI. VIJAY M. MALALI, ADVOCATE) -------- THIS RPFC IS FILED UNDER SECTION 19(4) OF THE FAMILY COURT ACT, 1984, PRAYING TO CALL FOR THE RECORDS IN CRL.MISC.NO.182/2021 ON THE FILE OF I ADDITIONAL PRINCIPAL JUDGE FAMILY COURT, GADAG AND ALLOW THIS REVISION PETITION BY MODIFY THE ORDER DATED 14.10.2022 PASSED BY I ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, GADAG, IN CRIMINAL MISCELLANEOUS NO.182/2021, AND ENHANCE THE JUST AND REASONABLE MAINTENANCE TO THE PETITIONERS IN THE ENDS OF JUSTICE. THIS PETITION COMING ON FOR FINAL HEARING, THIS DAY, THE COURT MADE THE FOLLOWING: CORAM: THE HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER This petition is filed by the petitioners seeking enhancement of maintenance awarded in Crl.Misc.No.182/ 2021 by order dated 14.10.2022 passed by the I-Additional Principal Judge, Family Court, Gadag (for short “the Family Court”). - 3 - NC: 2025:KHC-D:3412 RPFC No. 100080 of 2023 2. For the sake of convenience, parties are referred to as per their rank before the Family Court. 3. It is the case of the petitioners that the marriage of petitioner No.1-wife with the respondent-husband was solemnised on 28.07.2013 and in their wedlock, petitioner No.2 and 3 were born. It is the case of the petitioners that the respondent-husband has neglected the petitioners and also ill- treated them and as such the petitioners left the matrimonial home and residing separately in the parental house of petitioner No.1. Hence, the petitioners filed Crl.Misc.No.182/2021 before the Family Court seeking maintenance. 3.1. On service of notice, respondent-husband entered appearance and filed detailed objections contending that the petitioners have left the matrimonial home without any cause and accordingly, sought for dismissal of the claim petition. 4. The Family Court, after considering the material on record, by its order dated 14.10.2022 allowed the petition in part and directed the respondent-husband to pay monthly maintenance of ₹10,000/- to petitioner No.1 and ₹5,000/- each - 4 - NC: 2025:KHC-D:3412 RPFC No. 100080 of 2023 to petitioner No.2 and 3. Feeling aggrieved by the same as inadequate, the petitioners have filed this revision petition seeking enhancement of the maintenance. 5. I have heard Sri. Srinivas B Naik, learned counsel appearing for the petitioner-wife and Sri. Vijay M Malali, learned counsel appearing for the respondent-husband. 6. It is contended by the learned counsel appearing for the petitioners that the award of maintenance made by the Family Court requires to be enhanced on the ground that the petitioners are residing at Gadag city and petitioner No.1-wife has to take care of day-to-day expenses. It is argued by the learned counsel for the petitioners that the respondent-husband is working as a lecturer in Government Polytechnic at Mundagod and the gross salary of the respondent-husband is ₹1,07,970/- per month and accordingly, sought for enhancement of maintenance. 7. Per contra, learned counsel appearing for the respondent-husband, submitted that the maintenance awarded by the Family Court is on the higher side. It is submitted that the respondent-husband has filed M.C.No.18/2022 before the - 5 - NC: 2025:KHC-D:3412 RPFC No. 100080 of 2023 Senior Civil Judge, Yellapur seeking restitution of conjugal rights since the petitioner No.1-wife, herself has left the company of the respondent-husband. Accordingly, sought for dismissal of the petition. 8. In the light of the submissions made by the learned counsel appearing for the parties, it is not in dispute that the marriage between the petitioner No.1-wife the respondent- husband was solemnised 28.07.2013 at Gadag and in their wedlock petitioner No.2 and 3 were born. The petitioner No.2 and 3 are aged about 7 years and 4 years, respectively. Taking into consideration the fact that the respondent-husband is working as a lecturer in Government Polytechnic, Mundagod and also on careful examination of the finding recorded by the Family Court at paragraph 34, the maintenance awarded by the Family Court requires to be interfered with by enhancing the same to the petitioner No.2 and 3 (children) and further taking into consideration their educational prospects, petitioner No.2 and 3 are entitled for monthly maintenance of ₹10,000/- each from the respondent herein. However, no enhancement would be made insofar as petitioner No.1-wife is concerned. With this observation, the petition is allowed in part. - 6 - NC: 2025:KHC-D:3412 RPFC No. 100080 of 2023 9. 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:ANB List No.: 2 Sl No.: 2