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2025 DAILYLAW 47399 (KAR)

UDAY KUMAR S/O. N. DEVENDRAPPA, v. B JYOTI ALIAS SANGEETA W/O. UDAY KUMAR

RPFC/100171/2024 · 2025-03-18

E S Indiresh

body2025

Judgment text

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- 1 - NC: 2025:KHC-D:4986 RPFC No. 100171 of 2024 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. 100171 OF 2024 (-) BETWEEN: UDAY KUMAR S/O. N. DEVENDRAPPA, AGED 33 YEARS, OCC: WORKING IN MOBILE SERVICES AND REPAIR, R/O. HANUMAN NAGAR, BALLARI. …PETITIONER (BY SRI. PRASHANT MATHAPATI, ADVOCATE) AND: B. JYOTI @ SANGEETA W/O. UDAY KUMAR, AGED 30 YEARS, OCC: HOUSEWIFE, R/O. H.NO.130, W.NO.10, 3RD CROSS, RANITHOTA, BALLARI. …RESPONDENT (BY SRI. V.P. VADAVI & RONALD J.H., ADVOCATES) THIS RPFC IS FILED UNDER SECTION 19(4) OF THE FAMILY COURT ACT, 1984 PRAYING TO SET ASIDE THE ORDER DATED 25.07.2024 PASSED BY THE PRINCIPAL JUDGE, FAMILY COURT AT BALLARI IN CRL.MISC.NO.113/2023 AND ETC. THIS PETITION COMING ON FOR ADMISSION THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.03.22 15:55:11 +0530 - 2 - NC: 2025:KHC-D:4986 RPFC No. 100171 of 2024 CORAM: THE HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER 1. This petition is filed by the respondent challenging the Order dated 25.07.2024 in Cri. Misc. No.113/2023 on the file of Prl. Judge, Family Court at Ballari, granting maintenance to the respondent herein. 2. For the sake of convenience, parties are referred to as per their ranking before the Family Court, Ballari. 3. It is the case of the petitioner that, marriage of the petitioner with respondent – husband was solemnized on 06.12.2013 and thereafter, the petitioner was residing in the matrimonial home for a few days and thereafter left the matrimonial home as the respondent contracted with the second marriage with another lady. The petitioner has lodged complaint before the Women Police Station, Ballari, and same was registered in Crime No.59/2023. Hence, the petitioner has filed Crl.Misc.113/2023 seeking maintenance. 4. On service of notice, the respondent entered appearance and filed statement of objections denying the allegations made - 3 - NC: 2025:KHC-D:4986 RPFC No. 100171 of 2024 against the respondent. It is the case of the respondent that, the petitioner was adamant and was not taking care of the needs of the respondent and was neglecting the respondent and accordingly sought for dismissal of the petition. 5. The Family Court, after considering the material on record, by its Order dated 25.07.2024, allowed the petition in part, and granted maintenance of ₹10,000/- per month to the petitioner/wife. Feeling aggrieved by the same, the respondent/husband has presented this revision petition. 6. I have heard Sri. Prashant Mathapati, learned counsel for the petitioner and Sri. V.P. Vadavi, learned counsel for the respondent. 7. Sri. Prashant Mathapati, learned counsel appearing for the petitioner contended that award of maintenance by the Family Court is on the higher side which requires to be interfered with since the respondent/husband is working as a head mason. 8. Per contra, Sri. V.P. Vadavi, learned counsel for the respondent sought to justify the impugned order. - 4 - NC: 2025:KHC-D:4986 RPFC No. 100171 of 2024 9. In the light of the submissions made by the learned counsel for the parties, there is no dispute with regard to relationship between the parties. The Family Court, having taken note of the fact that the petitioner is residing separately and also criminal case is lodged against the respondent/husband, and accordingly awarded maintenance of of ₹10,000/- per month to the petitioner/wife which is just and proper. Taking into consideration the finding recorded by the Family Court, as the working as head mason and further the petitioner/wife is residing at Ballari City, award of maintenance made by the Family Court is just and proper and therefore, no interference is called for in this petition. 10. Accordingly, the Revision Petition is dismissed. Sd/- (E.S.INDIRESH) JUDGE sac CT-MCK List No.: 2 Sl No.: 14