- 1 - NC: 2025:KHC-D:5529 RPFC No. 100162 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 25TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH REV.PET FAMILY COURT NO. 100162 OF 2024 (-) BETWEEN: VIJAYKUMAR S/O. MAHADEVAPPA HALABAR, AGE: 34 YEARS, OCC: SOLDIER U I D NO.080948, REG.NO.171070277, R/O. 5TH BATALIAN (BN) S S B CHAMPAVATTI, UTTARAKHAND STATE-262523. …PETITIONER (BY SRI. MAHANTESH S. HIREMATH, ADVOCATE) AND: SMT. DRAKSHAYINI W/O. VIJAYKUMAR HALBAR, AGE: 25 YEARS, OCC: HOUSEHOLD, R/O. TIMMAPUR, TQ: & DIST: BAGALKOT, NOW PRESENT AT: SWADHAR WOMEN AND GIRLS HOSTEL, K.C. RANI ROAD, GADAG, TQ: DIST: GADAG-582101. …RESPONDENT (BY SMT. CHITRA M. GOUNDALKAR, ADVOCATE) THIS RPFC IS FILED UNDER SECTION 19(4) OF THE FAMILY COURT ACT PRAYING TO THAT THE IMPUGNED ORDER DATED 10.07.2024 CRIMINAL MISC.NO.112/2023 BY THE LEARNED PRL. JUDGE, FAMILY COURT, GADAG, KINDLY BE SET ASIDE BY ALLOWING REVISION PETITION FILED BY THE PETITIONER. THIS PETITION COMING ON FOR ADMISSION THIS DAY, ORDER WAS MADE THEREIN AS UNDER: MOHANKUMAR B SHELAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - NC: 2025:KHC-D:5529 RPFC No. 100162 of 2024 CORAM: THE HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER This petition is filed by the respondent in Criminal Miscellaneous No.112/2023, challenging the order dated 10.07.2024 on the file of Principal Judge, Family Court, Gadag (for short, hereinafter referred to as ‘Family Court’), granting maintenance to the respondent herein. 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 25.04.2021. It is the case of the petitioner that, the respondent was suspecting the character of the petitioner and assaulting the petitioner and as such, the petitioner has left the matrimonial home and staying at Government Shelter Home i.e., Swadhar Women and Girls Hostel, K.C. Rani Road, Gadag. It is also stated that, the respondent has filed MC No.9/2019 seeking dissolution of marriage. It is also stated that, the respondent – husband - 3 - NC: 2025:KHC-D:5529 RPFC No. 100162 of 2024 has dissolved the marriage with his first wife. Hence, the petitioner has filed Criminal Miscellaneous No.112/2023 seeking maintenance. 4. After service of notice, the respondent was served, however, remained absent and accordingly, placed ex-parte. 5. The Family Court after considering the material on record by its order dated 10.07.2024 granted maintenance of Rs.15,400/- per month to the petitioner- wife. Feeling aggrieved by the same, the respondent- husband has preferred this petition. 6. I have heard Sri. Mahantesh S. Hiremath, learned counsel appearing for the petitioner and Smt. Chitra M. Goundalkar, learned counsel appearing for the respondent. 7. The learned counsel appearing for the petitioner contended that, the respondent has left the matrimonial home voluntarily and also stated that, fair opportunity has not been extended to the petitioner herein to contest the - 4 - NC: 2025:KHC-D:5529 RPFC No. 100162 of 2024 matter on merits and accordingly, sought for interference of this Court. 8. Per contra, the learned counsel appearing for the respondent sought to justify the impugned order. 9. It is the specific contention of learned counsel appearing for the respondent herein that, the petitioner – wife has been thrown out from the matrimonial home and she is residing at Government Shelter Home i.e., Swadhar Women and Girls Hostel, K.C. Rani Road, Gadag, and accordingly, sought for dismissal of the petition. 10. In the light of the submission made by the learned counsel appearing for the parties, I have carefully examined the finding recorded by the Family Court. It is not in dispute that, the marriage of the petitioner with the respondent – husband was solemnized on 25.04.2021. It is the case of the petitioner that, the respondent was suspecting the character of the petitioner. The said fact would makes it clear that, the parties are residing separately. - 5 - NC: 2025:KHC-D:5529 RPFC No. 100162 of 2024 11. Perusal of the finding recorded by the Family Court would indicate that, the petitioner-wife is residing at Government Shelter Home i.e., Swadhar Women and Girls Hostel, K.C. Rani Road, Gadag. Taking into consideration that, the respondent is working in Indian Army and as per the Ex.P9 and P10 the net salary of the respondent – husband is Rs.61,890/- and therefore, the award of maintenance by the Family Court is just and proper and no interference is called for in this petition. 12. Accordingly, petition is dismissed. Sd/- (E.S.INDIRESH) JUDGE SMM CT-MCK List No.: 2 Sl No.: 0