- 1 - NC: 2025:KHC-D:5532 RPFC No. 100176 of 2023 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. 100176 OF 2023 (-) BETWEEN: SHRI. SATISH KUMAR S/O. AMATEPPA BYAKOD, AGE: 38 YEARS, OCC: SENIOR MEDICAL CODER, R/O. H.NO.M-15, A-4 BLOCK, KHB DIAMOND APARTMENT, KUMMAGHATTA ROAD, BEEDI COLONY, KANGERI SATELLITE TOWN, BENGALURU-560060. …PETITIONER (BY SRI. D.T. HEBBAR, ADVOCATE FOR SRI. GODE NAGARAJA, ADVOCATE) AND: SMT. RENUKA W/O. SATISH KUMAR BYAKOD, BEFORE MARRIAGE RENUKA D/O. BABURAO BARAMANI, AGE: 34 YEARS, OCC: HOUSEHOLD WORK, R/O. NAGASHETTYKOPPA, KESHWAPUR, POST OFFICE, HUBBALLI-580023, DIST: DHARWAD. …RESPONDENT (BY SRI. VIJAY MALALI, ADVOCATE) THIS RPFC IS FILED UNDER SECTION 19(4) OF THE FAMILY COURT ACT PRAYING TO ALLOW THE PETITION BY SETTING ASIDE IMPUGNED JUDGMENT DATED 25.07.2023 IN CRL.MISC. NO.307/2022 PASSED BY I ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, AT HUBBALLI AND ETC. THIS PETITION COMING ON FOR ADMISSION THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE E.S.INDIRESH MOHANKUMAR B SHELAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - NC: 2025:KHC-D:5532 RPFC No. 100176 of 2023 ORAL ORDER This petition is filed by the respondent in Criminal Miscellaneous No.307/2022, challenging the order dated 25.07.2023 on the file of I Additional Principal Judge, Family Court at Hubballi (for short, hereinafter referred to as ‘Family Court’), granting maintenance to the petitioner. 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-wife that, the marriage between the petitioner with the respondent was solemnized on 30.06.2020. It is the case of the petitioner that, the respondent and his parents were pressurizing the petitioner – wife to get additional dowry and also ill- treating the petitioner. It is also stated that, the respondent has contracted with second marriage. Hence, the petitioner left the matrimonial home and living separately and filed Criminal Miscellaneous No.307/2022 seeking maintenance. - 3 - NC: 2025:KHC-D:5532 RPFC No. 100176 of 2023 4. After service of notice, the respondent-husband entered appearance and filed detailed statement of objection, countering the allegation made in the claim petition. It is the case of the respondent that, the petitioner herself left the matrimonial home. Hence, the respondent sought for dismissal of the petition. 5. The Family Court after considering the material on record by its order dated 25.07.2023 granted maintenance of Rs.15,000/- per month to the petitioner- wife. Feeling aggrieved by the same, the respondent- husband has preferred this petition. 6. I have heard Sri. D. T. Hebbar, learned counsel appearing for the petitioner and Sri. Vijay Malali, learned counsel appearing for the respondent. 7. It is contended by the learned counsel appearing for the petitioner herein that, the award of maintenance by the Family Court is on the higher side and therefore, sought for interference of this Court. 8. The learned counsel appearing for the respondent invited the attention of the Court to Ex.R5 and - 4 - NC: 2025:KHC-D:5532 RPFC No. 100176 of 2023 submitted that as the gross salary of the respondent is Rs.72,083/- per month and therefore, sought to justify the impugned order. 9. 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 30.06.2020. It is also forthcoming from the finding recorded by the Family Court that, the respondent – husband has contracted with the second marriage. Hence, it could be safely held that the parties are residing separately. 10. Perusal of the finding recorded by the Family Court would makes it clear that, the respondent-husband is working as Senior Medical Coder and as per Ex.R5 the net salary of the respondent – husband is Rs.64,374/-. Hence, taking into consideration the income of the respondent – husband is concerned, the award of maintenance by the Family Court is just and proper and no interference is called for in this petition. - 5 - NC: 2025:KHC-D:5532 RPFC No. 100176 of 2023 11. Accordingly, petition is dismissed. Sd/- (E.S.INDIRESH) JUDGE SMM CT-MCK List No.: 2 Sl No.: 8