- 1 - NC: 2025:KHC-D:3313 RPFC No. 100130 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 18TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH REV.PET FAMILY COURT NO. 100130 OF 2024 (-) BETWEEN: PRAKASH S/O. SHIVAJI CHAVAN, AGE. 44 YEARS, OCC. UNEMPLOYED (EARLY), R/O.BUDIHAL, TQ. GOKAK, DIST. BELAGAVI BELAGAVI-591101. …PETITIONER (BY SMT. MRINALINI PATIL, ADVOCATE) AND: 1. PRIYA W/O. PRAKASH CHAVAN AGE. 33 YEARS, OCC. PRIVATE SERVICE, R/AT. DRAXAYAI B. MULIMANI (MELED) PLOT NO. 930, RAMTEERTH NAGAR, BELAGAVI NOW AT PLOT NO. 305, AUTO NAGAR, BELAGAVI-590016 ALSO AT C/O AKKUTAI HALAGEKAR, PATIL GALLI, VADAGAON, BELAGAVI-590001. 2. KUMARI PALAK D/O. PRAKASH CHAVAN, AGE: 11 YEARS, OCC: STUDENT, R/O: DRAXAYANI B. MULIMANI (MELED) PL.NO.930, RAMTEERTH NAGAR, BELAGAVI NOW AT R/O. BUDIHAL, TAL.GOKAK, DIST. BELAGAVI, BELAGAVI-591101. …RESPONDENTS (BY SRI. PRASHANT S. KADADEVAR, ADVOCATE) ---- Digitally signed by V N BADIGER Location: High Court of Karnataka, Dharwad Bench - 2 - NC: 2025:KHC-D:3313 RPFC No. 100130 of 2024 THIS RPFC IS FILED UNDER SEC.19(4) OF THE FAMILY COURT ACT, PRAYING TO SET ASIDE THE JUDGMENT AND ORDER DATED 27.03.2024 (ANNEXURE-A) PASSED IN CRIL.MISC. NO.396/2019 BY THE HON’BLE I ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, BELAGAVI AND DISMISS THE PETITION IN CRIL. MISC. NO.396/2018 ON THE FILE OF THE HON’BLE I ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, BELAGAVI. THIS PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING: CORAM: THE HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER This petition is field by the respondent assailing the order dated 27.03.2024 in Criminal Miscellaneous No.396/2018 on the file of I Additional Principal Judge, Family Court, Belagavi (for short, hereinafter referred to as ‘Family Court), awarding maintenance to the respondents herein. 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 that, the marriage of the petitioner No.1 with the respondent was solemnized during January-2008 and in their wedlock petitioner No.2 is born. It is the case of the petitioners that, the petitioners have been physically and mentally - 3 - NC: 2025:KHC-D:3313 RPFC No. 100130 of 2024 harassed at the matrimonial home and as such, the petitioners have left the matrimonial home as the respondent neglected the petitioners. Hence, the petitioners filed Criminal Miscellaneous No.396/2018. 4. Upon service of notice, the respondent-husband entered appearance and filed statement of objection stating that, the wife was teasing the husband frequently as the respondent has not made any separate home for the petitioners. The respondent further alleged that, the behavior of the petitioner No.1 is not good at the matrimonial home and therefore, sought for dismissal of the petition. 5. The Family Court after considering the material on record by its order dated 27.03.2024 granted maintenance of Rs.8,000/- per month to the respondent herein. Feeling aggrieved by the same, the respondent- husband has preferred this petition. 6. I have heard Smt. Marinalini Patil, learned counsel appearing for the petitioner and Sri. Prashant S. - 4 - NC: 2025:KHC-D:3313 RPFC No. 100130 of 2024 Kadadevar, learned counsel appearing for the respondents. 7. It is contended by the learned counsel appearing for the petitioner that, the petitioner herein is unemployed and has to take care of his aged parents and also stated that, MC No.60/2018 is filed by the petitioner herein seeking dissolution of marriage and the said petition is allowed and therefore, it is contended that the award of maintenance by the Family Court requires to be interference by this Court. 8. Per contra, learned counsel appearing for the respondents sought to justify the impugned order. 9. In the light of submissions made by the learned counsel appearing for the parties and taking into account the judgment and decree dated 19.12.2023 in MC No.60/2018, makes it clear that, the parties are residing separately and their relationship is admitted. - 5 - NC: 2025:KHC-D:3313 RPFC No. 100130 of 2024 10. In that view of the matter, taking into account that the respondent herein resided in Belagavi city and as such award of maintenance is at Rs.8,000/- per month is just and proper and does not call for interference by this Court. 11. Accordingly, petition is dismissed. 12. Amount in deposit before this Court be transferred to the Family Court forthwith for disbursal. Sd/- (E.S.INDIRESH) JUDGE SMM CT:ANB List No.: 2 Sl No.: 11