- 1 - NC: 2025:KHC-D:313 RPFC No. 100085 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 8TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH REV.PET FAMILY COURT NO. 100085 OF 2023 (-) BETWEEN: SMT. GOURAMMA W/O. SHIVANAND HEGGERI, AGE. 25 YEARS, OCC. HOUSEHOLD, R/O KERI STREET DEVIKOPPA, TQ. KALGHATGI-581204. …PETITIONER (BY SRI. H.N. HANCHINAMANI & SMT. SUSHMA NAIK, ADVOCATES) AND: SHRI. SHIVANAND S/O. MALLESHAPPA HEGGERI, AGE. 32 YEARS, OCC. PRIVATE SERVICE, R/O. SANTOSH NAGAR, NEKARNAGAR, OLD HUBBALLI-580024. …RESPONDENT (BY SMT. ANUSHA V. SANGANI, SRI. GANESH S. JITURI AND SMT. ASAMA N. MAKANDAR, ADVOCATES) ------ THIS RPFC FILED UNDER SECTION 19(4) OF THE FAMILY COURT ACT, 1984, PRAYING TO ALLOW THE REVISION PETITION BY SETTING ASIDE THE ORDER DATED 03.01.2023 PASSED BY I ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT AT HUBBALLI IN CRIMINAL MISC. NO. 64/2022 BY AWARDING MAINTENANCE OF RS. 30,000/- TO PETITIONER FROM 17.02.2022. V N BADIGER Digitally signed by V N BADIGER Date: 2025.01.10 16:39:50 +0530 - 2 - NC: 2025:KHC-D:313 RPFC No. 100085 of 2023 THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING: CORAM: THE HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER Heard the learned counsel appearing for the parties. 2. This Revision Petition is filed by the petitioner in Criminal Miscellaneous No.64/2022, challenging the order dated 03.01.2023 on the file of I Additional Principal Judge, Family Court, Hubballi, (for short hereinafter referred to as ‘Family Court’), dismissing the petition. 3. The facts in nutshell are that; the marriage between the petitioner and the respondent was solemnized on 28.06.2020 and thereafter, there is a dispute between the petitioner and the respondent. The petitioner alleged that the respondent was not taking care of the needs of the petitioner and as such without tolerating the inhuman treatment meted out by her and as such she left the matrimonial home and residing with her parents. Hence, the petitioner has filed Criminal Miscellaneous No.64/2022 on the file of Family Court seeking maintenance. - 3 - NC: 2025:KHC-D:313 RPFC No. 100085 of 2023 4. After service of notice, the respondent entered appearance and filed objections contending that the respondent has filed MC No.268/2018 against his wife-Smt. Nivedita of Ballari district and decree of divorce has been passed. It is also stated in the objections that the petitioner is the second wife, has wilfully left the matrimonial home and as such the respondent has filed MC No.264/2021, seeking restitution of conjugal rights. Even after the decree passed in the said petition, the petitioner has not joined the respondent and as such the respondent sought for dismissal of the petition. 5. The Family Court after considering the material on record by order dated 03.01.2023, dismissed the petition. Feeling aggrieved by the same, the petitioner has filed the present revision petition. 6. Heard Smt. Sushma Naik, learned counsel appearing for the petitioner and Smt. Anusha V. Sangami, learned counsel appearing for the respondent. 7. It is submitted by the learned counsel appearing for the petitioner that the reason assigned by the Family court to dismiss the petition solely on the ground that the decree has - 4 - NC: 2025:KHC-D:313 RPFC No. 100085 of 2023 been passed in MC No.264/2021 is not correct and further argued that, the said finding recorded by the Family Court requires to be set aside in this petition. 8. Per contra, the learned counsel appearing for the respondent sought to justify the impugned order on the ground that the petitioner-wife wilfully left the matrimonial home. Accordingly, sought for dismissal of the petition. 9. In the light of submission made by the learned counsel appearing for the parties it is not in dispute that the marriage between the petitioner and the respondent was solemnized on 28.06.2020. The petitioner has left the matrimonial home on the ground of illegal harassment meted out by her as stated in the petition. The Family Court having taken note of the material on record, has dismissed the petition on the ground that the petitioner herein has wilfully left the matrimonial home and has not obeyed the order passed in MC No.264/2021. The said reason assigned by the Family Court is contrary to law in view of the declaration of law made by the Hon’ble Supreme Court in the case of Rajnesh Vs. Neha and - 5 - NC: 2025:KHC-D:313 RPFC No. 100085 of 2023 Another1 and in the case of Dwarika Prasad Satpathy vs Bidyut Prava Dixit And Another2. 10. Taking into consideration the fact that the wife is residing separately from the husband even if it is concluded that she is not obeying the order passed in respect of a proceedings under Section 9 of the Hindu Marriage Act, 1955, does not disentitle the wife to claim maintenance in the matter. In that view of the matter, the finding recorded by Family Court is contrary to law and therefore, I find force in the submission made by the learned counsel for the petitioner. Hence, I pass the following: ORDER (i) Petition is allowed. (ii) Order dated 03.01.2023 passed in Criminal Miscellaneous No.64/2022 on the file of I Additional Principal Judge, Family Court, Hubballi, is set aside and the matter is remitted to the 1 (2021) 2 SCC 324 2 AIR 1999 SC 3348 - 6 - NC: 2025:KHC-D:313 RPFC No. 100085 of 2023 Family Court for fresh consideration in the light of the observation made above. (iii) In order to avoid further delay in the matter, parties are directed to appear before the Family Court on 27.01.2025 at 11.00 a.m. without awaiting any notice from the Family Court. Sd/- (E.S.INDIRESH) JUDGE SMM CT:ANB List No.: 1 Sl No.: 10