- 1 - NC: 2025:KHC-D:5302 RPFC No. 100188 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 22ND DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH REV.PET FAMILY COURT NO. 100188 OF 2023 (-) BETWEEN: SHRI RAJU S/O. KRISHNA NILAJKAR, AGE: 39 YEARS, OCC: RETIRED FROM SERVICE, ARMY NO.15331659P, C/O. COMMANDING OFFICER, 2ND ENGINEER REGIMENT, C/O. 56 A.P.O., MATTURA-914002, NOW RESIDING AT: SAMBRA, TQ: DIST: BELAGAVI-591124. …PETITIONER (BY SRI. HARISH S. MAIGUR, ADVOCATE) AND: SHRI KRISHNA S/O. CHANNAPPA NILAJKAR, AGE: 79 YEARS, OCC: AGRICULTURE, R/O. H.NO.12/A, MARUTI GALLI, SULAGA VILLAGE (HINDALGA), TQ: & DIST: BELAGAVI-591108. …RESPONDENT (BY SRI. MAHANTESH S. HIREMATH, ADVOCATE FOR R2; R1-UNCLAIMED) THIS RPFC IS FILED UNDER SECTION 19(4) OF THE FAMILY COURT ACT, 1984 PRAYING TO SET ASIDE THE ORDER PASSED IN CRL.MISC.NO.604/2017, DATED 16.10.2023, ON THE FILE OF I ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, BELAGAVI 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 Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.03.25 16:02:39 +0530 - 2 - NC: 2025:KHC-D:5302 RPFC No. 100188 of 2023 ORAL ORDER This petition is filed by the son of petitioner in Crl.Misc.No.604/2017 challenging the order dated 16.10.2023 passed by the I-Additional Principal Judge, Family Court, Belagavi (for short the “the Family Court”) granting maintenance to the petitioner-father therein. 2. For the sake of convenience, the parties are referred to as per their rank before the Family Court. 3. The petitioner in Crl.Misc.No.604/2017 is the father of the respondent therein. The petitioner had four children, who are married and living in their matrimonial home. It is the case of the petitioner-father that he is aged about 73 years and respondent-son has neglected to look after him. It is contended by the petitioner-father that he requires medical assistance and therefore, he filed Crl.Misc.No.604/2017 seeking maintenance from the respondent-son. 3.1. After service of notice, the respondent-son appeared before the Family Court and filed detailed - 3 - NC: 2025:KHC-D:5302 RPFC No. 100188 of 2023 statement of objection denying the averments made in the petition. The Family Court, after considering the material on record, by its order dated 16.10.2023 granted monthly maintenance of ₹5,000/- to the petitioner-father. Feeling aggrieved by the same, the respondent-son has presented this petition. 4. I have heard the learned counsel appearing for the respondent-son. It is contended that the petitioner- father is residing with another brother of the respondent-son and there was no impediment for the brother of the respondent to take care of the petitioner-father and accordingly, sought for interference of this Court. 5. In the light of the submission made by the learned counsel appearing for the respondent-son and taking into consideration the age of the petitioner-father, as on date is around 75 years, who is having health ailments, I am of the view that the order passed by the Family Court is just and proper and same does not call for interference of this Court. Accordingly, the petition is dismissed. - 4 - NC: 2025:KHC-D:5302 RPFC No. 100188 of 2023 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.: 1 Sl No.: 26