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2025 DAILYLAW 52465 (KAR)

SRI. NAZEER AHAMMAD v. SMT. MAMTHAZBEGUM

RPFC/100137/2022 · 2025-02-17

E S Indiresh

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC-D:3168 RPFC No. 100137 of 2022 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 17TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH REV.PET FAMILY COURT NO. 100137 OF 2022 BETWEEN: SRI. NAZEER AHAMMAD S/O. KASHIMSAB BANKAPUR AGE: 53 YEARS, OCC:OWN PROFESSION, R/O.HDMC NO. 293, WARD NO. 28, ZONAL OFFICE-6,MADHAVANAGAR, ' HUBBALLI, DIST: DHARWAD. …PETITIONER (BY SRI J.S.SHETTY, ADVOCATE) AND: SMT. MAMTHAZBEGUM W/O. NAZEERAHAMMAD BANKAPUR AGE: 53 YEARS, OCC: HOUSEHOLD WORK, R/O. C/O. JAMALUDDIN S/O. MEHABBOBSAB ALLAHBAKSH RAPATI ONI, MALAPUR, DHARWAD, DIST: DHARWAD. …RESPONDENT THIS RPFC IS FILED UNDER SECTION 19(4) OF THE FAMILY COURT ACT, PRAYING THAT THE ORDER DATED 06.08.2021, PASSED IN CRIMINAL MISC.NO.323/2018 BY THE I ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, HUBBALLI, MAY KINDLY BE SET ASIDE, BY ALLOWING THIS REVISION PETITION WITH COST THROUGH OUT. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING: Digitally signed by V N BADIGER Location: High Court of Karnataka, Dharwad Bench - 2 - NC: 2025:KHC-D:3168 RPFC No. 100137 of 2022 CORAM: THE HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER (PER: THE HON'BLE MR. JUSTICE E.S.INDIRESH) 1. This petition is filed by the respondent – husband assailing the order dated 06.08.2021 in Crl.Misc.No.323/2019 on the file of the I Additional Principal Judge, Family Court, Hubballi1 allowing the petition in part under Section 127 of Cr.P.C. 2. Having taken note of the submission made by the learned counsel appearing for the petitioner and taking into consideration the factual aspects on record, the marriage between the petitioner and respondent was solemnized on 23.05.1984 and thereafter the parties had a female baby. It is also forthcoming from the records that the petitioner – wife has filed Crl.Misc.No.450/2012 before the Family Court and the Family Court by its order dated 13.02.2013 awarded maintenance of Rs.1,000/- to the petitioner herein. Therefore, being not satisfied with the 1 Hereinafter referred to as ‘Family Court’ - 3 - NC: 2025:KHC-D:3168 RPFC No. 100137 of 2022 same on account of escalation of price, the petitioner has filed Crl.Misc.No.323/2018 on the file of Family Court under Section 127 of Cr.P.C. The Family Court allowed the petition in part by granting maintenance of Rs.6,000/- per month. Being aggrieved by the same, the present petition is filed. 3. Taking into consideration that the marriage between the parties is solemnized and also Crl.Misc.No.450/2012 is filed by the petitioner seeking maintenance which came to be allowed and also taking into consideration the finding recorded by the Family Court at para Nos.18 and 19, I am of the view that no interference is called for in this petition. 4. Accordingly, the petition is dismissed. Sd/- (E.S.INDIRESH) JUDGE SH CT:GSM List No.: 2 Sl No.: 3