- 1 - HC-KAR NC: 2025:KHC-D:8928 RPFC No. 100027 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 18TH DAY OF JULY 2025 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL REV.PET FAMILY COURT NO.100027 OF 2025 BETWEEN: SRI. KRISNACHAND THAKU S/O. INDRACHAND THAKUR, AGED ABOUT 44 YEARS, OCC. DEPUTY STORE MANAGER, AT DILLIP BUILT CONSTRUCTION LTD., INDRO MERO CASTING YARD, BAIRAGARH, HUZUR BHUPAL MADHYA PRADESH, R/O: ROOM NO. EK 572, FIRST FLOOR, VIJAYA NAGAR, SCHEME NO. 54, INDORE, MADHYA PRADESH STATE – 452 010. …PETITIONER (BY SMT. PALLAVI S. PACHHAPURE, ADVOCATE) AND: 1. SMT. DEEPIKA KUMARI SING W/O. KRISHNACHAND INDRACHAND THAKUR, AGE: 34 YEARS, OCC: HOUSEWIFE, R/O: WARD NO. 32, FORT, PWD QUARTERS, BESIDES BEO OFFICE, BALLARI – 583 101. 2. KUMARI PRACHI CHAND THAKUR D/O. KRISHNACHAND INDRACHAND THAKUR, AGE: 15 YEARS, OCC: STUDENT, SINCE MINOR REP. BY HER NATURAL MOTHER MINOR GUARDIAN RESPPNDENT NO.1. 3. KUMARI AAROHI CHAND THAKUR D/O. KRISHNACHAND INDRACHAND THAKUR, AGE: 10 YEARS, OCC: STUDENT, SINCE MINOR REP. BY HER NATURAL MOTHER MINOR GUARDIAN RESPONDENT NO.1 …RESPONDENTS (BY SRI. V.P.VADAVI, ADVOCATE FOR R1 TO R3) Digitally signed by SAROJA HANGARAKI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:8928 RPFC No. 100027 of 2025 THIS RPFC IS FILED UNDER SECTION 19(4) OF THE FAMILY COURT ACT, 1984 PRAYING TO CALL FOR RECORDS AND SET ASIDE THE ORDER DATED 29.10.2024 PASSED BY THE COURT OF PRL. JUDGE FAMILY COURT BALLARI IN CRL.MISC.NO.141/2024 MARKED AT ANNEXURE-A AND GRANT ANY OTHER RELIEF AS DEEMED FIT IN THE INTEREST OF JUSTICE. THIS PETITION, COMING ON FOR ADMISSION THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.G.S. KAMAL) 1. This petition is by the husband aggrieved by the order dated 29.10.2024 passed in Criminal Miscellaneous No.141/2024 on the file of Principal Judge Family Court, Ballari (for short, ‘Family Court’), by which the Family Court while allowing the petition filed by the respondent under Section 125 of Cr.P.C., has directed the petitioner herein to pay a sum of Rs.15,000/- each to the petitioner Nos.1 to 3 therein aggregating a sum of Rs.45,000/- per month from the date of petition with casts of Rs.10,000/-. 2. Learned counsel for the petitioner at the outset submits that the said order has been passed exparte and no notice of the petition has been served on the petitioner/respondent. She further submits that the - 3 - HC-KAR NC: 2025:KHC-D:8928 RPFC No. 100027 of 2025 address of the petitioner/respondent as given in the criminal petition is incomplete and incorrect inasmuch as the petitioner/respondent has been residing at Room EK 572, First Floor, Vijaya Nagar, Scheme No.54, Indore, Madhya Pradesh. She draws attention of this Court to copies of E-mail and Aadhar card produced at Annexures- D and E in justification of change of address of the petitioner. 3. She further drawing attention of this Court to the judgment dated 23.01.2021 produced at Annexure-C submits that the petitioner herein had earlier initiated the proceedings under Section 13 (1)(i)(ia)(ib) of Hindu Marriage Act against the respondent – wife, which has been allowed dissolving their marriage on the ground of adultery and cruelty. That despite the respondent – wife being aware of the said order, has not brought it to the notice of the Family Court while obtaining the order impugned in the present petition. - 4 - HC-KAR NC: 2025:KHC-D:8928 RPFC No. 100027 of 2025 4. Counsel for the respondent seeks a short accommodation to file of objections. However, considering the seriousness of facts involved in the matter, this Court declines to grant any time. 5. Heard. Perused the records. 6. The marriage between the petitioner and respondent having taken place on 21.01.2020 is not in dispute. Annexure-C would indicate that the said marriage has been dissolved by a decree of divorce granted by the Family Court at Ballari on 23.01.2021. The present petition is filed 3 years subsequent to the aforesaid decree of divorce. 7. As rightly pointed out by the counsel for the petitioner, there has been no whisper of any nature whatsoever in the present petition filed by the respondent under Section 125 of the Cr.P.C. with regard to status of her matrimonial relationship particularly in the light of the divorce already having been granted. The address of the - 5 - HC-KAR NC: 2025:KHC-D:8928 RPFC No. 100027 of 2025 petitioner, as already noted above, is also different from the one provided in the petition. 8. Clearly there appears to be a deliberate suppression of facts and an attempt to mislead the court. Suppression of facts of this nature is nothing short of a fraud on the court, which vitiates entire thing. Consequently, the following order is passed: i. The petition is allowed. ii. The impugned order dated 29.10.2024 passed in Criminal Miscellaneous No.141/2024 on the file of Principal Judge Family Court, Ballari is set aside. iii. The matter is remitted to the Family Court for fresh consideration after affording opportunity to the petitioner to file his statement of objection and to lead evidence. - 6 - HC-KAR NC: 2025:KHC-D:8928 RPFC No. 100027 of 2025 iv. It is made clear that no opinion is expressed on the merits or otherwise of the matter in this case. v. Since the parties are represented by their respective counsel, they shall appear before the Family Court, Ballari on 20.08.2025, without any further notice. vi. All contentions are kept open. Sd/- (M.G.S. KAMAL) JUDGE SMM,SH CT-ASC List No.: 1 Sl No.: 8