MALLESHAPPA S/O AVAPPA MALAGIMANI v. SMT. SUMALATA ALIAS LAXMAVVA W/O MALLESHAPPA MALAGIMANI
RPFC/100076/2024 · 2025-03-17
E S Indiresh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 47441 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 47441 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC-D:4868 RPFC No. 100076 of 2024
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 17TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH REV.PET FAMILY COURT NO. 100076 OF 2024 (-) BETWEEN:
MALLESHAPPA S/O. AVAPPA MALAGIMANI, AGE: 45 YEARS, OCC: AGRICULTURE, R/O. SHAH BAZAR, NEAR M.D. HOSPITAL, BANKAPUR, TQ: SHIGGOAN, DIST: HAVERI-581202. …PETITIONER (BY SRI. YARAGAMBLIMATH MRITYUNJAYA, ADVOCATE) AND:
SMT. SUMALATA @ LAXMAVVA W/O. MALLESHAPPA MALAGIMANI, AGE: ABOUT 33 YEARS, OCC: PRIVATE SERVICE/TAILORING, R/O. C/O. MAHADEVAPPA RAMAPPA HOSAMANI, HOSRITTI, TQ & DIST: HAVERI-581213. …RESPONDENT
THIS RPFC IS FILED UNDER SECTION 19(4) OF THE FAMILY COURT ACT 1984 PRAYING TO ALLOW THE PRESENT PETITION AND TO SET-ASIDE THE ORDER PASSED IN CRL.MISC. NO.74/2023 DATED 01.02.2024 PASSED BY THE FAMILY COURT, HAVERI IN THE INTEREST OF JUSTICE AND EQUITY.
THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM:
THE HON'BLE MR. JUSTICE E.S.INDIRESH
MOHANKUMAR B SHELAR Digitally signed by MOHANKUMAR B SHELAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH
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NC: 2025:KHC-D:4868 RPFC No. 100076 of 2024
ORAL ORDER
This petition is filed by the respondent-husband in Crl.Misc.No.74/2023 on the file of the Principal Judge, Family Court, Haveri (for short “the Family Court”) challenging the
order dated 01.02.2024 granting maintenance to the petitioner- wife.
2. The parties are referred to as per their rank before the Family Court.
3. Having taken note of the submissions made by the
learned counsel appearing for the respondent-husband and also the finding recorded by the Family Court, it is not in dispute that the marriage between the petitioner-wife and the respondent-husband was solemnized on 09.05.2021 and thereafter on account of family rift, the parties are residing separately. Hence, the petitioner-wife filed Crl.Misc.No.74/2023 before the Family Court seeking monthly maintenance from the respondent-husband.
4. The respondent-husband entered appearance before the Family Court and contested the matter. The Family Court, after considering the material on record, by its order
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NC: 2025:KHC-D:4868 RPFC No. 100076 of 2024
dated 01.02.2024 granted maintenance of ₹7,000/- per month to the petitioner-wife and feeling aggrieved by the same, the respondent-husband has filed this petition.
5. Taking into consideration the factual aspects on record and the finding recorded by the Family Court in quantifying the monthly maintenance of ₹7,000/- to the petitioner-wife is just and proper and looking into the fact that the respondent-husband is having immovable properties as well as agricultural properties and in that view of the matter, no interference is called for in this petition. Accordingly, the petition 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.: 3