PARASHURAM S/O TAVAREPPA NAYAK v. SMT. SHARAVVA ALIAS SHARADA W/O PARASHURAM NAYAK
RPFC/100135/2023 · 2025-01-15
E S Indiresh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 6237 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 6237 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC-D:580 RPFC No. 100135 of 2023
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. 100135 OF 2023 (-) BETWEEN:
PARASHURAM S/O. TAVAREPPA NAYAK, AGE. 46 YEARS, OCC. CONTRACTOR, R/O. ADARAHALIL, TQ. AND DIST. GADAG 582118.
…PETITIONER (BY SRI. LAXMAN T. MANTAGANI, ADVOCATE)
AND:
1.
SMT. SHARAVVA ALIAS SHARADA W/O. PARASHURAM NAYAK, AGE. 36 YEARS, OCC. HOUSEHOLD WORK,
2.
CHETAN S/O. PARASHURAM NAYAK, AGE. 18 YEARS, OCC. STUDENT,
3.
KUMAR S/O. PARASHURAM NAYAK AGE. 17 YEARS, OCC. STUDENT,
4.
ADITYA S/O. PARASHURAM NAYAK, AGE. 13 YEARS, OCC. STUDENT,
ABOVE ALL ARE R/O. MAHALINGAPUR TANDA, TQ. AND DIST. GADAG - 582120.
RESPONDENT NO.3 TO 4 MINORS REPTD. BY NATURAL MOTHER MINOR GUARDIAN RESPONDENT NO.1)
…RESPONDENTS (R1-SERVED AND UNREPRESENTED)
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V N BADIGER Digitally signed by V N BADIGER Date: 2025.01.20 11:00:11 +0530
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NC: 2025:KHC-D:580 RPFC No. 100135 of 2023
THIS RPFC IS FILED UNDER SEC.19(4) OF THE FAMILY COURT ACT, PRAYING TO CALL FOR RECORDS AND ALLOW THE REVISION PETITION BY SETTING ASIDE THE JUDGMENT AND ORDER DATED 01.06.2023 PASSED BY THE COURT OF PRINCIPAL JUDGE, FAMILY COURT AT GADAG IN CRIMINAL MISC NO.03/2022 IN THE INTEREST OF JUSTICE AND EQUITY.
THIS PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
CORAM:
THE HON'BLE MR. JUSTICE E.S.INDIRESH
ORAL ORDER Heard the learned counsel appearing for the petitioner. The respondents have remained absent.
2. This petition is filed by the respondent-husband in Crl.Misc.No.3/2022 challenging the order dated 01.06.2023 passed by the Principal Judge, Family Court at Gadag (for short
“Family Court”) granting maintenance to the petitioners therein.
3. For the sake of convenience, the parties are referred to as per their rank before the Family Court.
4. Having taken note of the submission made by the
learned counsel appearing for the petitioner herein and also the finding recorded by the Family Court makes it clear that there
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NC: 2025:KHC-D:580 RPFC No. 100135 of 2023
is no dispute with regard to the relationship between the parties. The marriage between petitioner No.1 and the respondent was solemnized on 24.04.2002 at Suvarnagiri Thanda of Sirahatti Taluk. It is also forthcoming from the finding recorded by the Family Court that the parties are residing separately. It is stated by the petitioners that the respondent-husband is a civil contractor and is having an income of ₹10,00,000/- per annum and same was denied by the respondent-husband.
5. Taking into account the factual aspects on record, as the petitioner No.1 has to take care of three children apart from her livelihood, I am of the view that the impugned order passed by the Family Court is just and proper and also taking into account the factual aspects on record with regard to Ex.P6 to Ex.P10 is concerned, the impugned order passed by the Family Court is just and proper and therefore, the petition stands dismissed.
Sd/- (E.S.INDIRESH) JUDGE YAN, CT:ANB, List No.: 1 Sl No.: 31