- 1 - HC-KAR NC: 2025:KHC-D:12425 RPFC No. 100058 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 18TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA REV.PET FAMILY COURT NO. 100058 OF 2025 BETWEEN: SRI. ANTHONY S/O. NELSON NAIR AGE-38 YEARS, OCC: DRIVER, R/O: NO. 176, 8TH CROSS, ASHRAYA COLONY, RUKMINI NAGAR, TQ/DIST-BELAGAVI, PIN CODE-590016. …PETITIONER (BY SRI. KOTRESH V. HUBBALLI, ADVOCATE) AND: 1. SMT. RAJESHWARI W/O. ANTHONY NAIR AGE-37 YEARS, OCC: PRIVATE SERVICE, R/O- C/O VITTAL FAKKIRAPPA MULLUR NO. 176, 8TH CROSS, ASHRAYA COLONY, RUKMINI NAGAR, TQ/DIST-BELAGAVI, PIN CODE-590016. 2. KUMAR ARAUSH S/O. ANTHONY NAIR AGE-06 YEARS, OCC-STUDENT, R/O- C/O. VITTAL FAKKIRAPPA MULLUR NO. 176, 8TH CROSS, ASHRAYA COLONY, RUKMINI NAGAR, TQ/DIST-BELAGAVI, PIN CODE-590016. …RESPONDENTS (BY SRI. VIJAY K. NAIK, ADVOCATE FOR R1) THIS RPFC IS FILED UNDER SECTION 19(4) OF THE FAMILY COURT ACT, 1984, PRAYING TO, ALLOW THE PETITION, SETTING ASIDE THE IMPUGNED ORDER PASSED IN MALLIKARJUN RUDRAYYA KALMATH Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Date: 2025.09.24 10:41:50 +0530 - 2 - HC-KAR NC: 2025:KHC-D:12425 RPFC No. 100058 of 2025 CRL.MISC.NO.75/2024 DATED 19.08.2024 PASSED BY THE PRINCIPAL JUDGE FAMILY COURT BELAGAVI. THIS PETITION, COMING ON FOR FURTHER ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE G BASAVARAJA) 1. Heard the learned counsel for the petitioner and the learned counsel for the respondents. 2. Petitioner, who was the respondent before the trial Court, has preferred this revision petition against the ex-parte order passed by the Principal Judge, Family Court, Belagavi. 3. For the sake of convenience, the parties are referred to as per their rank before the trial Court. 4. The brief facts leading to the filing of petition are that respondent Nos.1 and 2, Smt.Rajeshwari and her son, Kumar.Aarush, aged 6 years, filed a petition under Section 125 of the Criminal Procedure Code (for short, ‘the Cr.P.C.’) seeking maintenance. - 3 - HC-KAR NC: 2025:KHC-D:12425 RPFC No. 100058 of 2025 5. Respondent remained absent before the trial Court, and he was placed ex-parte. 6. To prove her case, Smt. Rajeshwari was examined as PW-1, and six documents were marked as Exhibits P-1 to P-6. 7. Having heard the arguments of both sides, the trial Court allowed the petition in part and passed an order directing the respondent to pay maintenance of Rs.8,000/- per month to petitioner No.1 and Rs.4,000/- per month to petitioner No.2 from the date of the petition. Being aggrieved by the said order, the respondent has preferred this revision petition. 8. Learned counsel for the petitioner submits that notice was not duly served on the petitioner, and therefore he could not appear before the trial Court. 9. The petitioner is a poor person. He does not have a permanent job nor any consistent income. He also has the responsibility of looking after his aged parents, who often suffer from health-related issues. On top of that, the - 4 - HC-KAR NC: 2025:KHC-D:12425 RPFC No. 100058 of 2025 petitioner himself has several health ailments, including high blood pressure and cardiac problems, which have arisen as a result of the mental and emotional stress inflicted by respondent No.1. Consequently, the petitioner incurs huge monthly expenses towards his medical treatment, which he is compelled to meet. 10. Respondent No.1 has completed nursing course and is employed as a nurse at Yashasvi Hospital, Belagavi, earning a monthly salary of Rs.20,000/- from the said employment. Hence, respondent No.1 has sufficient means to maintain herself. She had submitted an affidavit/certificate before the trial Court. However, the Court below erred in not observing that the affidavit/certificate of income and liabilities furnished by respondent No.1 was false. On all these grounds, the petitioner seeks to set aside the impugned order and to remand the matter to the trial Court, permitting him to file objections and to proceed with the case. On these grounds, the petitioner prays for allowing this revision petition. - 5 - HC-KAR NC: 2025:KHC-D:12425 RPFC No. 100058 of 2025 11. As against this, the learned counsel for the respondents submits that notice was duly served on the petitioner. Despite service, he did not appear before the trial Court. It is further submitted that the petitioner is working as a driver and has sufficient means to pay maintenance. Hence, there are no grounds to allow this petition, and the respondent has sought dismissal of the same. 12. On perusal of the impugned order, it is clear that the present petitioner was placed ex-parte. It is an admitted fact that the petitioner is a driver by profession. It is submitted that only after the filing of the execution petition did the petitioner come to know about the proceedings initiated by the respondent. 13. Considering the submissions of both counsel, it is just and proper to remand the case by providing an opportunity to the petitioner to file objections, subject to the condition that he pays 50% of the awarded amount - 6 - HC-KAR NC: 2025:KHC-D:12425 RPFC No. 100058 of 2025 from the date of the petition till the disposal of the case. Accordingly, I proceed to pass the following: ORDER i. The petition is partly allowed. ii. The order passed by the Principal Judge, Family Court, Belagavi, in Crl. Misc. No.75/2024 dated 19.08.2024 is set aside. iii. The case is remitted to the trial Court with a direction to provide an opportunity to the revision petitioner to file his objections and to adduce evidence. The petitioner is also permitted to adduce further evidence, if any. iv. The petitioner shall deposit the arrears of 50% of the maintenance amount awarded by the trial Court on or before 28.10.2025 before the trial Court. v. Both parties are directed to appear before the trial Court on 28.10.2025 without awaiting any further notice. - 7 - HC-KAR NC: 2025:KHC-D:12425 RPFC No. 100058 of 2025 vi. The Registry is directed to send a copy of this order to the trial Court. Sd/- (G BASAVARAJA) JUDGE AC CT-CMU LIST NO.: 1 SL NO.: 26