- 1 - NC: 2025:KHC-D:4980 RPFC No. 100027 of 2024 C/W RPFC No. 100134 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. 100027 OF 2024 (-) C/W REV.PET FAMILY COURT NO. 100134 OF 2024 IN R.P.F.C NO. 100027/2024 BETWEEN: 1. SMT. GAYATHRI W/O. K. NAGARAJ, AGED ABOUT 26 YEARS, R/O. WARD NO.4, BESIDE SHARABESHWARA NURSING COLLEGE, HONNALLI ROAD, GUGGARAHATTI, BALLARI-583101. 2. MINOR HIMA BINDU D/O. GAYATHRI AND K. NAGARAJ, AGED ABOUT 5 YEARS, SINCE MINOR REPRESENTED BY HER NATURAL GUARDIAN AND MOTHER, SMT. GAYATRHRI W/O. K. NAGARAJ, AGED ABOUT 26 YEARS, R/O. WARD NO.4, BESIDE SHARABESHWARA NURSING COLLEGE, HONNALLI ROAD, GUGGARAHATTI, BALLARI-583101. …PETITIONERS (BY SRI. SHIVARAJ P. MUDHOL, ADVOCATE) AND: SRI. K. NAGARAJ S/O. K. UMAPATHI, AGED ABOUT 32 YEARS, R/O. M.K. NAGAR, KOLAGAL ROAD, BALLARI-583101. …RESPONDENT (BY SRI. ANOOP G. DESHPANDE, ADVOCATE) MOHANKUMAR B SHELAR Digitally signed by MOHANKUMAR B SHELAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - NC: 2025:KHC-D:4980 RPFC No. 100027 of 2024 C/W RPFC No. 100134 of 2024 THIS RPFC IS FILED UNDER SECTION 19(4) OF THE FAMILY COURT ACT PRAYING TO SET ASIDE THE IMPUGNED ORDER PASSED BY THE PRINCIPAL JUDGE, FAMILY COURT, BALLARI IN CRL. MISC. NO.70/2022 DATED 28.03.2023 AND ENHANCE THE MAINTENANCE TO THE PETITIONER NO.2 TO GRANT THE MAINTENANCE TO THE PETITIONER NO.1 AS PRAYED IN THE PETITION BY ALLOWING THIS PETITION IN THE INTEREST OF JUSTICE AND TO AWARD THE COSTS OF THIS PETITION IN THE INTEREST OF JUSTICE AND EQUITY. IN R.P.F.C NO. 100134/2024 (-) BETWEEN: K. NAGARAJ S/O. K. UMAPATHI, AGE: 33 YEARS, OCC: MECHANIC, R/O. M.K. NAGAR, KOLAGAL ROAD, DISTRICT: BALLARI-583102. …PETITIONER (BY SRI. ANOOP G. DESHPANDE, ADVOCATE) AND: 1. GAYATHRI W/O. K. NAGARAJ, AGE: 27 YEARS, 2. HIMA BINDU D/O. GAYATHRI AND K. NAGARAJ, AGE: 6 YEARS, SINCE MINOR REPRESENTD BY NATURAL GUARDIAN (MOTHER) RESPONDENT NO.1 (GAYATHRI) BOTH ARE R/O. WARD NO.4, BESIDE SHARABESHWARA NURSING COLLEGE, HONNALLI ROAD, GUGGARAHATTI, DISTRICT: BALLARI-583102. …RESPONDENTS (BY SRI. SHIVARAJ P. MUDHOL, ADVOCATE) THIS RPFC IS FILED UNDER SECTION 19(4) OF THE FAMILY COURT ACT 1984 PRAYING TO ALLOW THIS REVISION PETITION BY - 3 - NC: 2025:KHC-D:4980 RPFC No. 100027 of 2024 C/W RPFC No. 100134 of 2024 SETTING ASIDE THE JUDGMENT AND ORDER DATED 28.03.2023 PASSED BY THE PRINCIPAL JUDGE, FAMILY COURT BALLARI IN CRIMINAL MISCELLANEOUS NO.70/2022 IN THE ENDS OF JUSTICE. THESE PETITIONS COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER RPFC No.100027/2024 is filed by the petitioners challenging the order dated 28.03.2023 in Criminal Miscellaneous No.70/2022 on the file of Principal Judge, Family Court, Ballari (for short, hereinafter referred to as ‘Family Court’), rejecting the claim petition insofar as petitioner No.1 is concerned. 2. RPFC No.100134/2024 is filed by the respondent- - husband, challenging the order dated 28.03.2023 in Criminal Miscellaneous No.70/2022 on the file of Family Court for grant of maintenance to the petitioner No.2. 3. For the sake of convenience, the parties are referred to as per their ranking before the Family Court. - 4 - NC: 2025:KHC-D:4980 RPFC No. 100027 of 2024 C/W RPFC No. 100134 of 2024 4. It is the case of the petitioners that, the marriage of the petitioner No.1 with the respondent was solemnized on 25.05.2014 and in their wedlock petitioner No.2 is born. It is the case of the petitioners that, the petitioner No.1 was subjected to assault and harassment by the respondent – husband and she was thrown out from the matrimonial home and as such, she was residing with her parents. Hence, the petitioners have filed Criminal Miscellaneous No.70/2022 seeking maintenance. 5. After service of notice, the respondent-husband entered appearance and filed statement of objection. It is the specific case of the respondent –husband that, the petitioner No.1 regularly visiting her parents house and was not taking care of the respondent and his family members and also it is contended by the respondent that, the petitioner No.1- wife caused injury to herself to make a false case against him. The respondent – husband further stated that, he has filed MC No.14/2019 under Section 9 of the Hindu Marriage, Act and therefore, it is - 5 - NC: 2025:KHC-D:4980 RPFC No. 100027 of 2024 C/W RPFC No. 100134 of 2024 contended that the petition does not survive for consideration. 6. The Family Court after considering the material on record by its order dated 28.03.2023 dismissed the petition insofar as petitioner No.1 is concerned and directed the respondent – husband to pay monthly maintenance of Rs.6,000/- to the petitioner No .2- child. Feeling aggrieved by the same, the respondent-husband has preferred RPFC No.100134/2024, challenging the award of maintenance to the petitioner No.2 and RPFC No.100027/2024 is filed by the petitioner No.1- wife seeking maintenance. 7. I have heard Sri. Shivaraj P. Mudhol, learned counsel appearing for the petitioners and Sri. Anoop G. Deshpande, learned counsel appearing for the respondent- husband. 8. The learned counsel appearing for the petitioners in RPFC No.100027/2024 contended that, the Family Court has failed to consider the fact that, the petitioner No.1 has left the matrimonial home, at the - 6 - NC: 2025:KHC-D:4980 RPFC No. 100027 of 2024 C/W RPFC No. 100134 of 2024 cause of the respondent as she was subjected to physical and mental cruelty. Therefore, the petitioner No.1 is entitled for maintenance from the respondent- husband. 9. Per contra, Sri. Anoop G. Deshpande, learned counsel appearing for the respondent – husband submitted that, the parents house of the petitioner No.1 – wife situated at the distance of half kilo meter and the petitioner No.1 – wife was regularly visiting and staying at her parents house without considering the needs of the respondent –husband and therefore, sought for dismissal of the petition insofar as the petitioner No.1-wife is concerned. 9.1. It is also contended by the learned counsel appearing for the respondent – husband that, the respondent is working as a driver and therefore, grant of maintenance in favour of petitioner No.2 requires interference. 10. In the light of the submission made by the learned counsel appearing for the parties, I have carefully - 7 - NC: 2025:KHC-D:4980 RPFC No. 100027 of 2024 C/W RPFC No. 100134 of 2024 examined the finding recorded by the Family Court. It is not in dispute that, the petitioner No.1 married respondent – husband on 25.05.2014 and in their wedlock petitioner No.2 is born. 11. Perusal of the finding recorded by the Family Court would makes it clear that, the parties are residing separately. Taking into consideration the finding recorded by the Family Court that, the petitioner No.1 herself left the matrimonial home is erroneous on the aspect that, the petitioner No.1 alleged in the claim petition that she was subjected to physical and mental assault by the respondent – husband and therefore, the finding recorded by the Family Court rejecting maintenance to the petitioner No.1 – wife is incorrect and same is requires to be revisited by the Family Court. 12. Insofar as, the award of maintenance to the petitioner No.2 is concerned, taking into consideration the finding recorded by the Family Court as the petitioner No.2 is residing with her mother – petitioner No.1 (wife) grant - 8 - NC: 2025:KHC-D:4980 RPFC No. 100027 of 2024 C/W RPFC No. 100134 of 2024 of maintenance is just and proper. Hence, I pass the following: ORDER i) RPFC No.100027/2024 is allowed. ii) RPFC No.100134/2024 is dismissed. iii) Order dated 28.03.2023 in Criminal Miscellaneous No.70/2022 on the file of Principal Judge, Family Court, Ballari is set aside insofar as denying maintenance to the petitioner No.1 and the matter is remitted to the Family Court for fresh consideration. iv) Since, the parties are represented through their counsel, parties are directed to appear before the Family Court on 22.04.2025 at 11.00 a.m., without waiting for notice from the Family Court. - 9 - NC: 2025:KHC-D:4980 RPFC No. 100027 of 2024 C/W RPFC No. 100134 of 2024 v) On their appearance, the Family Court is directed to dispose off the petition in terms of the observations made above. Sd/- (E.S.INDIRESH) JUDGE SMM List No.: 2 Sl No.: 9