- 1 - NC: 2025:KHC-D:5248 RPFC No. 100062 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 21ST DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH REV.PET FAMILY COURT NO. 100062 OF 2024 BETWEEN: SHRI SHIVANAND S/O. HANUMANTHAPPA KAMALADDINI, AGED ABOUT 30 YEARS, R/O. 16/1, KANAKA NILAYA, 25 CROSS, KP AGRAHARA, MAGADI ROAD, BENGALURU 560023. …PETITIONER (BY SRI. MADANGOUDA N. PATIL, ADVOCATE) AND: 1. SMT. VIJAYALAXMI W/O. SHIVANAND KAMALADDINI, AGE: 27 YEARS, OCC: HOUSEWIFE, R/O. C/O. VIJAYALAXMI D/O. SUBHASH AMATE, H.NO.1692, KRANTI NAGAR, GANESHPUR, BELAGAVI-591108. 2. KUMARI ADVITA D/O. SHIVANAND KAMALADDINI, AGE: 3 YEARS, R/O. C/O. VIJAYALAXMI D/O. SUBHASH AMATE, H.NO.1692, KRANTI NAGAR, GANESHPUR, BELAGAVI-591108. (SINCE MINOR R/BY MINOR GUARDIAN MOTHER RESPONDENT NO.1 ) …RESPONDENTS (BY SRI. A.D. NADAF, ADVOCATE FOR R1; R2 IS MINOR R/BY R1) THIS RPFC IS FILED UNDER SECTION 19(4) OF THE FAMILY COURT ACT, 1984, PRAYING TO SET ASIDE THE JUDGMENT DATED 13.12.2023 PASSED BY THE LEARNED I ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, BELAGAVI IN CRL. MISC. NO.106/2019, TO Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.03.22 15:55:11 +0530 - 2 - NC: 2025:KHC-D:5248 RPFC No. 100062 of 2024 THIS REVISION PETITION, BY ALLOWING THIS PETITION WITH COSTS, IN THE INTEREST OF JUSTICE AND EQUITY & ETC., 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 1. This petition is filed by the respondent – husband challenging the order dated 13.12.2023 in Crl.Misc.No.106/2019 on the file of the I Additional Principal Judge, Family Court, Belagavi1 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 respondent was solemnized held during 2014 and in their wedlock petitioner No.2 is born. It is the case of the petitioners that the respondent – husband has neglected the petitioners and was also abusing petitioner 1 Hereinafter referred to as ‘Family Court’ - 3 - NC: 2025:KHC-D:5248 RPFC No. 100062 of 2024 No.1 that she delivered a baby girl and therefore, inhumanly treated the petitioners, even not provided food regularly. Hence, the petitioners have left the matrimonial home and filed Crl.Misc.No.106/2019 before the Family Court seeking maintenance from the respondent. 4. After service of notice, the respondent – husband entered appearance and filed detailed statement of objection alleging that the petitioner - wife was not cooking food and not taking care of the respondent and his family members and further petitioner No.1 was adamant in character and accordingly sought for dismissal of the petition. 5. The Family Court after considering the material on record, by its order dated 13.12.2023, allowed the petition in part by directing the respondent – husband to pay monthly maintenance of Rs.17,000/- to the petitioners. Feeling aggrieved by the same, the respondent – husband has preferred this petition. - 4 - NC: 2025:KHC-D:5248 RPFC No. 100062 of 2024 6. I have heard Sri.Madangouda N Patil, learned counsel appearing for the petitioner and Sri.A.D.Nadaf, 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 and the petitioners have left the matrimonial home without any cause and accordingly, sought for interference of this Court. 8. Per contra, learned counsel for the respondents sought to justify the impugned order and accordingly sought for dismissal of the petition. 9. In the light of the submissions made by the learned counsel for the parties and on careful examination of the finding recorded by the Family Court would indicate that the marriage of the petitioner No.1 with the respondent - husband was held during 2014 and in their wedlock petitioner No.2 is born. Perusal of the finding recorded by the Family Court would indicate that the - 5 - NC: 2025:KHC-D:5248 RPFC No. 100062 of 2024 parties are residing separately. In that view of the matter, taking into consideration the finding recorded by the Family Court at para Nos.11 and 12, I am of the view that the award of maintenance by the Family Court is just and proper and does not call for interference of this Court. 10. Accordingly, the petition is dismissed. Sd/- (E.S.INDIRESH) JUDGE SH LIST NO.: 2 SL NO.: 15