- 1 - NC: 2025:KHC-D:51 RPFC No. 100101 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 6TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH REV.PET FAMILY COURT NO. 100101 OF 2023 (-) BETWEEN: NINGAPPA S/O. VEERAPPA HONNAPUR, AGED ABOUT 34 YEARS, OCC. AGRICULTURE, R/O. KODIKOPPA, TQ. GADJENDRAGAD, DIST. GADAG. …PETITIONER (BY SRI. VIJAY S. CHINIWAR, SRI. IRFAN I. JALGAR AND SRI. J. S. NAIREGALI, ADVOCATES) AND: SMT. HEMAVATI ALIAS FAKIRAMMA W/O. NINGAPPA HONNAPUR, AGE. 27 YEARS, OCC. HOUSEHOLD & TAILORING, R/O.C/O DEVENDRAPPA S/O. MUDIYAPPA BANIDWAD CHIKKOPPA, TQ. AND DIST. GADAG. …RESPONDENT THIS RPFC IS FILED UNDER SECTION 19(4) OF THE FAMILY COURTS ACT- 1984, PRAYING TO CALL FOR RECORDS AND ALLOW THE PETITION BY SETTING ASIDE THE IMPUGNED JUDGMENT AND ORDER DATED 10/02/2023 PASSED BY THE LEARNED PRINCIPAL JUDGE FAMILY COURT AT GADAG IN CRIMINAL MISC.NO. 53/2022. THIS PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING: Digitally signed by MANJANNA E Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:51 RPFC No. 100101 of 2023 CORAM: THE HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER This Revision Petition is directed against the order dated 10.02.2023 passed in Criminal Miscellaneous No.53/2022 on the file of Principal Judge Family Court, Gadag (for short hereinafter referred to as ‘Family Court’) granting maintenance of Rs.10,000/- per month to the respondent. 2. It is the case of the respondent before the Family Court that the marriage between the petitioner and respondent was solemnized on 25.04.2021 at Kodikoppa village, Gadag district. It is further stated by the respondent in the claim petition that the petitioner herein at the instigation of his family members has assaulted and abused the respondent herein and being not tolerated the ill-treatment meet out from the petitioner herein, the respondent has left the matrimonial home. Hence, the respondent has filed Criminal Miscellaneous No.53/2022 before the Family Court, seeking maintenance on the ground that the respondent herein has no source of income. - 3 - NC: 2025:KHC-D:51 RPFC No. 100101 of 2023 3. In response to the notice issued by the Family Court, the respondent herein entered appearance and filed detailed objection and denied the averments made in the claim petition. 4. The Family Court after considering the material on record by its order dated 10.02.2023 directed the petitioner herein to pay monthly maintenance at Rs.10,000/- per month to respondent herein. Being aggrieved by the same, the respondent-husband has filed this revision petition. 5. Sri. Vijay S. Chiniwar, learned counsel appearing for the petitioner herein argued that the finding recorded by the Family Court is contrary to the records as the petitioner herein has no means to maintain the respondent herein and that apart he contended that the finding recorded by the Family Court that the petitioner is having 13 acres of land is opposed to factual aspect. It is also submitted that the petitioner herein is having aged mother and sister to take care of and accordingly sought for interference by this Court. 6. In the light of submission made by the learned counsel for the parties and having taken note of finding recorded by the Family Court, it is not in dispute with regard to - 4 - NC: 2025:KHC-D:51 RPFC No. 100101 of 2023 the solemnization of marriage between the petitioner and respondent on 25.04.2021. 7. On perusal of the evidence of PW1 makes it clear that the respondent herein is residing with her parents and therefore, the respondent is entitled for maintenance from the petitioner herein. The Family Court after considering the material on record, relying upon the Ex.P.6 and P.7, which are the RTC extracts to substantiate the fact that the petitioner herein along with his mother and sister had 9.33 acres of land in Sy. No.75/1 and 2.34 acre in Sy. No.117/4A/D of Naregal. In that view of the matter, as the respondent herein is residing with her parents and also stated in the petition that the mother of the respondent herein is having aged ailments and therefore, the finding recorded by the Family Court is just and proper and no interference is called for in this regard. Accordingly petition is dismissed. Sd/- (E.S.INDIRESH) JUDGE SMM CT:ANB List No.: 2 Sl No.: 10