- 1 - NC: 2025:KHC-D:4991 RPFC No. 100095 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 18TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH REV.PET FAMILY COURT NO. 100095 OF 2023 (-) BETWEEN: SMT. FATHIMA W/O. MEHABOOBSAB BALSINGH, AGE: 31 YEARS, OCC: HOUSEHOLD, R/O. C/O. KASIMDOLLA @ KASIMSAB MUGUTSAB BHAGWAN, BASAPUR VILLAGE, PO. ARALIKATTI, TQ AND DIST: BELGAUM-591109. …PETITIONER (BY SRI. S.B. DODDAGOUDAR, ADVOCATE) AND: MEHABOOBSAB S/O. HATELSAB BALSINGH, AGE: 36 YEARS, OCC: GOVT. SERVANT, R/O. RAILWAY QUARTERS, 47 C., NEAR RAILWAY STATION, DHARWAD-580008. …RESPONDENT (RESPONDENT SERVED AND UNREPRESENTED) THIS RPFC IS FILED UNDER SECTION 19(4) OF THE FAMILY COURT ACT, 1984 PRAYING TO SET ASIDE THE ORDER DATED 28.07.2022 PASSED THE PRINCIPAL JUDGE, FAMILY COURT, DHARWAD IN CRL.MISC.NO.02/2020 AND CONSEQUENTLY ALLOW THE PETITION BY AWARDING MAINTENANCE TO RS.30,000/- TO THE REVISION PETITIONER TO MEET THE ENDS OF JUSTICE AND EQUITY. THIS PETITION COMING ON FOR HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: MOHANKUMAR B SHELAR Digitally signed by MOHANKUMAR B SHELAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - NC: 2025:KHC-D:4991 RPFC No. 100095 of 2023 CORAM: THE HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER This petition is filed by the petitioner - Smt. Fathima in Criminal Miscellaneous No.2/2020, challenging the order dated 28.07.2022 on the file of Principal Judge, Family Court, Dharwad (for short, hereinafter referred to as ‘Family Court’), dismissing the petition. 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 between the petitioner with the respondent was solemnized on 24.10.2011. It is also stated in the petition that, the petitioner was subjected to mental and physical cruelty and the respondent was not taking care of the petitioner and was inhumanly behaving with the petitioner. Hence, the petitioner has filed Criminal Miscellaneous No.2/2020 seeking maintenance. 4. After service of notice, the respondent-husband entered appearance and filed statement of objection. It is - 3 - NC: 2025:KHC-D:4991 RPFC No. 100095 of 2023 the specific contention of the respondent that, the petitioner has left the matrimonial home without any cause and as such, sought for dismissal of the petition. 5. The Family Court after considering the material on record by its order dated 28.07.2022 dismissed the petition. Feeling aggrieved by the same, the petitioner – wife has preferred this petition. 6. I have heard Sri. S. .B. Doddagoudar, learned counsel appearing for the petitioner. Respondent is served and remained absent. 7. The learned counsel appearing for the petitioner contended that, the reasons assigned by the Family Court denying maintenance to the petitioner is erroneous as the petitioner was neglected by the respondent and accordingly, sought for interference of this Court. 8. In the light of the submission made by the learned counsel appearing for the petitioner, I have carefully examined the finding recorded by the Family Court. It is not in dispute that, the petitioner married the respondent – husband on 24.10.2011. It is the case of the - 4 - NC: 2025:KHC-D:4991 RPFC No. 100095 of 2023 petitioner that, the petitioner has pleaded about the physical and mental cruelty caused at the instance of the respondent – husband and also she was locked in the room on many occasions without food. 9. In the back drop of these aspects, taking into consideration the pleadings narrated by the petitioner, I am of the view that, the reasons assigned by the Family Court is contrary to law and therefore, same requires to be set aside in this petition in view of the judgments of the Hon'ble Supreme Court in the case of Rajnesh Vs. Neha and Another1 and in the case of Bhuwan Mohan Singh Vs. Meena and Others2. 10. In the result, I pass the following: ORDER i) Petition is allowed. ii) Order dated 28.07.2022 in Criminal Miscellaneous No.2/2020 on the file of Principal Judge, Family Court, Dharwad is 1 (2021) 2 SCC 324 2 (2015) 6 SCC 353 - 5 - NC: 2025:KHC-D:4991 RPFC No. 100095 of 2023 set aside and remanded the matter to the Family Court for fresh consideration in the light of the observation made above. Sd/- (E.S.INDIRESH) JUDGE SMM CT-MCK List No.: 2 Sl No.: 20