- 1 - NC: 2025:KHC-D:366 RPFC No. 100054 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 9TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH REV.PET FAMILY COURT NO. 100054 OF 2024 (-) BETWEEN: SHRI. SANTOSH S/O. RAMA LOKAPURE, AGE: 48 YEARS, OCC. GOVT. SERVICE, R/O: H.NO. 16, DHAVALI MARGOAN, SOUTH GOA – 403601. …PETITIONER (BY SRI. B. M. PATIL, ADVOCATE) AND: 1. SMT. MALA W/O. SANTOSH LOKAPURE, AGE: 31 YEARS, OCC: HOUSEWIFE, 2. KUMARI KHUSHI D/O. SANTOSH LOKAPURE, AGE: 11 YEARS, OCC: STUDENT, 3. KUMAR SAI S/O. SANTOSH LOKAPURE, AGE: 9 YEARS, OCC: STUDENT, (SINCE R2 AND R3 ARE MINORS R/BY THEIR NEXT FRINED/NATURAL MOTHER GUARDIAN, THE R1) ALL ARE R/O CTS.NO.3893 2ND FLOOR, KAKARIVES ROAD, BELAGAVI - 590001. …RESPONDENTS (BY SRI. S. G. KULKARNI AND SRI. V. E. JAVALKAR, ADVOCATES) ------ V N BADIGER Digitally signed by V N BADIGER Date: 2025.01.10 16:38:45 +0530 - 2 - NC: 2025:KHC-D:366 RPFC No. 100054 of 2024 THIS RPFC FILED UNDER SEC.19(4) OF THE FAMILY COURT ACT, 1984, PRAYING TO ALLOW THE REVISION PETITION SET ASIDE THE ORDER DATED 03.02.2024 IN CRL.MISC.NO.64/2021 PASSED BY THE I ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, BELAGAVI IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING: CORAM: THE HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER This petition is filed by respondent-husband against judgment and decree passed in Criminal Miscellaneous No.64/2021 on the file of I Additional Principal Judge, Family Court, Belagavi, (for short hereinafter referred to as ‘Family Court’), awarding maintenance to the petitioners herein. 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 petitioners in Criminal Miscellaneous No.64/2021 that the marriage between the petitioner No.1 with the respondent was solemnized and in their wedlock two children were born i.e., petitioner Nos.2 and 3. It is the case of the petitioners that the respondent being adamant and stubborn person and was not taking care of the family and as such the respondent has neglected the petitioners resulting in the petitioners having left matrimonial - 3 - NC: 2025:KHC-D:366 RPFC No. 100054 of 2024 home and to take shelter in parental home of the petitioner No.1. It is the case of the petitioner that the respondent- husband is working as carpenter in the Government of Goa and has not taking care of the family and as such the petitioners have filed Criminal Miscellaneous No.64/2021 seeking maintenance from the respondent. 4. On service of notice, the respondent entered appearance and filed detailed objections admitting the relationship between the petitioners as well as an employee of the Government of Goa. It is the specific contention of the respondent that the petitioner No.1 was adamant and was not showing any interest in the family and as such the petitioner No.1 along with two children left the matrimonial home without cause and as such sought for dismissal of the petition. 5. The Family Court after considering the material on record by its order dated 03.02.2024, allowed the petition in part and awarded a maintenance of Rs.12,000/- per month to the petitioner No.1 and Rs.8,000/- per month each to the children i.e., petitioner Nos.2 and 3. Being aggrieved by the same, the respondent-husband has preferred this petition. - 4 - NC: 2025:KHC-D:366 RPFC No. 100054 of 2024 6. Heard Sri. B.M. Patil, learned counsel appearing for the petitioner and Sri. S.G. Kulkarni, learned counsel appearing for the respondent. 7. Sri. B.M. Patil, learned counsel appearing for the petitioner contended that the finding recorded by the Family Court quantifying the maintenance is without any basis and that apart the petitioner is drawing net salary of Rs.37,731/- per month and has to take care of his sister in the family and therefore, submitted that interference is called for in this petition. It is also submitted by learned counsel appearing for the petitioner that, no opportunity was extended to the respondent to cross examine the PW1, resulting in miscarriage of justice and accordingly, sought for interference by this Court. 8. Per contra, Sri. S. G. Kulkarni, learned counsel appearing for the respondent sought to justify the said order and submitted that though ample opportunity was extended to the petitioner herein to cross examine the PW1, however the petitioner herein failed to cross examine the PW1. It is also the contention of the learned counsel appearing for the respondent by referring to Ex.P.9 that the petitioner No.1 is suffering from breast cancer and therefore entitled huge amount for recovery - 5 - NC: 2025:KHC-D:366 RPFC No. 100054 of 2024 from the said ill-health and therefore sought for dismissal of the petition. 9. In the light of the submission made by the learned counsel appearing for the parties, it is not in dispute with regard to the relationship between the parties and also the petitioner herein is working as carpenter in the Government of Goa. On perusal of the finding recorded by the Family Court, would indicate that the petitioners and the respondent are residing separately. On perusal of the finding recorded by the Family Court at paragraph No.13 would indicate that the petitioner No.1 is suffering from Breast Cancer and further the petitioner No.2 aged about 08 years is suffering from Chronic Epilepsy, so also petitioner No.3 is suffering from Chronic Migrane Headache. 10. Though the learned counsel for the petitioner submitted that the opportunity be extended to the petitioner to cross examine the PW1 however, taking into consideration the fact that the petitioner herein is working in the Department of Agriculture as a Carpenter at the Government of Goa and further, the PW1 is having serious ill-health issue, I am of the opinion that the maintenance awarded by the Family Court is - 6 - NC: 2025:KHC-D:366 RPFC No. 100054 of 2024 just and proper by looking into the documents on record and therefore, no interference is called for in this petition. Accordingly, petition is dismissed. Sd/- (E.S.INDIRESH) JUDGE SMM CT:ANB List No.: 1 Sl No.: 36