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2025 DAILYLAW 47654 (KAR)

SHRI MANJUNATH S/O JHANUMANTAPPA GUMMAGOL v. SMT. LAXMI ALIAS RENUKA W/O MANJUNATH GUMMAGOL

RPFC/100073/2023 · 2025-03-24

E S Indiresh

body2025

Judgment text

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- 1 - NC: 2025:KHC-D:5396 RPFC No. 100073 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 24TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH REV.PET FAMILY COURT NO. 100073 OF 2023 (-) BETWEEN: SHRI MANJUNATH S/O. HANUMANTAPPA GUMMAGOL, AGE: 38 YEARS, OCC: COOLIE, R/O. TALAWI VILLAGE, TQ: & DIST: DHARWAD. …PETITIONER (BY SRI. SHRIKANT T. PATIL, ADVOCATE) AND: 1. SMT. LAXMI @ RENUKA W/O. MANJUNATH GUMMAGOL, AGE: 29 YEARS, OCC: COOLIE, R/O. TALAVAYI, NOW AT C/O. BASAPPA SHIRANNI, VADED ONI, AMMINABHAVI, DIST: DHARWAD-581201. 2. PAVITRA D/O. MANJUNATH GUMMAGOL, AGE: 12 YEARS, OCC: STUDENT, MINOR R/BY MINOR GUARDIAN SMT. LAXMI @ RENUKA W/O. MANJUNATH GUMMAGOL, AGE: 29 YEARS, OCC: COOLIE, R/O. TALAVAYI, NOW AT C/O. BASAPPA SHIRANNI, VADED ONI, AMMINABHAVI, DIST: DHARWAD- 581201. …RESPONDENTS (R1-SERVED & UNREPRESENTED; R2-MINOR REP. BY R1) Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: High Court of Karnataka, Dharwad Bench - 2 - NC: 2025:KHC-D:5396 RPFC No. 100073 of 2023 THIS RPFC IS FILED UNDER SECTION 19(4) OF THE FAMILY COURT ACT 1984, PRAYING TO THAT THE ORDER PASSED BY PRINCIPAL JUDGE FAMILY COURT, DHARWAD IN CRIMINAL MISC. NO.300/2019 DATED 23.09.2022 BE SET ASIDE. THIS PETITION COMING ON FOR FURTHER ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER 1. This petition is filed by the respondent in Crl.Misc.No.300 of 2019 challenging the order dated 23.09.2022 on the file of Principal Judge Family Court, Dharwad, granting maintenance to the petitioners therein. 2. For the sake of convenience, the parties in this petition shall be referred to in terms of their status and ranking before the Family Court. 3. It is the case of the petitioners that, marriage of the petitioner No.1 with the respondent was solemnized on 04.04.2013 at Kavalgeri Village. In - 3 - NC: 2025:KHC-D:5396 RPFC No. 100073 of 2023 their wedlock petitioner No.2 is born. It is the case of the petitioners that, the respondent was suspecting the character of petitioner No.1 and assaulting the petitioner No.1 regularly, and was not taking care of the needs of the petitioners and as such, the petitioners have left the matrimonial home, and therefore, the petitioners have filed Crl.Misc.No.300 of 2019, seeking maintenance from respondent-husband. 4. After service of notice respondent entered appearance and denied the averments made in the claim petition. It is the case of the respondent that, the petitioner No.1 is quarrelsome lady and behaving indecently with the in-laws and also creating scene in the matrimonial home and therefore, it is contended by the respondent that, the petitioners have left the matrimonial home without any cause and accordingly, sought for dismissal of the claim petition. - 4 - NC: 2025:KHC-D:5396 RPFC No. 100073 of 2023 5. The Family court after considering the material on record by its order dated 23.09.2022 allowed the petition in part and awarded Rs.4,000/- to the petitioner No.1 and Rs.3,000/- per month to the petitioner No.2. Feeling aggrieved by the same, respondent-husband has presented this petition. 6. I have heard Sri. Shrikant T. Patil, learned counsel appearing for the petitioner and respondents are served but unrepresented. 7. Sri. Shrikanth T. Patil, learned counsel appearing for the petitioner contended that the award of maintenance granted by the Family Court is on the higher side and the respondents herein are having sufficient means for their livelihood and accordingly, sought for interference of this Court. 8. In the light of the submission made by the learned counsel appearing for the petitioner, there is - 5 - NC: 2025:KHC-D:5396 RPFC No. 100073 of 2023 no dispute with regard to the relationship between the parties. The marriage of the petitioner No.1 with the respondent was solemnized on 04.04.2013 and in their wedlock Petitioner No.2 is born. Taking into consideration the fact that, the parties are residing separately and the petitioner No.1 has to take care of her minor child petitioner No.2 and as the respondents are herein are residing at Amminbhavi, Dharwad City, I do not find any merit in the petition. Accordingly, the Revision Petition is dismissed. Sd/- (E.S.INDIRESH) JUDGE SB CT-MCK List No.: 2 Sl No.: 12