- 1 - HC-KAR NC: 2025:KHC:35696 RPFC No. 153 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI REV.PET FAMILY COURT NO. 153 OF 2023 BETWEEN: 1. SMT KALPANA H W/O D H BASAVARAJU, D/O HANUMAPPA AGED ABOUT 39 YEARS, 2. KUM. SHREYA D/O D H BASAVARAJU, AGED ABOUT 12 YEARS, (MINOR REP BY HER NATURAL GUARDIAN MOTHER RESPONDENT NO.1) BOTH ARE R/AT DOOR NO.1722/38, 2ND CROSS, SIDDAVERAPPA EXTENSION, DAVANAGERE-577001. &PETITIONERS (BY SRI. SREENIDHI. P., ADVOCATE) AND: D H BASAVARAJU S/O D M HOLEYAPPA, AGED ABOUT 47 YEARS, NOW R/AT DODDAGHATTA VILLAGE, NAGAVEDI POST, KANAKATTE HOBLI, ARASIKERE TALUK, HASSAN DISTRICT-573103. OLD ADDRESS, Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:35696 RPFC No. 153 of 2023 BEHIND BIG BAZAR, HASSAN-573103. &RESPONDENT (BY SRI. MADHUSUDHAN M N., ADVOCATE) RPFC IS FILED IUNDER SEC.19(4) OF THE FAMILY COURT ACT AGAINST THE ORDER DATED 1.03.2023 PASSED IN CRL.MISC.NO.11/2019 ON THE FILE OF THE JUDGE, FAMILY COURT, AT DAVANAGERE (ANNEXURE-A) AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER The present RPFC is filed aggrieved by the order passed in Crl.Misc.No.11/2019 dated 01.03.2023 by the Judge, Family Court, Davanagere whereby the family court had dismissed the petition filed by the wife for the child seeking maintenance. 2. Both the parties are referred to as husband and wife for the sake of convenience. 3. Learned counsel appearing for the petitioner/wife submits that as the order passed in OS.No.21/2019 is appealed by filing RFA No.1003/2022, the petitioner is constrained to initiate the proceedings under Section 125 of Cr.P.C. 4. Learned counsel appearing for the respondent/husband had placed before this court the order that is passed in - 3 - HC-KAR NC: 2025:KHC:35696 RPFC No. 153 of 2023 RFA.No.1003/2022 dated 05.06.2024 whereby the co-ordinate bench of this court has affirmed the judgment & decree passed in OS.No.21/2019. 5. Having heard the learned counsels on either side, perused the entire material on record. The family court has observed that already the maintenance of Rs.20,000/- per month is awarded and one forth share in the property has been allotted to the Petitioner No.2/daughter and hence they are not entitled for maintenance, aggrieved thereby the wife is before this court. 6. In the light of the fact that already the family court has granted Rs.20,000/- as maintenance to the wife and the daughter is also getting 1/4th share in the suit schedule properties, she is not entitled for maintenance under Section 125 of CrPC proceedings. This court is of the view that the family court has rightly considered & passed orders and this court finds no reason to interfere with the order. Accordingly, this court is passing the following: - 4 - HC-KAR NC: 2025:KHC:35696 RPFC No. 153 of 2023 ORDER i. The RPFC is dismissed. ii. All pending I.As., in the petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE TS List No.: 3 Sl No.: 1