- 1 - HC-KAR NC: 2025:KHC:38157 RPFC No. 83 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI REV.PET FAMILY COURT NO. 83 OF 2022 BETWEEN: SRI. CHANDRA, S/O. SHIVANANJAIAH, AGED ABOUT 47 YEARS, R/O. HARAVE HALEPURA VILLAGE, CHAMARAJANAGARA TALUK, CHAMARAJANAGARA DISTRICT-571 313. …PETITIONER (BY SRI. GIRISH .B BALADARE, ADVOCATE) AND: SMT. KALAVATHI, W/O. CHANDRA, AGED ABOUT 38 YEARS, R/O. NO. 810, 7TH CROSS, NEAR MAHADESHWARA TEMPLE, JANATHA NAGAR, MYSURU CITY-570 001. …RESPONDENT (BY SRI. BASAVARAJU, ADVOCATE) THIS RPFC IS FILED UNDER SECTION 19(4) OF FAMILY COURT ACT, AGAINST THE ORDER DATED 30.10.2021 PASSED IN CRL.MISC. NO.215/2021 ON THE FILE OF THE II ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, BENGALURU, PARTLY ALLOWING THE PETITION FILED UNDER SECTION 125 OF Cr.P.C FOR MAINTENANCE. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:38157 RPFC No. 83 of 2022 CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER Aggrieved by the order passed in Crl.Misc.No.215/2021 dated 30.10.2021 by the II Addl. Principal Judge, Family Court, Mysuru, whereby the Family Court had granted maintenance of an amount of Rs.6,000/- per month to the wife. The husband is before this Court. 2. The parties are referred to as husband and wife for the sake of convenience. 3. It is the case of the wife that the husband is doing Mason work and earning an amount of Rs.25,000/- per month. Though notice is served on the husband, he has not appeared before the Family Court and the Family Court had passed the impugned order directing the husband to pay the maintenance of an amount of Rs.6,000/- per month. 4. Learned counsel appearing for the petitioner/husband submits that the relationship between the parties is seriously disputed. It is submitted that if an opportunity is given he would be adducing the necessary evidence before the Family Court and he will continue to pay - 3 - HC-KAR NC: 2025:KHC:38157 RPFC No. 83 of 2022 the maintenance of an amount of Rs.3,000/- per month to the wife as per the interim order passed by the Co-ordinate Bench of this Court. It is further submitted that he has already paid the arrears at Rs.3,000/-. 5. Learned counsel appearing for the respondent/wife submits that the husband has not paid the arrears. It is submitted that in spite of receipt of notice he has failed to appear. In those circumstances, question of remanding this matter will not arise. It is submitted that the husband has an obligation to maintain the wife which he has failed to do in this case. 6. Having heard the learned counsels on either side, perused the material on record. In this case, the husband is disputing the relationship. No doubt it is an ex-parte order and the petitioner/husband is served with the notice. Balancing the interest of both the parties, this Court deems it appropriate to pass the following: ORDER i. The impugned order passed in Crl.Misc. No.215/2021 dated 30.10.2021 by the II Addl. - 4 - HC-KAR NC: 2025:KHC:38157 RPFC No. 83 of 2022 Principal Judge, Family Court, Mysuru is set aside and the matter is remanded back to the Family Court. ii. Both the parties are at liberty to adduce the evidence. iii. The husband shall continue to pay maintenance of an amount of Rs.3,000/- per month. iv. Both the parties shall file the memo before the Family Court and if there are any arrears at Rs.3,000/- as per the interim order passed by the Co-ordinate Bench of this Court, the husband shall pay the same within a month or else, the Family Court shall reiterate the very same order. v. Both the parties shall appear before the Family Court on 27.10.2025 without further notice. vi. Accordingly, the RPFC is allowed. vii. All I.As., in the RPFC shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE BN/List No.: 2 Sl No.: 6