- 1 - NC: 2025:KHC-D:2375 RPFC No. 100119 of 2022 C/W RPFC No. 100145 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 6TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH REV.PET FAMILY COURT NO. 100119 OF 2022 (-) C/W REV.PET FAMILY COURT NO. 100145 OF 2023 IN RPFC NO.100119/2022 BETWEEN: SMT. LALITA W/O. MAILARAPPA BETAGERI, AGE. 48 YEARS, OCC. HOUSEHOLD WORK, R/O. C/O. ANIL YALIGAR, 32, RAM RUKMINI NIYALA, YALAKKI SHETTAR COLONY, SHANKARPUR, TQ. AND DIST. DHARWAD 580004. …PETITIONER (BY SRI. ROSHAN SAHEB CHABBI, ADVOCATE) AND: SHRI. MAILARAPPA S/O. MALLAPPA BETAGERI, AGE. 53 YEARS, OCC. POLICE CONSTABLE -1183, R/O. M. M. BETAGERI, SHIVABASAVA NAGAR, 3RD CROSS, HAVERI, NOW WORKING RESIDING AT. MAILARAPPA BETAGERI, KAGINELE POLICE STATION. TQ. BYADAGI, DIST. HAVERI 581110. …RESPONDENT (BY SRI. VIDYASHANKAR G. DALWAI, ADVOCATE) THIS RPFC IS FILED UNDER SECTION 19(4) OF THE FAMILY COURT ACT, PRAYING THAT MODIFY THE IMPUGNED ORDER DATED 07.05.2022 PASSED BY THE LEARNED PRINCIPAL JUDGE, FAMILY COURT, DHARWAD IN CRL.MISC. NO.279/2021 DENYING TO GRANT V N BADIGER Digitally signed by V N BADIGER Location: High Court of Karnataka, Dharwad Bench Date: 2025.02.11 16:17:54 +0530 - 2 - NC: 2025:KHC-D:2375 RPFC No. 100119 of 2022 C/W RPFC No. 100145 of 2023 MONTHLY MAINTENANCE BEYOND RS.7,000/- PER MONTH, AND CONSEQUENTLY, ALLOW THE TOP NOTED APPEAL AND DIRECT THE RESPONDENT TO PAY TO THE PETITIONER A SUM OF RS.40,000/- PER MONTH AS MONTHLY MAINTENANCE. IN RPFC NO.100145/2023 BETWEEN: MAILARAPPA S/O. MALLAPPA BETAGERI, AGE. 55 YEARS, OCC. POLICE CONSTABLE - 1183, R/O. M.M. BETAGERI, SHIVABASAV NAGAR, 3RD CROSS, HAVERI, NOW RESIDING AT MAILARAPPA BETAGERI, KAGINELE POLICE STATION, TQ. BYDAGI, DIST. HAVERI-581110 …PETITIONER (BY SRI. VIDYASHANKAR G. DALWAI, ADVOCATE) AND: SMT. LALITHA W/O. MAILARAPPA BETAGERI, AGE. 50 YEARS, OCC: HOUSEHOLD WORK, R/O. C/O. ANIL YELIGAR, 32, RAM RUKMINI NILAYA, YALAKKI SHETTAR COLONY, SHANKARPUR, DHARWAD-580004. …RESPONDENT (BY SRI.ROSHAN SAHEB CHABBI, ADVOCATE) -------- THIS RPFC IS FILED UNDER SEC.19(4) OF THE FAMILY COURT ACT, 1984, PRAYING TO ALLOW THE REVISION PETITION AND CALL FOR RECORDS OF COURTS BELOW AND SET ASIDE THE ORDER DATED 07.05.2022 PASSED BY THE PRL. JUDGE FAMILY COURT, DHARWAD IN CRIMINAL MISC.NO.279/2021. THESE PETITIONS COMING ON FOR HEARING THIS DAY, THE COURT MADE THE FOLLOWING: - 3 - NC: 2025:KHC-D:2375 RPFC No. 100119 of 2022 C/W RPFC No. 100145 of 2023 CORAM: THE HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER These petitions are arising out of the order dated 07.05.2022 in Criminal Miscellaneous No.279/2021 on the file of Principal Judge, Family Court, Dharwad (for short, hereinafter referred to as ‘Family Court’), awarding maintenance to the petitioner therein. 2. For the sake of convenience, the parties are referred to as per their ranking before the Family Court. 3. RPFC No.100119/2022 is filed by the petitioner – wife seeking enhancement of maintenance and RPFC No.100145/2023 is filed by the respondent-husband challenging the order dated 07.05.2022 in Criminal Miscellaneous No.279/2021. 4. It is the case of the petitioner that, the marriage between the petitioner with the respondent was solemnized on 09.05.1993 and the respondent was working in Army. It is the case of the petitioner that, the respondent-husband was harassing the petitioner mentally and physically and also not providing basic needs to the petitioner and as such, she left the - 4 - NC: 2025:KHC-D:2375 RPFC No. 100119 of 2022 C/W RPFC No. 100145 of 2023 matrimonial home and stayed in her parents’ home. It is also stated in the petition that, the respondent-husband made an attempt to set fire to the petitioner by pouring petrol, however, she escaped and rescued her life and in this regard criminal action has been launched against the respondent. Hence, the petitioner has filed Criminal Miscellaneous No.279/2021 seeking maintenance. 5. On service of notice, respondent remained absent and placed ex-parte. 6. The Family Court based on record by its order dated 07.05.2022, awarded maintenance of Rs.7,000/- per month to the petitioner. Feeling aggrieved by the same, as inadequate, petitioner–wife has filed RPFC No.100119/2022 and respondent–husband has filed RPFC No.100145/2023, challenging the impugned order. 7. I have heard Sri. Roshan Saheb Chabbi, learned counsel appearing for the petitioner-wife and Sri.Vidyashankar G. Dalwai, learned counsel appearing for the respondent- husband. 8. Learned counsel appearing for the petitioner-wife contended that the respondent is working and was not - 5 - NC: 2025:KHC-D:2375 RPFC No. 100119 of 2022 C/W RPFC No. 100145 of 2023 providing basic necessities to the petitioner-wife and therefore, sought for enhancement of maintenance on the ground that the petitioner requires enhanced maintenance for her medical necessities. 9. Per contra, learned counsel appearing for the respondent-husband, argued that the respondent-husband has been placed ex-parte and accordingly sought for remanding the matter to the Family Court for affording opportunity. 10. In the light of the submissions made by the learned counsel appearing for the parties, it is not in dispute that the marriage between the petitioner and the respondent was solemnized on 09.05.1993 and the petitioner has left the matrimonial home for the reason that, the respondent-husband was not providing basic necessity to the petitioner-wife. It is also forthcoming that, PW2 and PW3 are the children born in their wedlock. 11. Taking into consideration the fact that the respondent-husband is working in Army and the petitioner has to take care of her two children, I find force in the submission made by the learned counsel appearing for the petitioner in RPFC No.100119/2022. However, it is not in dispute that the - 6 - NC: 2025:KHC-D:2375 RPFC No. 100119 of 2022 C/W RPFC No. 100145 of 2023 respondent husband has been placed ex-parte and in order to ascertain the actual maintenance to be payable to the petitioner-wife, an opportunity be extended to the respondent- husband inter alia to produce relevant oral and documentary evidence to substantiate his case. Hence, it is a case for remanding to the Family Court for fresh hearing. 12. Accordingly, I pass the following: ORDER (i) Petitions are allowed in part. (ii) Order dated 07.05.2022 in Criminal Miscellaneous No.279/2021 on the file of Principal Judge, Family Court, Dharwad, is set aside in part for having providing opportunity to the respondent-husband to adduce evidence. (iii) Till conclusion of the proceedings in Criminal Miscellaneous No.279/2021, the respondent-husband is directed to pay the maintenance of Rs.7,000/- per month to the petitioner-wife. - 7 - NC: 2025:KHC-D:2375 RPFC No. 100119 of 2022 C/W RPFC No. 100145 of 2023 (iv) Since, the parties are represented through their learned counsel and in order to avoid further delay in the matter, parties are directed to appear before the Family Court on 27.02.2025 at 11.00 a.m. (v) Liberty is reserved to the parties to adduce evidence, if so advised. Sd/- (E.S.INDIRESH) JUDGE SMM CT:ANB List No.: 1 Sl No.: 29