- 1 - HC-KAR NC: 2025:KHC-D:11116 RPFC No. 100096 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 1ST DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA REV.PET FAMILY COURT NO. 100096 OF 2025 BETWEEN: SMT. SHOBHA W/O. VIRUPAXAGOUDA @ VIRUPANAGOUDA NEGALURU AGE: 46 YEARS, OCC: HOUSEHOLD, R/O: MORE PLOT, 1ST CROSS, MRITUNJAYA NAGAR, DHARWAD, DIST: DHARWAD. …PETITIONER (BY SRI. SHIDDALINGANAGOUD DODDAGOUDAR, ADVOCATE) AND: SHRI VIRUPAXAGOUDA @ VIRUPANAGOUDA S/O. SOMANAGOUDA NEGALURU AGE: 58 YEARS, OCC: AGRICULTURE, R/O: CHIKKAGUNJAL, TQ. KUNDAGOLD, DHARWAD-580008. …RESPONDENT (BY SRI. G.N. KADEMANI, ADVOCATE) THIS RPFC FILED UNDER SEC.19(4) OF THE FAMILY COURT ACT, 1984, PRAYING TO SET ASIDE THE ORDER DATED 09.04.2025 PASSED BY THE PRINCIPAL JUDGE, FAMILY COURT, DHARWAD IN CRL.MISC.NO.224/2021 AND CONSEQUENTLY ALLOW THE PETITION BY AWARDING MAINTENANCE TO RS.25,000/- TO THE REVISION PETITIONER TO MEET THE ENDS OF JUSTICE AND EQUITY AND ETC.,. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CHANABASAPPA K KALLUR Digitally signed by CHANABASAPPA K KALLUR Date: 2025.09.09 10:54:18 +0530 - 2 - HC-KAR NC: 2025:KHC-D:11116 RPFC No. 100096 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE G BASAVARAJA) The petitioner has preferred this revision petition against the order dated 09.04.2025 dismissing the petition filed under Section 125 of Cr.P.C. by the wife in Crl.Misc.No.224/2021 before the Principal Judge, Family Court, Dharwad (for short, ‘the trial Court’). 2. Respondent/husband appeared before the trial Court and filed the objections. To prove the case of petitioner/wife examined two witnesses as P.W.1 and 2 and marked 7 documents as Ex.P.1 to 7. Respondent examined two witnesses as R.W.1 and 2 and one document marked as Ex.R.1. Having heard the arguments of both sides, the trial Court has dismissed the petition of wife. Being aggrieved by the order passed by the trial Court, the wife preferred this revision petition. 3. Learned counsel for the petitioner/wife submits that respondent/husband is having sufficient source of income to maintain. The petitioner/wife and respondent/husband have not filed their affidavits before the trial Court as it is established law as per the Judgment of Hon’ble Apex Court in the case of Rajnesh vs. Neha, reported in AIR 2021 SCC 569. Now the petitioner/wife intends to file affidavit to show her assets and liabilities and she also - 3 - HC-KAR NC: 2025:KHC-D:11116 RPFC No. 100096 of 2025 intends to adduce further evidence. Hence, she sought for remanding the matter back to the trial Court for disposal in accordance with law by providing opportunity to both parties to file their affidavits as to their respective assets and liabilities as per the Judgment of the Hon’ble Apex Court in the case of Rajnesh (supra). 4. Learned counsel for the respondent/husband remained absent. Hence, respondent’s side argument is taken as ‘nil’. This Court has secured the trial Court records. 5. On examination of the materials placed before this Court, both parties have not filed their affidavits in respect of their assets and liabilities as per the Judgment of Hon’ble Apex Court in the case of Rajnesh (supra). The trial Court has also not insisted to file affidavit by both parties as per the Judgment of the Hon’ble Apex Court. The parties have not assigned any reasons for non-filing of the affidavit as to their assets and liabilities. 6. Now it is submitted by the petitioner/wife counsel that the petitioner/wife intends to adduce additional evidence before the trial Court. Considering the submission made by the petitioner, I proceed to pass the following : ORDER (i) Petition is allowed. - 4 - HC-KAR NC: 2025:KHC-D:11116 RPFC No. 100096 of 2025 (ii) The order dated 09.04.2025 passed by the Principal Judge, Family Court, Dharwad in Criminal Miscellaneous No.224/2021 is set aside. (iii) Case is remitted to the trial Court with a direction to provide opportunity to both parties to file their affidavits as to their assets and liabilities as per the Judgment of Hon’ble Apex Court passed in the case of Rajnesh vs. Neha, reported in AIR 2021 SCC 569. (iv) The trial Court is also directed to provide an opportunity to both parties to adduce their additional evidence, if any. Thereafter, the trial Court is directed to dispose of the case in accordance with law, as expeditiously as possible. (v) Send the copy of this order along with trial Court records to the concerned Court forthwith. (vi) Both parties are directed to appear before the trial Court on 24.09.2025 without awaiting further notice. Sd/- (G BASAVARAJA) JUDGE CKK Ct-cmu LIST NO.: 1 SL NO.: 17