- 1 - HC-KAR NC: 2025:KHC-D:12702 RPFC No. 100093 of 2023 IN THE HIGH COURT OF KARNATAKA AT DHARWAD DATED THIS THE 19TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA REV.PET FAMILY COURT NO. 100093 OF 2023 BETWEEN: MR. P.CHANDRASHEKAR S/O. LATE P. HANUMANTHU AGED ABOUT 30 YEARS, OCC: LECTURE, RUNNING SCHOOL, 1/3473-2, SMT COLONY, NEAR WISDOM PUBLIC SCHOOL, YEMMINGNUR TOWN AND TALUK, KURNOOL DISTRICT-518360, ANDRA PRADESH. …PETITIONER (BY SRI VADIRAJ PADAKANDLA, ADVOCATE.) AND: SMT. SWATHI W/O. MR. P. CHANDRASHEKAR D/O. VADDE THIMAPPA AGED ABOUT 26 YEARS, OCC: UNEMPLOYED, RESIDENT OF K.C. ROAD, BEHIND ANDHRA BANK KATTEGUDDA, BALLARI 583101. …RESPONDENT (BY SRI B.S.SANGATI, ADVOCATE.) THIS REVISION PETITION IS FILED UNDER SECTION 19(4) OF THE FAMILY COURTS ACT, PRAYING TO ALLOW THE PRESENT REVISION PETITION AND CALL FOR RECORDS AND SET ASIDE THE ORDER PASSED ON THE APPLICATION FILED BY THE MALLIKARJUN RUDRAYYA KALMATH Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Date: 2025.09.24 10:41:51 +0530 - 2 - HC-KAR NC: 2025:KHC-D:12702 RPFC No. 100093 of 2023 RESPONDENTS VIDE CRL.MISC.NO.248/2022, DATED 15.10.2022 UNDER SECTION 125 OF CR.P.C., SHOWN AS ANNEXURE-A, PASSED BY THE PRINCIPAL JUDGE, FAMILY COURT, BALLARI AND ETC.,. THIS PETITION COMING ON FOR ARGUMENTS THIS DAY, ORDER IS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE G BASAVARAJA) The petitioner has preferred this petition against the ex-parte order dated 15.10.2022, passed by the Principal Judge, Family Court, Ballari, in Criminal Miscellaneous No.248 of 2022. 2. The brief facts leading to this revision petition are that the petitioner before the trial Court Smt.Swathi, wife of P.Chandrasekhar has filed petition under Section 125 of Cr.P.C. for grant of maintenance of ₹30,000/- per month. Notice was issued to the respondent therein, but he refused to receive the notice. Hence he was placed exparte. In the absence of respondent, the trial Court has recorded the evidence of PW.1 and 07 documents were marked as Exhibits P1 to P7. Considering the evidence placed by the - 3 - HC-KAR NC: 2025:KHC-D:12702 RPFC No. 100093 of 2023 petitioner, the trial Court has allowed the petition filed under Section 125 of Cr.P.C. in part, with a direction to the respondent to pay monthly maintenance of ₹15,000/- per month from the date of petition besides to pay a sum of ₹20,000/- towards costs of present litigation. 3. Learned counsel for the revision petitioner would submit that notice was not duly served to him and he was not residing in the given address and the revision petitioner is an unemployed. He is the only member to look after his old aged mother who was suffering from old age ailments and he is however ready to take back the respondent and lead happy married life with her. The respondent is working as a receptionist at Geetha Nursing Home, Ballari and earning a salary of ₹20,000/-. She can maintain herself in a very lavish manner and she is also having movable and immovable properties. The respondent has not filed affidavit showing the assets and liabilities of the revision petitioner. Hence, he sought to remand the case to the trial Court to provide an opportunity to file objection and proceed with - 4 - HC-KAR NC: 2025:KHC-D:12702 RPFC No. 100093 of 2023 the case. Further he would submit that the petitioner has deposited a sum of ₹2,50,000/- till this day. 4. Learned counsel for respondent has admitted that the petitioner has deposited an amount of ₹2,50,000/-. Further he would submit that there are no grounds to allow this revision petition and sought for dismissal of this petition. 5. Having heard the arguments, the following points would arise for my consideration in this petition. i) Whether the Revision Petitioner has made out a ground to remand the case to the trial Court with a direction to provide an opportunity to the respondent to file objections? ii) What order? 6. My answers to the above points are as under. Point no.1 – In the affirmative. Point No.2 – As per final order, for the following: - 5 - HC-KAR NC: 2025:KHC-D:12702 RPFC No. 100093 of 2023 REASONS 7. Point No.1: I have examined the materials placed before this Court. On the basis of ex-perte evidence, the trial Court has ordered monthly maintenance of ₹15,000/-. The petitioner Smt.Swathi has not filed affidavit as to the assets and liabilities as per the decision of the Hon'ble Apex Court in the case of Rajnesh vs. Neha and another Criminal Appeal No.730 OF 2020 (Arising out of SLP (Crl.) No.9503 of 2018) dated 04.11.2020. The trial Court has not insisted to file the affidavit as to the assets and liabilities. However, on the basis of exparte evidence, the trial Court has awarded a sum of ₹15,000/- per month. Considering the facts and circumstances of the case, it is just and proper to remand the matter to the trial Court for disposal in accordance with law by providing an opportunity to the respondent to file objection. Hence, I answer the point No.1 for consideration in the affirmative. - 6 - HC-KAR NC: 2025:KHC-D:12702 RPFC No. 100093 of 2023 8. Point No.2: For the aforesaid reasons, I proceed to pass the following: ORDER i) The petition is allowed. ii) The exparte order passed by the Principal Judge, Family Court, Ballari, in Criminal Miscellaneous No.248 of 2022 dated 15.10.2022 is set aside. iii) The case is remitted back to the trial Court with a direction to provide an opportunity to the present Revision Petitioner to file his objection and thereafter proceed with the case in accordance with law. iv) Considering the facts and circumstances of this case, the Revision Petitioner is directed to pay maintenance of ₹7,500/- per month from the date of filing of petition till disposal of the case. The Revision Petitioner is also directed to pay an amount of ₹10,000/- to the petitioner wife towards costs of litigation as an interim measure. - 7 - HC-KAR NC: 2025:KHC-D:12702 RPFC No. 100093 of 2023 v) Both the parties are directed to file their affidavit with regard to assets and liabilities as per the decision of the Hon'ble Apex Court in the case of Rajnesh vs. Neha (supra). vi) Send a copy of this order along with the records to the concerned trial Court. vii) Both the parties are directed to appear before the trial Court on 30.10.2025 without awaiting further notice. Sd/- (G BASAVARAJA) JUDGE MRK CT-CMU LIST NO.: 1 SL NO.: 84