CHANNABASSAYYA S/O BASAYYA CHOWKIMATH v. SMT VEENA ALIAS DEEPA W/O CHANNABASSAYYA CHOWKIMATH
RPFC/100114/2024 · 2025-01-23
E S Indiresh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 5725 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 5725 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC-D:1721 RPFC No. 100114 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. 100114 OF 2024 (-)
BETWEEN:
CHANNABASSAYYA S/O. BASAYYA CHOWKIMATH, AGE. 37 YEARS, OCC. AGRICULTURE (NOW NIL), R/O. BASTI ONI, CHIKKABASUR TQ. BYADAGI, DIST. HAVERI – 581120.
…PETITIONER (BY SRI. VEERESH S. GADAD, ADVOCATE)
AND:
1.
SMT. VEENA ALIAS DEEPA W/O. CHANNABASSAYYA CHOWKIMATH, AGE. 22 YEARS, OCC. HOUSEHOLD, R/O. CHIKKABASUR TQ. BYADAGI, DIST. HAVERI NOW AT RESIDING AT RUDRAYYA S/O. SHIVALINGAYYA VIRAKTHAMATH R/O. KABBUR TQ AND DIST. HAVERI – 581110.
2. NIRMITA D/O. CHANNABASSAYYA CHOWKIMATH AGE. 4 YEARS, R/O. CHIKKABASUR, TQ. BYADAGI, DIST. HAVERI.
NOW AT RESIDING AT RUDRAYYA S/O. SHIVALINGAYYA VIRAKTHAMATH R/O. KABBUR, TQ AND DIST HAVERI – 581110. …RESPONDENTS
MANJANNA E Digitally signed by MANJANNA E Location: High Court of Karnataka, Dharwad Bench Date: 2025.02.01 11:43:04 +0530
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NC: 2025:KHC-D:1721 RPFC No. 100114 of 2024
THIS RPFC IS FILED UNDER SECTION 19(4) OF THE FAMILY COURT ACT, 1984, PRAYING TO, SET ASIDE THE ORDER PASSED BY THE PRINCIPAL JUDGE, FAMILY COURT, HAVERI UNDER CRL.MISC.NO.96/2023 DATED 03.05.2024 IN THE ENDS OF JUSTICE AND EQUITY.
THIS PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
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.96 of 2023, challenging the order dated 03.05.2024 on the file Principal Judge, Family Court, Haveri.
3. For the sake of convenience, the parties are referred to their status and ranking before the Family Court.
4. The marriage between the petitioner No.1 with the respondent was solemnized on 14.03.2019 and in their wedlock, the petitioner No.2 is born. It is the case of the petitioners that, the petitioner No.1 was
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NC: 2025:KHC-D:1721 RPFC No. 100114 of 2024
sexually harassed by the respondent and also the respondent has neglected the petitioners and as such, the petitioner No.1 has left the matrimonial home along with child and residing with her parents. Hence the petitioners have filed Crl.Misc.No.96 of 2023 seeking maintenance.
5. On service of notice, the respondent made his appearance and filed detailed objections and denied the allegations made in the petition. The Family court, after considering material on record by its order dated 03.05.2024 awarded monthly maintenance of Rs.6,000/- to the petitioner No.1 and Rs.2,000/- to the petitioner No.2. Feeling aggrieved by the same, the respondent-husband has presented this petition.
6. Sri. Veeresh S. Gadad, learned counsel appearing for the petitioner submitted that, the finding recorded by Family Court requires to be re-considered as the
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NC: 2025:KHC-D:1721 RPFC No. 100114 of 2024
petitioner herein is having health issues and accordingly, sought for interference of this court.
7. Having taken note of the submission made by the petitioner, there is no dispute with regard to relationship between the parties, and the petitioner No.1 has left the matrimonial having not tolerated the inhuman treatment meted out by her. Taking into
consideration the fact that, the petitioner No.2 is aged about 3 years and the petitioners herein have no means for livelihood, therefore, the grant of maintenance by the Family Court is just and proper and does not call for interference in this petition. Accordingly, the Revision Petition is dismissed.
Sd/- (E.S.INDIRESH) JUDGE
SB List No.: 1 Sl No.: 23