- 1 - NC: 2025:KHC-D:5311 RPFC No. 100231 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. 100231 OF 2023 (-) BETWEEN: SMT. FATIMA W/O. RAJESAB MIRAJKAR, AGE: 52 YEARS, OCC: HOUSEHOLD WORK, R/O. HIREPETH, OLD HUBLI, TQ: HUBBALLI, DIST: DHARWAD-580020. …PETITIONER (BY SRI. A.A. PATHAN, ADVOCATE) AND: SRI. RAJESAB S/O. JATTESAB MIRAJKAR, AGE: 62 YEARS, OCC: BUSINESS, R/O. KOPPAL LAYOUT, UNKAL, TQ: HUBBALLI, DIST: DHARWAD-580020. …RESPONDENT (BY SRI. ROSHAN SAHEB CHABBI, ADVOCATE) THIS RPFC IS FILED UNDER SECTION 19(4) OF THE FAMILY COURT ACT 1984, PRAYING TO ALLOW THIS REVISION PETITION BY SETTING ASIDE THE JUDGMENT/ORDER DATED 25.09.2023 PASSED BY THE HON’BLE 1ST ADDL. PRINCIPAL JUDGE, FAMILY COURT AT HUBBALLI IN CRIMINAL MISC. NO.90/2023, IN THE INTEREST OF JUSTICE AND ETC. THIS PETITION, COMING ON FOR HEARING, 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 16:02:40 +0530 - 2 - NC: 2025:KHC-D:5311 RPFC No. 100231 of 2023 ORAL ORDER This petition is filed by the petitioner – wife in Criminal Miscellaneous No.90/2023, challenging the order dated 25.09.2023 on the file of I Additional Principal Judge, Family Court, Hubballi (for short, hereinafter referred to as ‘Family Court’), dismissing the petition. 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 23.03.1978 and in their wedlock a child is born. It is the case of the petitioner that, the respondent is running a business in the name and style as ‘R.R. Mirajkar & Sons’ vegetable and fruit commission agent in Shop No.5, APMC Yard, Amargol, Hubballi and also having two more shops in APMC Yard, Hubballi. 3.1. It is also the case of the petitioner that, the respondent has neglected the petitioner and as such, the - 3 - NC: 2025:KHC-D:5311 RPFC No. 100231 of 2023 petitioner has left the matrimonial home and residing separately and hence, the petitioner has filed Criminal Miscellaneous No.90/2023 seeking maintenance. 4. After service of notice, the respondent-husband entered appearance and filed detailed statement of objection. It is the specific contention of the respondent- husband that, the respondent got issued Talaq by virtue of the daily news paper dated 12.12.1989 and also having health issues. It is also stated in the petition that, the respondent has contracted with the second marriage and having children through second wife. Hence, the respondent sought for dismissal of the petition. 5. The Family Court after considering the material on record by its order dated 25.09.2023 dismissed the petition. Feeling aggrieved by the same, the petitioner – wife has preferred this petition. 6. I have heard Sri. A. A. Pathan, learned counsel appearing for the petitioner and Sri. Roshan Saheb Chabbi, learned counsel appearing for the respondent. - 4 - NC: 2025:KHC-D:5311 RPFC No. 100231 of 2023 7. The learned counsel appearing for the petitioner contended that, the respondent – husband is having two shops in APMC Yard, Hubballi and also having vegetable business and he is capable of taking care of the family and the said aspect of the matter was ignored by the Family Court. 8. Per contra, learned counsel appearing for the respondent sought to justify the impugned order passed by the Family Court and submitted that, the petitioner – wife is having coconut business and also capable of earning and accordingly, sought for dismissal of the petition. 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 23.03.1978 and in their wedlock a child is born. It is also forthcoming from the finding recorded by the Family Court that, the - 5 - NC: 2025:KHC-D:5311 RPFC No. 100231 of 2023 respondent got issued Talaq in favour of the petitioner on 12.12.1989. 10. Perusal of the finding recorded by the Family Court would indicate that, the parties are residing separately. Taking into consideration the finding recorded by the Family Court at paragraph No.42, the Family Court has dismissed the petition considering the health ailments of the respondent. However, the finding of the Family Court would also indicate that, the respondent – husband is having a site in APMC Market under lease cum sale agreement and also having shops in APMC Yard, Hubballi and the said aspect of the matter was ignored by the Family Court. Since, the petitioner-wife is aged about around 55 years and has to take care of a child, and in that view of the matter, the finding recorded by the Family Court declines to grant maintenance to the petitioner – wife is contrary to scope of ambit under Section 125 of Cr.P.C. 11. It is also to be noted that, the remedy provided under Section 125 of Cr.P.C., is as measure of social - 6 - NC: 2025:KHC-D:5311 RPFC No. 100231 of 2023 justice to prevent the wives from falling into destitution [See (2021) 2 SCC 325 and (2015) 6 SCC 353]. Therefore, it is a fit case to remand the matter to the Family Court for fresh disposal. 12. In the result, I pass the following: ORDER i) Petition is allowed. ii) Order dated 25.09.2023 in Criminal Miscellaneous No.90/2023 on the file of I Additional Principal Judge, Family Court, Hubballi, is set aside and the matter is remanded to the Family Court for fresh disposal in the light of the observations made above. iii) Since, the parties are represented through their learned counsel, parties are directed to appear before the Family Court on 28.04.2025 at 11.00 a.m., without waiting for further notice from the Family Court. - 7 - NC: 2025:KHC-D:5311 RPFC No. 100231 of 2023 iv) On their appearance the Family Court is requested to dispose off the same in accordance with law. Sd/- (E.S.INDIRESH) JUDGE SMM CT-MCK List No.: 1 Sl No.: 40