BASAVARAJ S/O KUBHERAPPA JAVALI v. KUMAR ISHAN S/O BASAVARAJ JAVALI
RPFC/100122/2024 · 2025-01-15
E S Indiresh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 5988 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 5988 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC-D:551 RPFC No. 100122 of 2024
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 15TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH REV.PET FAMILY COURT NO. 100122 OF 2024 (-) BETWEEN:
BASAVARAJ S/O. KUBHERAPPA JAVALI, AGE. 34 YEARS, OCC. PVT. SERVICE, R/O. KATHAVATE BUILDING, NEAR ST. ANTONY SCHOOL, BHARATI COLONY, RAVINDRANAGAR, NEAR GANAPATI TEMPLE, GOKUL ROAD, HUBBALLI.
…PETITIONER
(BY SRI. C. R. HIREMATH AND SMT. SUNITA C. HIREMATH, ADVOCATES)
AND:
1.
KUMAR ISHAN S/O. BASAVARAJ JAVALI, AGE. 2 YEARS, OCC. NIL, SINCE MINOR REPRESENTED BY HIS MOTHER RESPONDENT NO.2, HEREIN AGE. 29 YEARS, OCC. NIL
2.
SMT. NANDITA ALIAS AKSHATA W/O. BASAVARAJ JAVALI, AGE. 29 YEARS, OCC. NIL, BOTH ARE R/O. MAILAR, TQ. HOOVIN HADAGALI, DIST. BALLARY, NOW C/R AT H.NO. 57, NEAR GANAPATI TEMPLE, 2ND CROSS, RAVINAGAR, GOKUL ROAD, HUBBALLI. …RESPONDENTS (BY SRI. ABHISHEK L. KALLED AND SRI. M.S.BANAD, ADVOCATES)
V N BADIGER Digitally signed by V N BADIGER Date: 2025.01.20 10:59:43 +0530
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NC: 2025:KHC-D:551 RPFC No. 100122 of 2024
THIS RPFC IS FILED UNDER SECTION 19(4) OF THE FAMILY COURT ACT, 1984, PRAYING TO SET ASIDE ORDER DATED 27.05.2022 IN CRL.MISC.NO.44/2019 PASSED BY THE 1ST ADDL.
PRL. JUDGE, FAMILY COURT, HUBBALLI, BY ALLOWING THIS REVISION PETITIONER AND THE CRL.MISC. NO.44/2019 MAY KINDLY BE REMITTED BACK TO THE 1ST ADDL. PRL. JUDGE, FAMILY COURT, HUBBALLLI FOR FRESH CONSIDERATION BY GIVING OPPORTUNITY TO THE PETITIONER IN THE INTEREST OF JUSTICE AND EQUITY.
THIS PETITION COMING ON FOR FURTHER ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
CORAM:
THE HON'BLE MR. JUSTICE E.S.INDIRESH
ORAL ORDER
1. Heard the learned counsel for the parties.
2. This petition is filed by the respondent in Crl.Misc.No.44/2019 challenging the
order dated 27.05.2022 on the file of the I Additional Principal Judge, Family Court, Hubballi1 granting maintenance to the respondents herein.
3. Since there is delay of 673 days in filing the revision petition, I.A.No.1/2024 is filed to condone the delay in filing the revision petition. The reason assigned at paragraph No.6 of the affidavit accompanying the
1 Hereinafter referred to as ‘Family Court’
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NC: 2025:KHC-D:551 RPFC No. 100122 of 2024
application is that the petitioner herein failed to arrange the maintenance to be payable to the respondents herein and therefore the delay has caused in filing the revision petition.
4. Taking into account the reason stated at paragraph No.6 of the affidavit, the same cannot be considered as sufficient cause to condone the delay of 673 days in filing the revision petition since the petitioner herein was aware of the impugned order. Hence, I find no force in the submission made by the learned counsel for the petitioner. Accordingly, I.A.No.1/2024 is dismissed. Consequently, the revision petition is also dismissed.
Sd/- (E.S.INDIRESH) JUDGE
sh ct: ANB, List No.: 1 Sl No.: 19