- 1 - NC: 2025:KHC-D:1727 RPFC No. 100131 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 29TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH REV.PET FAMILY COURT NO. 100131 OF 2024 (-) BETWEEN: SHIVAYYA S/O. IRANNA ALIAS VEERAYYA NANDIKOL, ALIAS NANDIKOLAMATH, AGE. 31 YEARS, OCC. AGRICULTURE, R/O.MADINUR-583238 POST. KINNAL, DIST. KOPPAL. …PETITIONER (BY SRI. C.S SHETTAR AND SMT. KAVYA C. SHETTAR, ADVOCATES) AND: KAVITA ALIAS PRATIBHA W/O. SHIVAYYA NANDIKOL ALIAS NANDIKOLAMATH, AGE. 26 YEARS, OCC. HOMEMAKER R/O.MADINUR, TQ & DOST: KOPPAL, NOW RESIDING AT: HAVANUR -583238 TQ: HAVANUR, DIST. HAVERI. NOW RESIDING AT. HAVANUR-581108 TQ. HAVANUR, DIST. HAVERI. …RESPONDENT (BY SRI. M. R. HIREMATHAD AND SRI. PRAKASH R. BADIGER, ADVOCATE) THIS RPFC IS FILED UNDER SEC.19(4) OF THE FAMILY COURT ACT, PRAYING TO ADMIT THE PETITION AND CALL FOR THE RECORDS AND ALLOW THE PETITION SETTING ASIDE THE ORDER PASSED IN CRIL. MISC. NO. 109/2023 DATED 02.02.2024 PASSED BY PRINCIPAL JUDGE, FAMILY COURT, HAVERI. THIS PETITION, COMING ON FOR FURTHER ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING: MANJANNA E Digitally signed by MANJANNA E Location: High Court of Karnataka, Dharwad Bench Date: 2025.02.01 11:43:05 +0530 - 2 - NC: 2025:KHC-D:1727 RPFC No. 100131 of 2024 CORAM: THE HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER 1. Heard the learned counsel for the parties. 2. This petition is filed by the respondent – husband in Crl.Misc.No.109/2023 challenging the order dated 02.02.2024 on the file of the Principal Judge, Family Court, Haveri1 granting maintenance to the respondent herein. 3. For the sake of convenience, the parties are referred to as per their ranking before the Family Court. 4. It is the case of the petitioner before the Family Court that the marriage between the petitioner and respondent was solemnized on 13.04.2022 at Madinur village of Koppal taluk and due to family rift, the petitioner has left the matrimonial home and residing with her parents. Hence, the petitioner has filed Crl.Misc.No.109/2023 seeking maintenance. 1 Hereinafter referred to as ‘Family Court’ - 3 - NC: 2025:KHC-D:1727 RPFC No. 100131 of 2024 5. In response to the notice, the respondent – husband though appeared, however, not contested the matter on merits. 6. The Family Court after considering the material on record, by its order dated 02.02.2024, allowed the petition and directed the respondent – husband to pay monthly maintenance of Rs.7,000/- per month to the petitioner. Feeling aggrieved by the same, the respondent – husband has preferred this petition. 7. I have heard Sri.C.S.Shettar, learned counsel for the petitioner and Sri.M.R.Hiremathad, learned counsel appearing for the respondent. 8. Learned counsel appearing for the petitioner submitted that, a fair opportunity has not been extended to the petitioner herein to contest the matter on merits and accordingly sought for interference of this Court. 9. Per contra, learned counsel appearing for the respondent sought to justify the impugned order. - 4 - NC: 2025:KHC-D:1727 RPFC No. 100131 of 2024 10. In the light of the submission made by the learned counsel appearing for the parties, on careful examination of the finding on record by the Family Court would indicate that there is no dispute with regard to relationship between parties, however, taking into account the finding recorded by the Family Court that the parties are residing separately, and in that view of the matter as the fair opportunity has not been extended to the petitioner herein to contest the matter, hence, it is a fit case to remand the matter to the Family Court for fresh consideration after affording an opportunity to both sides. 11. In the result, I pass the following: ORDER i. The petition is allowed in part. ii. Order dated 02.02.2024 in Crl.Misc.No.109/2023 on the file of the Principal Judge, Family Court, Haveri is hereby set aside by remanding the matter to the Family Court - 5 - NC: 2025:KHC-D:1727 RPFC No. 100131 of 2024 for fresh consideration after affording an opportunity to both parties. iii. It is needless to state that monthly maintenance as awarded by the Family Court on 02.02.2024 shall be continued till conclusion of the proceedings before the Family Court. iv. In view of the fact that parties are representing through respective learned counsels, and in order to avoid further delay in the matter, parties are directed to appear before the Family Court on 19.02.2025 at 11.00 a.m. v. On their appearance, the Family Court is requested to dispose of the matter at the earliest. Sd/- (E.S.INDIRESH) JUDGE SH CT:ANB List No.: 1 Sl No.: 20