- 1 - NC: 2025:KHC-D:5250 RPFC No. 100191 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 21ST DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH REV.PET FAMILY COURT NO. 100191 OF 2024 (-) BETWEEN: 1. ABDUL IMRAN S/O. LATE MEHABOOB HUSSAIN NALBAND, AGE: 33 YEARS, OCC: BUSINESS, R/O. SAJJIHOLA ONI, KOPPAL-583231. 2. ABDUL SADHIKH, S/O. LATE MEHABOOB HUSSAIN NALBAND, AGE: 27 YEARS, OCC: BUSINESS, R/O. SAJJIHOLA ONI, KOPPAL-583231. …PETITIONERS (BY SRI. B.C. JNANAYYA SWAMI, ADVOCATE) AND: SMT. MEHABBOB BI W/O. LATE MEHABBOB HUSSAIN NALBAND, AGE: 54 YEARS, OCC: HOUSEHOLD, R/O. HUBBALLI CHANDRAPPA LAYOUT, KOPPAL-583231. …RESPONDENT (RESPONDENT SERVED AND UNREPRESENTED) THIS RPFC IS FILED UNDER SECTION 19(4) OF THE FAMILY COURT ACT, 1984 PRAYING TO SET-ASIDE THE IMPUGNED ORDER IN CRL.MISC.NO.360/2020 DATED 26.09.2024 PASSED BY THE LEARNED PRINCIPAL JUDGE FAMILY COURT KOPPAL, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION COMING ON FOR ADMISSION 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 Date: 2025.03.22 15:55:14 +0530 - 2 - NC: 2025:KHC-D:5250 RPFC No. 100191 of 2024 ORAL ORDER This petition is filed by the respondents-children challenging the order dated 26.09.2024 in Crl.Misc.No.360/ 2020 on the file of the Principal Judge, Family Court, Koppal (for short “the Family Court”) granting maintenance to the petitioner therein. 2. For the sake of convenience, the parties are referred as per their rank before the Family Court. 3. It is the case of the petitioner that the petitioner has married Mehaboob Hussain Nalband on 21.07.1984 and having a daughter by name Reshma. The daughter is married and residing with her husband. Respondent No.1 and 2 are the children of Mehaboob Hussain Nalband through his second wife- Rabiya. The second wife-Rabiya is also having three daughters and is working as a government teacher. It is stated that the husband of the petitioner-Mehaboob Hussain Nalband died on 03.02.2020 leaving behind immovable properties. It is the case of the petitioner that nobody is looking after the petitioner. Hence, the petitioner has filed Crl.Misc.No.360/2020 seeking maintenance. - 3 - NC: 2025:KHC-D:5250 RPFC No. 100191 of 2024 3.1. After service of notice, the respondents entered appearance and denied the averments made in the petition. The Family Court, after considering the material on record, by its order dated 26.09.2024 granted maintenance of ₹5,000/- per month to the petitioner and feeling aggrieved by the same, the respondents have preferred this petition. 4. Sri. B. C. Jnyanayya Swami, learned counsel appearing for the petitioners herein contended that the respondent herein is not the wife of their father-Mehaboob Hussain Nalband and further submitted that, the award of maintenance is on the higher side. 5. Having taken note of the submission made by the learned counsel appearing for the petitioners herein and on careful examination of the findings recorded by the Family Court makes it clear that the petitioners herein have failed to prove that the respondent herein is not the wife of Mehaboob Hussain Nalband. Taking into consideration the fact that the petitioners herein have succeeded to the land property of their father-Mehaboob Hussain Nalband, I am of the view that the award of maintenance by the Family Court is just and proper - 4 - NC: 2025:KHC-D:5250 RPFC No. 100191 of 2024 and further taking into consideration the age of the petitioner as on today is around 60 years, no interference is called for in this petition. Accordingly, the petition being devoid of merit stands dismissed. 6. 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.: 17