- 1 - NC: 2025:KHC-D:5926 RPFC No. 100077 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 3RD DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH REV.PET FAMILY COURT NO. 100077 OF 2024 (-) BETWEEN: MANJUNATH S/O. SHANKREPPA DUMMAVADA, AGE: 37 YEARS, OCC: COOLIE WORK, R/O. AANJANEYA NAGAR, NEAR MASJID, KELAGERI, DIST: DHARWAD-580007. …PETITIONER (BY SMT. POOJA RAJSHEKAR SAVADATTI, ADVOCATE) AND: 1. SMT. LAXMI W/O. MANJUNATH DUMMAWADA, AGE: 27 YEARS, OCC: HOUSEHOLD WORK, R/O. TIGADOLLI, TQ: KITTUR (BAILHONGAL) DIST: BELAGAVI-591115. 2. KUMARI PRANATI D/O. MANJUNATH DUMMAVADA, AGE: 05 YEARS, R/O. TIGADOLLI, TQ: KITTUR, DIST: BELAGAVI-591115. (REPRESENTED BY HER NATURAL GUARDIAN MOTHER RESPONDENT NO.1) …RESPONDENTS THIS RPFC IS FILED UNDER SEC.19(4) OF THE FAMILY COURT ACT PRAYING TO SET ASIDE THE IMPUGNED JUDGMENT AND ORDER DATED 18.10.2023 IN CRL.MISC. NO.97/2021 BY THE COURT OF CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS, KITTUR, AT BELAGAVI AND CONSEQUENTLY DISMISS THE PETITION FILED BY THE RESPONDENT HEREIN, UNDER SECTION 127 OF CR.P.C. TO MEET THE ENDS OF JUSTICE. ASHPAK KASHIMSA MALAGALADINNI Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - NC: 2025:KHC-D:5926 RPFC No. 100077 of 2024 THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER This petition is filed by the respondent in Criminal Miscellaneous No.97/2021, challenging the order dated 18.10.2023 on the file of Civil Judge and JMFC, Kittur (for short, hereinafter referred to as ‘Family Court’), granting maintenance to the petitioners therein. 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 that, petitioner No.1 is the wife of the respondent and petitioner No.2 is the daughter of petitioner No.1 and the respondent. The petitioners have filed Criminal Miscellaneous No.86/2015, seeking maintenance which came to be allowed and as such, the Competent Court has granted maintenance to the petitioners. - 3 - NC: 2025:KHC-D:5926 RPFC No. 100077 of 2024 4. Thereafter, the petitioners have filed application under Section 127 of Cr.P.C., seeking enhancement of maintenance on changed circumstances. Hence, the petitioners have filed Criminal Miscellaneous No.97/2021. 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, he has constructed building on cost of Rs.20 lakhs and further contended that, he is facing financial crisis and accordingly, sought for dismissal of the petition. 6. The Family Court after considering the material on record by its order dated 18.10.2023, granted maintenance of Rs.10,000/- per month to the petitioner Nos.1 and 2 together. Feeling aggrieved by the same, the respondent-husband has preferred this petition. 7. I have heard Smt. Pooja Rajshekar Savadatti, learned counsel appearing for the petitioner. 8. The learned counsel appearing for the petitioner contended that, the petitioner herein has contracted with the second marriage and has divorced the respondent - 4 - NC: 2025:KHC-D:5926 RPFC No. 100077 of 2024 No.1 herein and petitioner being a coolie, the award of maintenance is on the higher side and accordingly, sought for interference of this Court. 9. In the light of the submission made by the learned counsel appearing for the petitioner, I have carefully examined the finding recorded by the Family Court. It is not in dispute that, the marriage of the petitioner No.1 with the respondent – husband was solemnized and in their wedlock petitioner No.2 is born. 10. The petitioners have filed Criminal Miscellaneous No.86/2015 before the Family Court under Section 125 of Cr.P.C., which came to be allowed by granting maintenance, as per Ex.P.1. Thereafter, the petitioners have preferred Criminal Miscellaneous No.97/2021 under Section 127 of Cr.P.C., seeking enhancement. 11. Taking into consideration the education prospects of the petitioner No.2-daughter of the petitioner No.1 and the respondent- husband, I am of the view that, - 5 - NC: 2025:KHC-D:5926 RPFC No. 100077 of 2024 the award of maintenance by the Family Court is just and proper and no interference is called for in this petition. 12. Accordingly, petition is dismissed. Sd/- (E.S.INDIRESH) JUDGE SMM CT-MCK List No.: 1 Sl No.: 16