- 1 - NC: 2025:KHC-D:1720 RPFC No. 100097 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 23RD DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH REV.PET FAMILY COURT NO. 100097 OF 2024 (-) BETWEEN: SRI. ASHOK S/O. GANAPATTEPPA SAJJAN, AGE. 44 YEARS, OCC. SERVICE, R/O. PRIMARY HEALTH CENTER INDARGI DIST. KOPPAL-583281. …PETITIONER (BY SRI. NEELENDRA D GUNDE AND SRI. HANUMESH M. DESAI, ADVOCATES) AND: SMT. NAGARATNA ALIAS KAVITA W/O. ASHOK SAJJAN, AGE. 37 YEARS, OCC. HOUSEHOLD WORK, R/O. BEVOOR VILLAGE-583231 TQ: DIST. KOPPAL. …RESPONDENT (BY SRI. ANAND R. KOLLI, ADVOCATE) -------- THIS RPFC IS FILED UNDER SEC.19(4) OF THE FAMILY COURT ACT, CALL FOR THE RELEVANT RECORDS AND SET-ASIDE THE ORDER DATED 11.03.2024 PASSED BY THE PRINCIPAL JUDGE, FAMILY COURT, BAGALKOTE, IN CRL. MISC. NO.24/2021 THEREBY AWARDING RS.20,000/- PER MONTH AS MAINTENANCE FROM THE DATE OF PETITION, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING: MANJANNA E Digitally signed by MANJANNA E Location: High Court of Karnataka, Dharwad Bench Date: 2025.02.01 11:43:03 +0530 - 2 - NC: 2025:KHC-D:1720 RPFC No. 100097 of 2024 CORAM: THE HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER Heard learned counsel appearing for the parties. 2. This petition is filed by the respondent in Crl.Misc.No.24 of 2021, challenging the order dated 11.03.2024 on the file of Principal Judge, Family court at Bagalkote awarding maintenance to the petitioner therein. 3. For the sake of convenience the parties are referred to their ranking and status before the Family Court. 4. It is the case of the petitioner that, the marriage between the petitioner and respondent was solemnized about 19 years ago and in their wedlock a male child is born and he is under the care and custody of the respondent. The petitioner - 3 - NC: 2025:KHC-D:1720 RPFC No. 100097 of 2024 has filed Crl. Misc.No.294 of 2013, seeking maintenance and the Family court has awarded Rs.3,000/- per month and thereafter the petitioner-wife has filed application under Section 127 of Cr.PC., seeking enhancement of maintenance in Crl.Misc.No.24 of 2021. 5. The respondent was served before the Family Court and remained absent and as such, the Family Court has allowed the petition in part and directed the respondent -husband to pay maintenance of Rs.20,000/- per month to the petitioner-wife. Feeling aggrieved by the same, the respondent-husband has filed the present petition. 6. I have heard Sri. Neelendra D. Gunde and Hanumesh M. Desai, learned counsel appearing for the petitioner and Sri. Anand R. - 4 - NC: 2025:KHC-D:1720 RPFC No. 100097 of 2024 Kolli, learned counsel appearing for the respondent. 7. It is submitted by the learned counsel appearing for the petitioner that, no fair opportunity was extended to the respondent/petitioner herein before the Family court to put forth his case and accordingly, he sought for interference of this court. 8. On the other hand, learned counsel appearing for the respondent sought to justify the impugned order passed by the Family Court and accordingly sought for dismissal of the petition. 9. In the light of the submission made by the learned counsel appearing for the parties, there is no dispute with regard to relationship between the parties and the respondent herein has filed Crl.Misc.No.294 of 2013 under Section - 5 - NC: 2025:KHC-D:1720 RPFC No. 100097 of 2024 125 of Cr.P.C, seeking enhancement of maintenance and the Family Court has enhanced the maintenance from Rs.3,000/- to Rs.20,000/- vide order dated 11.03.2024. Taking into consideration the fact that, the petitioner herein was placed ex-parte and therefore, in the ends of justice, the petition is liable to be allowed and an opportunity to be extended to the petitioner herein to prosecute this case before the Family court. Hence, I pass the following: ORDER I) The Petition is allowed; II) Order dated 11.03.2024 in Crl. Misc.No.24 of 2021 on the file of Principal Judge, Family Court is set aside and the matter is remitted to the Family Court for fresh consideration after affording an opportunity to both the sides. - 6 - NC: 2025:KHC-D:1720 RPFC No. 100097 of 2024 III) The petitioner herein shall pay cost Rs.10,000/- to the respondent herein (wife) as litigation expenses in the present proceedings. IV) Since the parties are represented through learned counsel and as such, the parties are directed to appear before the Family Court on 20.02.2025 at 11 am without waiting for further notice in this regard. V) Till the conclusion of the proceedings before the Family Court, the petitioner herein shall pay the maintenance of Rs.10,000/- to the respondent herein as per order dated 13.06.2024 passed by this court. Sd/- (E.S.INDIRESH) JUDGE SB CT:ANB List No.: 1 Sl No.: 22