- 1 - NC: 2025:KHC-D:4364 RPFC No. 100118 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 6TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH REV.PET FAMILY COURT NO. 100118 OF 2024 (-) BETWEEN: SRI. RAGHAVENDRA M.R., AGE: 31 YEARS, OCC: GOLDSMITH, R/O. OPP. K.B. OFFICE, DAVANAGERE-577002. …PETITIONER (BY SRI. S.L. MATTI, ADVOCATE) AND: 1. SMT. PRIYANKA W/O. RAGHAVENDRA REVANAKAR, BEFORE MARRIAGE PRIYANKA D/O. PREMANAND RAIKAR, AGE: 24 YEARS, OCC: HOUSEHOLD WORK, 2. TANUSHRI D/O. RAGHAVENDRA REVANAKAR, AGE: 03 YEARS, OCC: NIL, SINCE RESPONDENT NO.2 IS MINOR R/BY HER MOTHER RESPONDENT NO.1 SMT. PRIYANKA W/O. RAGHAVENDRA REVANAKAR, BOTH ARE R/O. SOMESHWAR NAGAR, GIRIYAL ROAD, OLD HUBBALLI-580024. …RESPONDENTS (BY SRI. KAMALAKAR M. SANKESHWAR, ADVOCATE FOR R1; R2-MINOR REPRESENTED BY R1) THIS RPFC IS FILED UNDER SECTION 19(4) OF THE FAMILY COURT ACT PRAYING TO SET ASIDE AN ORDER PASSED IN CRL.MISC. NO.72/2023 DATED 21.08.2023 BY THE FIRST ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, AT HUBBALLI IN THE ENDS OF JUSTICE AND EQUITY. THIS PETITION COMING ON FOR ADMISSION THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE E.S.INDIRESH MOHANKUMAR B SHELAR Digitally signed by MOHANKUMAR B SHELAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - NC: 2025:KHC-D:4364 RPFC No. 100118 of 2024 ORAL ORDER This petition is filed by the respondent challenging the order dated 21.08.2023 in Criminal Miscellaneous No.72/2023, on the file of I Additional Principal Judge, Family Court at Hubballi (for short, hereinafter referred to as ‘Family Court’), granting maintenance to the respondents herein. 2. For the sake of convenience, the parties are referred to as per their ranking before the Family Court. 3. It is the case of the petitioner that, the marriage between the petitioner with the respondent was solemnized on 11.11.2019 and in their wedlock petitioner No.2 is born. On account of the family rift, the parties are residing separately and as such, the petitioner has filed Criminal Miscellaneous No.72/2023, seeking maintenance. 4. On service of notice, the respondent-husband entered appearance however, failed to contest the matter on merits. - 3 - NC: 2025:KHC-D:4364 RPFC No. 100118 of 2024 5. The Family Court after considering the material on record by its order dated 21.08.2023 granted maintenance of Rs.7,000/- per month to the petitioner No.1 and Rs.3,000/- per month to the petitioner No.2. Feeling aggrieved by the same, the respondent – husband has preferred this petition. 6. I have heard Sri. S.L. Matti, learned counsel appearing for the petitioner and Sri. Kamalakar M. Sankeshwar, learned counsel appearing for the respondent. 7. The learned counsel appearing for the petitioner contended that, the Family Court has not provided fair opportunity to the respondent-husband to contest the matter on merits and also it is contended that, the respondent-husband has not adduced any evidence in the mater and therefore submitted that, the violation of principle of natural justice is curtailed. Hence, he sought for interference of this Court. - 4 - NC: 2025:KHC-D:4364 RPFC No. 100118 of 2024 8. Per contra, the learned counsel appearing for the respondent sought to justify the impugned order. 9. In the light of the submissions made by the learned counsel appearing for the parties, it is not in dispute with regard to the relationship between the parties. 10. Taking into consideration the submission made by learned counsel appearing for the petitioner as the petitioner herein has not contested the matter on merits, and also not adduced evidence in the matter, I am of the view that, the matter requires to be remitted to the Family Court for adjudication on merits, by providing fair opportunity. 11. In the result, I pass the following: ORDER i) Petition is allowed. The order dated 21.08.2023 in Criminal Miscellaneous No.72/2023 on the file of I Additional Principal Judge, Family Court, Hubballi, is - 5 - NC: 2025:KHC-D:4364 RPFC No. 100118 of 2024 hereby set aside and remitted to the Family Court for fresh consideration after affording opportunity of hearing to both the sides. ii) Since, the parties are appeared through their learned counsel and in order to avoid further delay in the matter, the parties are directed to appear before the Family Court on 27.03.2025 at 11.00 a.m. iii) It is made clear that, it is open for the parties to lead evidence in the circumstances of the case. In the meanwhile, the respondent – husband is directed to pay interim maintenance of Rs.5,000/- per month to the petitioner No.1 and Rs.2,000/- per month to the petitioner No.2 without fail, till the conclusion of the proceedings before the Family Court. iv) It is made clear that, there shall not be any arrears of maintenance from the petitioner herein. Sd/- (E.S.INDIRESH) JUDGE SMM / CT-MCK List No.: 2 Sl No.: 17