- 1 - NC: 2025:KHC-D:4784 RPFC No. 100096 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 14TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH REV.PET FAMILY COURT NO. 100096 OF 2024 BETWEEN: SHRI. MAHADEVAPPA YELLAPPA KARIKALLANAVAR, AGE: 47 YEARS, OCC: AGRICULTURE, R/O. RAMAPUR, TQ. AND DIST: DHARWAD-580011. …PETITIONER (BY SRI. R.H.ANGADI, ADVOCATE) AND: 1. SMT. MADEVI W/O. MAHADEVAPPA KARIKALLANAVAR, AGE: 37 YEARS, OCC: HOUSEHOLD, R/O. RAMAPUR, TQ. AND DIST. DHARWAD-580011. 2. KUMAR. NAGARJUN S/O. MAHADEVAPPA KARIKALLANAVAR, AGE: 17 YEARS, OCC: STUDENT, R/O. RAMAPUR, TQ. AND DIST: DHARWAD-580011, SINCE MINOR R/BY HIS NATURAL GUARDIAN MOTHER I.E. RESPONDENT NO.1. …RESPONDENTS (BY SRI. V.G.BHAT, SRI. SURAJ M.KATAGI AND SRI. J.C.GANJIGATTI, ADVOCATES) THIS RPFC IS FILED UNDER SEC.19(4) OF THE FAMILY COURT ACT, 1984, PRAYING TO, SET ASIDE THE IMPUGNED JUDGMENT AND ORDER IN CRL.MISC NO.228/2021, DATED 24.05.2024 BY THE PRINCIPAL JUDGE, FAMILY COURT, DHARWAD, AND CONSEQUENTLY DISMISS THE PETITION FILED BY RESPONDENT WIFE AND SON U/SEC 125 CR.P.C., TO MEET THE ENDS OF JUSTICE. Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.03.18 10:57:27 +0530 - 2 - NC: 2025:KHC-D:4784 RPFC No. 100096 of 2024 THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER (PER: THE HON'BLE MR. JUSTICE E.S.INDIRESH) 1. This petition is filed by the respondent – husband challenging the order dated 24.05.2024 in Crl.Misc.No.228/2021 on the file of the Principal Judge, Family Court, Dharwad1 granting maintenance to the respondents 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 before the Family Court that the marriage between the petitioner No.1 with the respondent was solemnized on 18.03.2002 and in their wedlock petitioner No.2 is born. It is the case of the petitioners that the respondent was harassing the petitioners and used to tell frequently that he was not 1 Hereinafter referred to as ‘Family Court’ - 3 - NC: 2025:KHC-D:4784 RPFC No. 100096 of 2024 interested to marry petitioner No.1 and he wants to marry a girl by name Reshma, however he was forced to marry the petitioner No.1 and accordingly he was pestering petitioner No.1 regularly, leading to want of basic necessities to the petitioners. Hence, the petitioners have left the matrimonial home and residing separately and hence filed Crl.Misc.No.228/2021 before the Family Court seeking maintenance. 4. The respondent – husband entered appearance and filed detailed statement of objection admitting the marriage with petitioner No.1. It is the specific case of the respondent that the petitioner No.1 was adamant and used to reside at her parental house and never taken care of the respondent and his family members and accordingly sought for dismissal of the petition. 5. The Family Court after considering the material on record, by its order dated 24.05.2024, awarded monthly maintenance of Rs.10,000/- to petitioner No.1 and Rs.7,000/- to the petitioner No.2 Feeling aggrieved by - 4 - NC: 2025:KHC-D:4784 RPFC No. 100096 of 2024 the same, the respondent – husband has preferred this petition. 6. I have heard Sri.R.H.Angadi, learned counsel appearing for the petitioner and Sri.V.G.Bhat, learned counsel appearing for the respondents. 7. It is contended by the learned counsel for the petitioner that the award of maintenance by the Family Court is on higher side without considering the factual aspects on record. The Family Court ought to have considered the income of the petitioner herein before quantifying the maintenance to be payable to the respondents herein and accordingly, sought for interference of this Court. 8. Per contra, learned counsel for the respondents sought to justify the impugned order. 9. In the light of the submissions made by the learned counsel for the parties, it is not in dispute that the marriage of petitioner No.1 with the respondent was - 5 - NC: 2025:KHC-D:4784 RPFC No. 100096 of 2024 solemnized on 18.03.2002 and in their wedlock petitioner No.2 is born. Perusal of the finding recorded by the Family Court would indicate that the parties are residing separately. On careful examination of the finding recorded by the Family Court would indicate that the petitioner herein has contacted second marriage. In that view of the matter, taking into consideration the fact that the petitioner herein has contacted with the second marriage and immovable property stands in the name of petitioner herein as per Ex.P.2, I am of the view that the award of maintenance by the Family Court is just and proper and does not require re-consideration. 10. Accordingly, the petition is dismissed. 11. It is also submitted by the learned counsel appearing for the petitioner that respondent No.2 herein has attained the majority and therefore, the award of maintenance cannot be granted to respondent No.2 herein. I find force in the submission made by the learned counsel appearing for the petitioner. Accordingly, the - 6 - NC: 2025:KHC-D:4784 RPFC No. 100096 of 2024 petitioner herein is directed to pay maintenance to respondent No.2 herein till he attains the age of majority. Sd/- (E.S.INDIRESH) JUDGE SH List No.: 2 Sl No.: 10