- 1 - NC: 2025:KHC-D:4978 RPFC No. 100025 of 2025 C/W RPFC No. 100149 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 18TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH REV.PET FAMILY COURT NO. 100025 OF 2025 (-) C/W REV.PET FAMILY COURT NO. 100149 OF 2023 IN R.P.F.C.NO.100025/2025 BETWEEN: 1. KUM. SHIVANGOUDA S/O. HANUMANTGOUDA LEBAGERI, AGE: 07 YEARS, OCC: STUDENT, 2. KUM. VENKATESHGOUDA S/O. HANUMANTGOUDA LEBAGERI, AGE: 05 YEARS, OCC: STUDENT, 3. KUM. HIRANMAYI D/O. HANUMANTGOUDA LEBAGERI, AGE: 03 YEARS, OCC: STUDENT, 4. SMT. SHRIDEVI W/O. HANUMANTGOUDA LEBAGERI, AGE: 36 YEARS, OCC: GOVERNMENT JOB, ALL ARE R/O. BASAVESHWAR CIRCLE, NEKAR NAGAR, OLD HUBBALLI, TQ: HUBBALLI, DIST: DHARWAD. (SINCE THE PETITIONER NO.1 TO 3 ARE MINORS REPRESENTED BY NATURAL GUARDIAN MOTHER THE PETITIONER NO.4) …PETITIONERS (BY SRI. VIJAY M. MALALI, ADVOCATE) MOHANKUMAR B SHELAR Digitally signed by MOHANKUMAR B SHELAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - NC: 2025:KHC-D:4978 RPFC No. 100025 of 2025 C/W RPFC No. 100149 of 2023 AND: HANUMANTGOUDA S/O. VEERANGOUDA LEBAGERI, AGE: 50 YEARS, OCC: GOVERNMENT DOCTOR, R/O. WARD NO.10, EXTENSION AREA, NEAR LOINS SCHOOL, BAGALKOTE, DIST: BAGALKOTE-587101. …RESPONDENT (BY SRI. SUHAS K. HOSAMANI, ADVOCATE FOR SRI. J. BASAVARJ, ADVOCATE) THIS RPFC IS FILED UNDER SECTION 19(4) OF THE FAMILY COURT ACT 1984 PRAYING TO MODIFY THE ORDER DATED 01.04.2023 IN CRL.MISC.NO.81/2020 ON THE FILE OF 1ST ADDL. PRINCIPAL JUDGE, FAMILY COURT HUBBALLI AND CONSEQUENTLY ENHANCE THE MAINTENANCE AS PRAYED IN THE PETITION, IN THE ENDS OF JUSTICE. IN R.P.F.C. NO.100149/2023 (-) BETWEEN: SHRI HANAMANTHGOUDA S/O. VEERANAGOUDA LEBAGERI, AGE: 48 YEARS, OCC: GOVERNMENT DOCTOR, R/O. WARD NO.10, EXTENSION AREA, NEAR LOINS SCHOOL, BAGALKOTE-587101. …PETITIONER (BY SRI. SUHAS K. HOSAMANI, ADVOCATE FOR SRI. J. BASAVARJ, ADVOCATE) AND: 1. KUM. SHIVANAGOUDA S/O. HANAMANTHGOUDA LEBAGERI, AGE: 09 YEARS, OCC: STUDENT, R/O. BASAVESHWAR CIRCLE, NEKAR NAGAR, OLD HUBBALLI, HUBBALLI-580024. 2. KUM. VENKATESHGOUDA S/O. HANAMANTHGOUDA LEBAGERI, - 3 - NC: 2025:KHC-D:4978 RPFC No. 100025 of 2025 C/W RPFC No. 100149 of 2023 AGE: 07 YEARS, OCC: STUDENT, R/O. BASAVESHWAR CIRCLE, NEKAR NAGAR, OLD HUBBALLI, HUBBALLI-580024. 3. KUM. HIRANMAYI D/O. HANAMANTHGOUDA LEBAGERI, AGE: 04 YEARS, OCC: STUDENT, R/O. BASAVESHWAR CIRCLE, NEKAR NAGAR, OLD HUBBALLI, HUBBALLI-580024. 4. SMT. SHRIDEVI W/O. HANAMANTHGOUDA LEBAGERI, AGE: 38 YEARS, OCC: GOVERNMENT JOB, R/O. BASAVESHWAR CIRCLE, NEKAR NAGAR, OLD HUBBALLI, HUBBALLI-580024. (SINCE R1 TO R3 ARE MINOR THEY ARE REPRESENTED BY THEIR NATURAL GUARDIAN I.E. R4) …RESPONDENTS (BY SRI. VIJAY M. MALALI, ADVOCATE FO R1; R2-R4 SERVED AND UNREPRESENTED) THIS RPFC IS FILED UNDER SECTION 19(4) OF THE FAMILY COURT ACT 1984 PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 01.04.2023 PASSED BY THE HON’BLE I ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, HUBBALLI IN CRL. MISC. NO. 81/2020 AND TO ALLOW THIS PETITION IN THE INTEREST OF JUSTICE AND EQUITY. THESE PETITIONS COMING ON FOR ADMISSION THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE E.S.INDIRESH - 4 - NC: 2025:KHC-D:4978 RPFC No. 100025 of 2025 C/W RPFC No. 100149 of 2023 ORAL ORDER RPFC No.100025/2025 is filed by the petitioners in Criminal Miscellaneous No.81/2020, challenging the order dated 01.04.2023 on the file of I Additional Principal Judge, Family Court, Hubballi (for short, hereinafter referred to as ‘Family Court’), granting maintenance to the petitioners-children. 2. RPFC No.100149/2023 is filed by the respondent – husband challenging the grant of maintenance 3. For the sake of convenience, the parties are referred to as per their ranking before the Family Court. 4. It is the case of the petitioners that, the marriage between the petitioner No.4 with the respondent was solemnized on 24.04.2012 and in their wedlock three children were born (petitioner Nos.1 to 3). It is the case of the petitioners, that the respondent – husband was ill- treating the petitioner No.4 – wife stating that she is - 5 - NC: 2025:KHC-D:4978 RPFC No. 100025 of 2025 C/W RPFC No. 100149 of 2023 having black complex and also not looking good and accordingly, inhumanly beating the petitioner No.4 and as such the petitioner No.4 has left the matrimonial home with the petitioner Nos.1 to 3. It is also stated that, the respondent – husband was addicted to alcoholic and was ill-treating, abusing with filthy language, hence, the petitioners have filed Criminal Miscellaneous No.81/2020, seeking maintenance from the respondent. 5. 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 petitioner No.4 is working at PWD Department, Hubballi Division and petitioner No.4 was adamant and ill-treating the respondent and also not taking care of needs of the respondent. It is the specific contention of the respondent – husband that, entire salary of petitioner No.4 is being utilized by his father-in-law and brother-in-law who is unemployed and therefore, the respondent sought for dismissal of the petition. - 6 - NC: 2025:KHC-D:4978 RPFC No. 100025 of 2025 C/W RPFC No. 100149 of 2023 6. The Family Court after considering the material on record by its order dated 01.04.2023 granted maintenance of Rs.10,000/- per month each to the petitioner Nos.1 to 3 . Feeling aggrieved by the same, the respondent-husband has preferred RPFC No.100149/2023 and the petitioners have preferred RPFC No.100025/2025. 7. I have heard Sri. Vijaya M. Malali, learned counsel appearing for the petitioners in RPFC No.100025/2025 and Sri. Suhas K. Hosamani, learned counsel appearing for the petitioner in RPFC No.100149/2023. 8. Sri. Suhas K. Hosamani, learned counsel appearing for the respondent-husband contended that, the Family Court has not properly assessed the quantification of maintenance despite the petitioner No.4 –wife is working as Assistant Engineer in PWD Department and accordingly, sought for interference of this Court. 9. Per contra, Sri. Vijaya M. Malali, learned counsel appearing for the petitioners contended that the grant of maintenance by the Family Court is on the lesser - 7 - NC: 2025:KHC-D:4978 RPFC No. 100025 of 2025 C/W RPFC No. 100149 of 2023 side and by looking into the salary of the respondent – husband, the award of maintenance requires to be enhanced. 10. 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 petitioner No.4 married respondent – husband and in their wedlock three children were born namely petitioner Nos.1 to 3. 11. Perusal of the finding recorded by the Family Court would indicate that, the parties are residing separately. It is also forthcoming from the evidence that, the respondent – husband is working as a Government Doctor at Ramapur and further the petitioner No.4 – wife is working as Assistant Engineer at PWD Department, Hubballi Division. 12. Taking into consideration the salary of both the petitioner No.4 and the respondent – husband is approximately same and therefore, award of maintenance by the Family Court is just and proper and no interference - 8 - NC: 2025:KHC-D:4978 RPFC No. 100025 of 2025 C/W RPFC No. 100149 of 2023 is called for in these petitions as the Family Court after considering the oral and documentary evidence on record rightly awarded Rs.10,000/- per month each to the petitioner Nos.1 to 3. 13. In the result, petitions are dismissed. Sd/- (E.S.INDIRESH) JUDGE SMM CT-MCK List No.: 2 Sl No.: 7