- 1 - NC: 2025:KHC-D:2083 RPFC No. 100116 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 3RD DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH REV.PET FAMILY COURT NO. 100116 OF 2024 BETWEEN: SRI. RAJASHEKHAR S/O. BASANAGOUDA KUSALAPUR AGE. 39 YEARS, OCC. KSRTC DRIVER, R/O. MUGABASAVA, TQ. BAILHONGAL, DIST. BELAGAVI. …PETITIONER (BY SRI. GIRISH S HIREMATH, ADVOCATE) AND: 1. SMT. RASHMI W/O RAJASHEKHAR KUSALAPUR AGE. 29 YEARS, OCC. HOUSEHOLD WORK, R/O. C/O. CHANNAMALLALPPA SIDDAPPA MORAB SUNAGAR ONI, NARENDRA, TQ.DIST. DHARWAD. 2. PRAJVAL S/O RAJASHEKHAR KUSALAPUR AGE. 6 YEARS, OCC. STUDENT, R/O. C/O. CHANNAMALLALPPA SIDDAPPA MORAB SUNAGAR ONI, NARENDRA, TQ.DIST. DHARWAD. (SINCE MINOR R/BY NATURAL MOTHER R NO.1) …RESPONDENTS (RESPONDENTS SERVED AND UNREPRESENTED) THIS RPFC IS FILED UNDER SEC.19(4) OF THE FAMILY COURT ACT, 1984, PRAYING TO, SET ASIDE THE JUDGMENT IN THE CRL.MISC.NO.199/2022 AND PASSED BY THE PRL. JUDGE, FAMILY COURT DHARWAD, DATED 17.05.2024 IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING: V N BADIGER Digitally signed by V N BADIGER Location: High Court of Karnataka, Dharwad Bench Date: 2025.02.05 15:20:33 +0530 - 2 - NC: 2025:KHC-D:2083 RPFC No. 100116 of 2024 CORAM: THE HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER (PER: THE HON'BLE MR. JUSTICE E.S.INDIRESH) 1. In this petition, the petitioner is assailing the order dated 17.05.2024 in Crl.Misc.No.199/2022 on the file of the Principal Judge, Family Court, Dharwad1 granting maintenance to the petitioner therein. 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 petitioners before the Family Court that the petitioner No.1 married the respondent on 03.05.2013 and in their wedlock petitioner No.2 is born. It is further stated in the petition that the respondent and his family members have ill-treated the petitioners and were also made demand for dowry and as such the petitioners have left the matrimonial home and now they are residing in the parents house. Taking into consideration the fact that the petitioners herein have no 1 Hereinafter referred to as ‘Family Court’ - 3 - NC: 2025:KHC-D:2083 RPFC No. 100116 of 2024 means for livelihood and as such they have filed Crl.Misc.No.199/2022 seeking maintenance. 4. After service of notice, the respondent – husband entered appearance and filed detailed objection refuting the contentions raised by the petitioners with regard to the allegations made therein and accordingly sought for dismissal of the petition. 5. The Family Court after considering the material on record, by its order dated 17.05.2024, allowed the petition in part and as such granted monthly maintenance of Rs.10,000/- to petitioner No.1 and Rs.5,000/- to petitioner No.2. Feeling aggrieved by the same, the respondent – husband has preferred this petition. 6. I have heard the learned counsel appearing for the petitioner. 7. The respondent though served, remained absent. - 4 - NC: 2025:KHC-D:2083 RPFC No. 100116 of 2024 8. Learned counsel appearing for the petitioner contended that the gross salary of the petitioner herein as per December 2022 pay-slip is Rs.22,961/- per month and therefore award of maintenance is on the higher side, which requires to be interfered with in this petition. 9. Having taken note of the submission made by the learned counsel appearing for the petitioner, it is not in dispute with regard to the relationship between the parties as the marriage of petitioner No.1 with the respondent was solemnized on 03.05.2013 and in their wedlock petitioner No.2 is born. Taking into consideration the fact that the petitioner herein has suspected the fidelity of petitioner No.1 and as such the petition No.1 along with the child left the matrimonial home. It is also not in dispute that the petitioner herein is working as driver in KSRTC. 10. Taking into consideration the fact that petitioner No.1 has to take care of her basic necessities as well as the petitioner No.2 – child, award of maintenance by the - 5 - NC: 2025:KHC-D:2083 RPFC No. 100116 of 2024 Family Court is just and proper and does not call for interference in this petition. 11. Accordingly, the revision petition is dismissed. Sd/- (E.S.INDIRESH) JUDGE SH LIST NO.: 1 SL NO.: 20