Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 52459 (KAR)

HANAMANTAPPA S/O DYAMANNA KARKIKATT v. MADEVI W/O HANAMANTAPPA KARKIKATTI

RPFC/100051/2025 · 2025-04-17

E S Indiresh

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC-D:6546 RPFC No. 100051 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 17TH DAY OF APRIL 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH REV.PET FAMILY COURT NO. 100051 OF 2025 (-) BETWEEN: HANAMANTAPPA S/O. DYAMANNA KARKIKATTI, AGE: 60 YEARS, OCC: AGRICULTURE, R/O. REVADIHAL VILLAGE, TQ: HUBBALLI, DIST: DHARWAD-580030. …PETITIONER (BY SRI. H.N. HANCHINAMANI, ADVOCATE) AND: MADEVI W/O. HANAMANTAPPA KARKIKATTI, AGE: 49 YEARS, OCC: COOLI, R/O. KOLIWADA VILLAGE, TQ: HUBBALLI, DIST: DHARWAD-581195. …RESPONDENT THIS RPFC IS FILED UNDER SECTION 19(4) OF THE FAMILY COURT ACT 1984 PRAYING TO KINDLY SET-ASIDE THE IMPUGNED JUDGMENT AND ORDER IN CRL.MISC.NO.406/2022 ON 05.02.2024 PASSED BY THE PRINCIPAL JUDGE, FAMILY COURT, HUBBALLI AND CONSEQUENTLY DISMISS THE PETITION FILED BY THE RESPONDENT WIFE TO MEET THE ENDS OF JUSTICE; IN ALTERNATIVE MODIFY THE EXORBITANT MAINTENANCE AWARDED AND ETC. THIS PETITION, COMING ON FOR ORDERS THIS DAY, THE ORDER WAS MADE THEREIN AS UNDER: YASHAVANT NARAYANKAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - NC: 2025:KHC-D:6546 RPFC No. 100051 of 2025 CORAM: THE HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER This petition is filed by the respondent in Criminal Miscellaneous No.406/2022, challenging the order dated 05.02.2024 on the file of Principal Judge, Family Court, Hubballi (for short, hereinafter referred to as ‘Family Court’), granting maintenance to the petitioner therein. 2. Since there is a delay of 313 days in filing the petition, the petitioner herein has filed I.A.No.1/2025 under Section 5 of the Limitation Act. 3. I have carefully considered the reasons assigned in paragraph No.2 of the affidavit accompanying the application in I.A.No.1/2025. 4. Taking into consideration that, the proceedings is under Section 125 of Cr.P.C., seeking maintenance by the respondent – wife and also taking into consideration the reasons assigned in the affidavit, same cannot be accepted as ‘sufficient cause’ shown as per Section 5 of the Limitation Act and in view of the judgment passed by - 3 - NC: 2025:KHC-D:6546 RPFC No. 100051 of 2025 the Hon'ble Supreme Court in the case of Mool Chandra Vs. Union Of India1, I.A.No.1/2025 is dismissed consequently, petition is dismissed. Sd/- (E.S.INDIRESH) JUDGE SMM CT-MCK List No.: 1 Sl No.: 17 1 (2025) 1 SCC 625