- 1 - NC: 2025:KHC-D:2756 RPFC No. 100137 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 10TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH REV.PET FAMILY COURT NO. 100137 OF 2023 (-) BETWEEN: SULEMAN S/O. HANEEFSAB KURAHATTI, AGE. 38 YEARS, OCC. JR. ENGINEER HESCOM, R/A. C/O. HESCOM, MULAGUND NAKA, GADAG, DIST. GADAG 582103. …PETITIONER (BY SRI. GOURISHANKAR H MOT, ADVOCATE) AND: 1. MRS NOORFATIMA W/O. SULEMAN KURAHATTI, AGE. 29 YEARS, OCC. NIL, 2. MS. SAFA D/O. SULEMAN KURAHATTI, AGE. 02 YEARS, OCC. NIL, BOTH R/AT R/O. #3866/53, DR. ZAKIR HUSSAIN COLONY, HUBBALLI ROAD, GADAG, DIST. GADAG 582101. …RESPONDENTS (BY SRI. M.M. PATIL, ADVOCATE) THIS RPFC IS FILED UNDER SEC.19(4) OF THE FAMILY COURT ACT, 1984, PRAYING TO SET ASIDE THE ORDER DATED 04.07.2023 V N BADIGER Digitally signed by V N BADIGER Location: High Court of Karnataka, Dharwad Bench Date: 2025.02.15 12:17:22 +0530 - 2 - NC: 2025:KHC-D:2756 RPFC No. 100137 of 2023 PASSED BY THE HON’BLE COURT OF 1ST ADDL. PRL. JUDGE, FAMILY COURT, AT: GADAG IN CRL. MISC. NO.112/2022. THIS PETITION COMING ON FOR HEARING THIS DAY, THE COURT MADE THE FOLLOWING: CORAM: THE HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER This petition is filed by the respondent in Crl.Misc.No.112 of 2022 challenging the order dated 04.07.2023 on the file of the I Additional Principal Family Court, Gagad, granting maintenance to the petitioners therein. 2. For the sake of convenience, the parties in this petition shall be referred to in terms of their status and ranking before the Family Court. 3. It is the case of the petitioners that, marriage of the petitioner No.1 with the respondent was solemnized on 14.04.2019 at Gadag. In their - 3 - NC: 2025:KHC-D:2756 RPFC No. 100137 of 2023 wedlock Petitioner No.2 is born. It is stated that respondent is working as Junior Engineer at HESCOM in Gadag. It is stated in the petition that, the respondent has ignored the needs of the petitioner- wife and child and petitioner No.1 was subjected to cruelty at the hands of the respondent. Therefore, petitioner-wife has left the matrimonial home along with the child and residing with her parents. Hence, the petitioners have filed Crl.Misc.No.112 pf 2022, seeking maintenance from the respondent-husband. 4. After service of notice respondent entered appearance and filed statement of objections denying the averments made in the claim petition. It is the case of the respondent that respondent has filed suit seeking, restitution of conjugal rights with petitioner- wife, which came to be allowed, however, the petitioner-wife has left the matrimonial home without - 4 - NC: 2025:KHC-D:2756 RPFC No. 100137 of 2023 any cause. Accordingly, sought for dismissal of the claim petition. 5. The Family court after considering the material on record by its order dated 04.07.2023 allowed the petition in part and awarded maintenance of Rs.10,000/- per month to the petitioner No.1-wife and Rs.7,000/- per month to the petitioner No.2-child. Feeling aggrieved by the same, respondent-husband has preferred this Revision Petition. 6. I have heard Sri. Gourishankar H. Mot, learned counsel appearing for the petitioner and Sri. M.M. Patil, learned counsel appearing for the respondent. 7. Sri. G.S.Mot, learned counsel appearing for the petitioner-husband contended that the petitioner herein has filed the petition seeking restitution of conjugal rights which came to be allowed and the - 5 - NC: 2025:KHC-D:2756 RPFC No. 100137 of 2023 respondent No.1 deliberately, with a ulterior motive, refused to live with the petitioner herein and accordingly, submitted that finding recorded by Family Court is incorrect. Accordingly, he sought for interference of this Court. 8. Sri. M.M.Patil, learned counsel appearing for the respondents (wife and child) sought to justify the impugned order passed by the Family Court. 9. In the light of the submission made by the learned counsel appearing for parties, there is no dispute with regard to the relationship between the parties. The marriage of the petitioner No.1 with the respondent was solemnized on 14.04.2019 and in their wedlock petitioner No.2 is born. It is also not in dispute that there is a rift in the family and the parties are residing separately. Taking into consideration the fact that the petitioner (husband) herein is working as Junior Engineer at HESCOM, Gadag, and having salary - 6 - NC: 2025:KHC-D:2756 RPFC No. 100137 of 2023 of Rs.82,399/- per month as per the salary certificate of March, 2024, I am of the opinion that, the maintenance awarded by the Family Court just and proper and does not require any interference of this petition. In the result, the Revision Petition is dismissed. Sd/- (E.S.INDIRESH) JUDGE SB List No.: 2 Sl No.: 15