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2025 DAILYLAW 5660 (KAR)

SHRI NATARAJ S/O SHIVMOORTHEPPA H v. TANUSHREE ALIAS LAKSHMI W/O NAGARAJ HADAPAD

RPFC/100101/2024 · 2025-02-20

E S Indiresh

body2025

Judgment text

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- 1 - NC: 2025:KHC-D:3523 RPFC No. 100101 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 20TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH REV.PET FAMILY COURT NO. 100101 OF 2024 (-) BETWEEN: SHRI. NATARAJ S/O. SHIVMOORTHEPPA H., AGE. 40 YEARS, OCC. PRIVATE WORK, R/O. MALAGI BUILDING, WATER TANK, B. K. KANDRALI, TQ. BELAGAVI, DIST. BELAGAVI. 590001. …PETITIONER (BY SRI. VENKATESH M. KHARVI, ADVOCATE) AND: TANUSHREE ALIAS LAKSHMI W/O. NATARAJ HADAPAD, AGE. 32 YEARS, OCC. HOUSEHOLD, R/O. PYATISAL OONI, SAINAGAR ROAD, UNKAL, TQ. HUBLI, DIST. DHARWAD 580009. …RESPONDENT (BY SRI. SADANAND M. KALABURAGI, ADVOCATE) THIS RPFC IS FILED UNDER SEC.19(4) OF THE FAMILY COURT ACT, 1984, PRAYING TO SET ASIDE THE ORDER DATED 06.12.2023 PASSED IN CRL.MISC.NO.95/2020 U/S 125 OF CR.P.C ON THE FILE OF THE PRL. JUDGE, FAMILY COURT, HUBBALLI AND ALLOW THE REVISION WITH COSTS THROUGHOUT, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION COMING ON FOR ADMISSION 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:3523 RPFC No. 100101 of 2024 CORAM: THE HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER 1. This petition is filed by the respondent – husband challenging the order dated 06.12.2023 in Crl.Misc.No.95/2020 on the file of the Principal Judge, Family Court, Hubballi1 granting maintenance to the respondent 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 before the Family Court that the marriage between the petitioner and respondent was solemnized on 30.06.2017 at Hubballi and thereafter as there is rift in the family, the petitioner was constrained to leave the matrimonial home as the respondent – husband has neglected to take care of the needs of the petitioner – wife. Hence, the petitioner has filed Crl.Misc.No.95/2020 seeking maintenance from the respondent. 1 Hereinafter referred to as ‘Family Court’ - 3 - NC: 2025:KHC-D:3523 RPFC No. 100101 of 2024 4. On service of notice, the respondent – husband entered appearance and filed detailed statement of objection countering the averments made in the petition. 5. The Family Court after considering the material on record, by its order dated 06.12.2023, granted maintenance of Rs.8,000/- to the respondent herein. Feeling aggrieved by the same, the respondent – husband has preferred this petition. 6. I have heard Sri.Venkatesh M Kharvi, learned counsel for the petitioner and Sri.Sadanand M Kalaburgi, learned counsel for the respondent. 7. Sri.Venkatesh M Kharvi, learned counsel appearing for the petitioner has contended that the maintenance awarded by the Family Court is on higher side and the Family Court has not considered the evidence of RW.1 and therefore sought for interference of this Court. It is also contended by the learned counsel appearing for the petitioner that the respondent herein is a - 4 - NC: 2025:KHC-D:3523 RPFC No. 100101 of 2024 graduate in Arts and Education and was also working at High School, Unkal and therefore sought for interference of this Court. 8. Per contra, Sri.Sadanand M Kalaburgi, learned counsel appearing for the respondent sought to justify the impugned order. 9. In the light of the submission made by the learned counsel appearing for the parties, it is not in dispute that the marriage of petitioner and respondent was solemnized on 30.06.2017 at Hubballi and in view of the rift in the family, the parties are residing separately. It is also forthcoming from the finding recorded by the Family Court that the respondent herein has left the matrimonial home on account of ill-treatment meted out by her in the matrimonial home. Taking into consideration that the respondent herein is residing at Hubballi city and therefore the grant of maintenance of Rs.8,000/- by the Family Court is just and proper and does not require any interference by this Court. - 5 - NC: 2025:KHC-D:3523 RPFC No. 100101 of 2024 10. Accordingly, the petition is dismissed. Sd/- (E.S.INDIRESH) JUDGE SH CT:ANB List No.: 1 Sl No.: 17