- 1 - NC: 2025:KHC-D:5177 RPFC No. 100026 of 2025 C/W RPFC No. 100136 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 20TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH REV.PET FAMILY COURT NO. 100026 OF 2025 (-) C/W REV.PET FAMILY COURT NO. 100136 OF 2024 IN R.P.F.C NO. 100026 OF 2025 BETWEEN: 1. SMT. R. GEETHA @ SUMA W/O. R. RAMESH @ MENASINE RAMESH, AGE: ABOUT 29 YEARS, OCC: HOUSE-WIFE, 2. MINOR MEGHANATHA S/O. R. RAMESH, AGE: ABOUT 12 YEARS, OCC: STUDENT, 3. MINOR R. SANJANA D/O. R. RAMESH, AGE: 11 YEARS, OCC: STUDENT, THE PETITIONER NO.2 AND 3 ARE MINORS, REPRESENTED BY THEIR NATURAL GUARDIAN AND MOTHER SMT. R. GEETHA @ SUMA, ALL ARE R/O. BUDIHAL ROAD, NEAR RAMESHWARA TEMPLE, KAMMARCHEDU VILLAGE, BALLARI TALUK AND DISTRICT-583101. …PETITIONERS (BY SRI. M. AMAREGOUDA, ADVOCATE) AND: SRI. R. RAMESH @ MENASINE RAMESH, S/O. VEERABHADRAPPA, AGE: ABOUT 33 YEARS, R/O. KAMMARCHEDU VILLAGE, Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.03.25 16:02:34 +0530 - 2 - NC: 2025:KHC-D:5177 RPFC No. 100026 of 2025 C/W RPFC No. 100136 of 2024 NOW R/O. HOUSE NO.64/7, W.NO.5, THIRUMALAKERE BEEDI, LALAKAMAN, BALLARI-583101. …RESPONDENT (BY SMT. SOUBHAGYA S. VAKKUND, ADVOCATE) THIS RPFC IS FILED UNDER SEC.19(4) OF THE FAMILY COURT ACT, 1984, PRAYING TO ALLOW THE ABOVE REVISION PETITION FAMILY COURT AND CONSEQUENTLY MODIFY THE ORDERS DATED 24.06.2023 PASSED BY THE PRINCIPAL JUDGE FAMILY COURT AT BALLARI IN CRIMINAL MISC.NO.302/2022 AND ENHANCE THE MAINTENANCE AS CLAIMED IN THE ABOVE REVISION PETITION AND ETC. IN R.P.F.C. NO.100136 OF 2024 (-) BETWEEN: SRI. R. RAMESH @ MENASINE RAMESH, S/O. VEERABHADRAPPA, 31 YEARS, R/O. KAMMARCHEDU VILLAGE, NOW R/O. HOUSE NO.64/7, NO.5, THIRUMALAKERE BEEDI, LALAKAMAN, BALLARI-583101. …PETITIONER (BY SRI. SOUBHAGYA.S.VAKKUND,ADVOCATE) AND: 1. SMT. R. GEETHA @ SUMA W/O. R. RAMESH @ MENASINE RAMESH, 27 YEARS, HOUSE-WIFE, 2. MINOR MEGHANATHA S/O. R. RAMESH, 10 YEARS, STUDENT, 3. MINOR R. SANJANA D/O. R. RAMESH, 09 YEARS, STUDENT, THE PETITIONER NO.2 AND 3 ARE MINORS, - 3 - NC: 2025:KHC-D:5177 RPFC No. 100026 of 2025 C/W RPFC No. 100136 of 2024 REPRESENTED BY THEIR NATURAL GUARDIAN AND MOTHER SMT. R. GEETHA @ SUMA, ALL ARE R/O. BUDIHAL ROAD, NEAR RAMESHWARA TEMPLE, KAMMARCHEDU VILLAGE, BALLARI TALUK AND DISTRICT-583101. …PETITIONERS (BY SRI. M. AMAREGOUDA, ADVOCATE) THIS RPFC IS FILED UNDER SEC.19(4) OF THE FAMILY COURT ACT, PRAYING TO SET ASIDE THE ORDER DATED 24.06.2023 PASSED BY THE PRINCIPAL JUDGE FAMILY COURT AT BALLARI IN CRIMINAL MISC.NO.302/2022 AND ETC. THESE PETITIONS COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER 1. RPFC No.100026/2025 is filed by petitioners in Crl.Misc.No.302/2022 challenging the order dated 24.06.2023 on the file of Prl. Judge, Family Court, Ballari, seeking enhancement of maintenance granted by the Family Court. 2. RPFC No.100136/2024 is filed by respondent in Crl.Misc.No.302/2022 challenging the Order dated 24.06.2023 on the file of Prl. Judge, Family Court, Ballari, granting maintenance by the Family Court. - 4 - NC: 2025:KHC-D:5177 RPFC No. 100026 of 2025 C/W RPFC No. 100136 of 2024 3. For the sake of convenience, parties are referred with reference to their rank before the Family Court, Ballari. 4. It is the case of the petitioner NO.1 that marriage between the petitioner No.1 and the respondent was solemnized on 15.04.2012 and in their wedlock, two children i.e. petitioner Nos.2 and 3 were born. It is further stated in the petition that the behaviour of the respondent was not good and he was inhumanly treating the petitioner No.1 and that apart, the respondent is having illicit relationship with another lady – M. Geetha, and therefore, petitioners have filed Crl. Misc.No.302/2022, seeking maintenance from the respondent. 5. After service of notice, respondent entered appearance and denied the allegations made against him. The case of the respondent was that petitioner No.1 took advantage of the ill- health of the respondent and was not taking care of the respondent and accordingly sought for dismissal of the petition. 6. The Family Court, after considering the material on record, by its Order dated 24.06.2023, granted maintenance of Rs.7,500/- (Rs.2,500/- each) in favour of the petitioners. Feeling dissatisfied with the quantum of maintenance granted - 5 - NC: 2025:KHC-D:5177 RPFC No. 100026 of 2025 C/W RPFC No. 100136 of 2024 by the Family Court, the petitioners have preferred RPFC 100026/2025 and the respondent / husband has filed RPFC 100136/2024 challenging the award of maintenance. 7. Sri. Amaregowda M., learned counsel for the petitioners in Crl.Misc.No.302/2022 contended that, award of maintenance by the Family Court requires to be enhanced as the Family Court has failed to consider that the respondent herein has contracted a second marriage and accordingly sought for interference of this Court. 8. Per contra, learned counsel Smt. Soubhagya S. Vakkund, appearing for the respondent /husband contended that, award of maintenance is on the higher side and respondent / husband is not working and that the respondent herein has parted with the agricultural land in favour of petitioner No.1 and accordingly sought for interference of this Court. 9. In the light of the submissions made by the learned counsel for the parties, the relationship between the parties is not in dispute. It is also not in dispute that two children were born in their wedlock, namely petitioner Nos.2 and 3 who are aged 9 years and 8 years respectively. - 6 - NC: 2025:KHC-D:5177 RPFC No. 100026 of 2025 C/W RPFC No. 100136 of 2024 10. Taking into consideration that as the petitioner No.1 has alleged that respondent has contracted marriage with another lady – M. Geetha and that respondent is having immovable property, I am of the view that, considering that two children have to be taken care of by the petitioner-wife, the award of maintenance by the Family Court is on the lower side. 11. Accordingly petitioner Nos.1 to 3 are held entitled for Rs.15,000/- per month (Rs.5,000/- each) as maintenance payable from the respondent/husband herein. Accordingly RPFC No.100026/2025 stands allowed in part. RPFC No.100136/2024 is hereby dismissed. 12. Amount in deposit in RPFC No.100136/2024 be released in favour of petitioner No.1, after due identification. Sd/- (E.S.INDIRESH) JUDGE sac CT-MCK List No.: 2 Sl No.: 6