- 1 - NC: 2025:KHC-D:4720 RPFC No. 100219 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 12TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH REV.PET FAMILY COURT NO. 100219 OF 2023 (-) BETWEEN: SMT. SAROJA W/O. GADIGAYYA GHANTAMATH, AGE: 46 YEARS, OCC: HOMEMAKER, R/O. RAGHAVENDRA CIRCLE, 5TH CROSS, NEKAR NAGAR, OLD HUBBALLI, HUBBALLI-580024. …PETITIONER (BY SRI. VISHWANATH S. BICHAGATTI, ADVOCATE) AND: SRI. GADIGAYYA S/O. FAKKIRAYYA GHANTAMATH, AGE: 57 YEARS, OCC: AUTO DRIVER, REAL ESTATE & FINANCE BUSINESS, R/O. RAGHAVENDRA CIRCLE, 5TH CROSS, NEKAR NAGAR, OLD HUBBALLI, HUBBALLI-580024. …RESPONDENT (BY SRI. LAXMAN T. MANTAGANI, ADVOCATE) THIS RPFC IS FILED UNDER SECTION 19(4) OF THE FAMILY COURT ACT PRAYING TO SET ASIDE IMPUGNED JUDGMENT DATED 31.05.2023 PASSED BY PRINCIPAL JUDGE, FAMILY COURT HUBBALLI, IN CRL.MISC. NO.107/2021 AND CONSEQUENTLY ALLOW THE REVISION PETITION BY AWARDING THE MAINTENANCE AMOUNT RS.30,000/- PER MONTH TO THE PETITIONER AS PRAYED. THIS PETITION COMING ON FOR HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: MOHANKUMAR B SHELAR Digitally signed by MOHANKUMAR B SHELAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - NC: 2025:KHC-D:4720 RPFC No. 100219 of 2023 CORAM: THE HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER 1. Heard the learned counsel appearing for the parties. 2. In this petition the petitioner is assailing order dated 31.05.2023 in Crl.Misc.No.107/2021 on the file of the Principal Judge, Family Court, Hubballi1 dismissing the petition. 3. For the sake of convenience, the parties are referred to as per their ranking before the Family Court. 4. It is the case of the petitioner before the Family Court that the marriage between the petitioner and respondent was solemnized on 08.04.1993 at Hubballi. It is further stated that a child was born to them. Thereafter, the respondent - husband suspected the character of the petitioner and was ill-treating the petitioner and also pestering the petitioner to get additional dowry. Hence, the petitioner has left the matrimonial home and residing 1 Hereinafter referred to as ‘Family Court’ - 3 - NC: 2025:KHC-D:4720 RPFC No. 100219 of 2023 with her parents. Therefore, the petitioner has filed 107/2021 seeking maintenance. 5. After service of notice, the respondent – husband entered appearance and filed detailed statement of objection contending that the petitioner herself has deserted the respondent denying the marital life with the respondent and also taken a contention that the petitioner has not lead the marital life with the respondent and denied the allegations made against him. 6. The Family Court after considering the material on record, by its order dated 31.05.2023 dismissed the petition and being aggrieved by the same the petitioner - wife has presented this petition. 7. I have heard Sri.Vishwanath S Bichagatti, learned counsel appearing for the petitioner and Sri.Laxman T Mantagani, learned counsel appearing for the respondent. - 4 - NC: 2025:KHC-D:4720 RPFC No. 100219 of 2023 8. It is contended by the learned counsel for the petitioner that the Family Court solely on the ground of not filing the list of assets and liabilities has dismissed the petition filed by the petitioner herein. He further contended that the petitioner has urged that the respondent has filed M.C.No.353/2022 seeking dissolution of marriage and the said aspect was not considered by the Family Court. 9. Per contra, learned counsel appearing for the respondent sought to justify the impugned order. 10. In the light of the submissions made by the learned counsel for the parties and on careful examination of the finding recorded by the Family Court would indicate that the marriage of the petitioner with respondent - husband was solemnized on 08.04.1993 and in their wedlock a child was born. On careful examination of the findings recorded by the Family Court particularly at para No.15, the Family Court has arrived at a conclusion that the petitioner has not filed list of assets and liabilities. - 5 - NC: 2025:KHC-D:4720 RPFC No. 100219 of 2023 Taking into consideration the finding recorded by the Family Court, the petitioner has stated in the claim petition that the respondent was ill-treating the petitioner and suspected the character of the petitioner and in that view of the matter, the findings recorded by the Family Court cannot be accepted as the petitioner has not resumed the conjugal rights with the respondent. Hence, it is a fit case to remand the matter to the Family Court for fresh consideration. 11. In the result, I pass the following” ORDER i. Petition is allowed. ii. Order dated 31.05.2023 in Crl.Misc.No.107/2021 on the file of Principal Judge, Family Court, Hubballi is set aside and the matter is remanded to the Family Court for fresh consideration in the light of the observations made above. - 6 - NC: 2025:KHC-D:4720 RPFC No. 100219 of 2023 iii. Since the parties are represented through their learned counsels, and in order to avoid further delay in the matter, the parties are directed to appear before the Family Court on 17.04.2025 at 11.00 a.m. iv. The Family Court is requested to dispose of the petition at the earliest. Sd/- (E.S.INDIRESH) JUDGE SH List No.: 1 Sl No.: 43