- 1 - HC-KAR NC: 2025:KHC-D:9966 RPFC No. 100188 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 7TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA REV.PET FAMILY COURT NO. 100188 OF 2024 BETWEEN: SHRI SHARANAPPA S/O. MUTTAPPA MELLAGATTI, AGE. 34 YEARS, OCC. WORKING IN BAKERY R/O. KURUBAGONDA TQ.DIST. HAVERI-581110. …PETITIONER (BY SRI. NAVEEN CHATRAD, ADVOCATE) AND: 1. SMT. ROOPA @ RENUKA W/O. SHARANAPPA MELLAGATTI AGE. 33 YEARS, OCC. STUDENT R/O. KURUBAGONDA TQ.DIST. HAVERI-581110. 2. KUMARI SINCHANA D/O. SHARANAPPA MELLAGATTI, AGE. 11 YEARS, OCC. STUDENT R/O. KURUBAGONDA TQ. AND DIST. HAVERI-581110. (RESPONDENT NO.2 IS BEING MINOR, REPRESENTED BY HER MINOR GUARDIAN NATURAL MOTHER RESPONDENT NO.1) …RESPONDENTS THIS RPFC IS FILED UNDER SECTION 19(4) OF THE FAMILY COURT ACT, PRAYING TO ALLOW THIS PETITION AND AWARD THE MAINTENANCE AMOUNT FOR PETITIONERS AS PRAYED IN THE CLAIM PETITION BY SET ASIDE THE ORDER DATED 25.09.2024 PASSED BY THE PRINCIPAL JUDGE, FAMILY COURT, HAVERI IN CRIM. MISC.NO.24/2024 AND CONSEQUENTLY DISMISS THE CLAIM PETITION, IN THE INTEREST OF JUSTICE AND EQUITY. Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.08.18 10:37:44 +0530 - 2 - HC-KAR NC: 2025:KHC-D:9966 RPFC No. 100188 of 2024 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE G BASAVARAJA) Heard learned counsel for the petitioner. 2. This revision petition is filed by the revision petitioner under Section 19(4) of the Family Courts Act challenging the exparte order passed by the Principal Judge, Family Court, Haveri in Criminal Miscellaneous No.24/2024 dated 25.09.2024. 3. On perusal of paragraph no.6 of the said order, it is clear that the trial Court has observed that in spite of service of notice of main petition, the respondent has not chosen to appear and hence was placed exparte. In the absence of respondent, the trial Court has recorded the evidence of petitioner and awarded compensation of Rs.6,000/- per month to petitioner No.1/wife and Rs.2,000/- per month to petitioner No.2/daughter. In view of proviso to Section 126 of the Cr.P.C., 1973, if the - 3 - HC-KAR NC: 2025:KHC-D:9966 RPFC No. 100188 of 2024 Magistrate is satisfied that the person against whom an order for payment of maintenance is proposed to be made is willfully avoiding service, or willfully neglecting to attend the Court, the Magistrate may proceed to hear and determine the case ex-parte and any order so made may be set aside for good cause shown on an application made within three months from thereof subject to such terms including terms as to payment of costs to the opposite party, as the Magistrate may think just and proper. 4. The revision petitioner has filed this petition within 3 months from the date of the order. When there is a specific provision under Section 126 of the Criminal Procedure Code, 1973, the revision petitioner need not approach this Court, he can avail remedy before the trial Court under proviso to Section 126 of Cr.P.C. 5. In view of aforesaid observation, the revision petition is disposed of permitting the revision petitioner/ husband to file application under the proviso of Section - 4 - HC-KAR NC: 2025:KHC-D:9966 RPFC No. 100188 of 2024 126 of the Cr.P.C., before the concerned Court. The revision petitioner is also permitted to avail benefit of Section 14 of the Limitation Act. 6. Registry to return the copy of impugned order to the petitioner’s counsel. Sd/- (G BASAVARAJA) JUDGE CKK CT-CMU LIST NO.: 1 SL NO.: 17