SRI BALAGOUDA S/O MARUTEPPA NIRWANI v. SMT. VISHALAXI W/O BALAGOUDA NIRWANI
RPFC/100159/2023 · 2025-02-10
E S Indiresh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 6900 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 6900 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC-D:2754 RPFC No. 100159 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. 100159 OF 2023 (-) BETWEEN:
SRI. BALAGOUDA S/O. MARUTEPPA NIRWANI, AGE. 56 YEARS, OCC. BUSINESS, R/O. RAMTEERTH NAGAR, PUTTI’S HOUSE, BELAGAVI - 590001. …PETITIONER (BY SRI. S. M. KALWAD, ADVOCATE)
AND:
SMT. VISHALAXI W/O. BALAGOUDA NIRWANI AGE. 50 YEARS, OCC. NIL, R/O. 296, 2ND STAGE, HANUMAN NAGAR, BELAGAVI - 590001. …RESPONDENT
(BY SRI. SHEKHARGOUDA M. NAGANURI, ADVOCATE)
THIS RPFC IS FILED U/SEC. 19(4) OF FAMILY COURTS ACT 1984, PRAYING TO SET ASIDE THE JUDGMENT DATED 24.03.2023 MADE IN CRL.MISC.NO.153/2020 PASSED BY THE COURT OF PRINCIPAL JUDGE, FAMILY COURT BELAGAVI, IN THE INTEREST OF JUSTICE AND EQUITY.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
CORAM:
THE HON'BLE MR. JUSTICE E.S.INDIRESH
V N BADIGER Digitally signed by V N BADIGER Location: High Court of Karnataka, Dharwad Bench Date: 2025.02.15 12:17:39 +0530
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NC: 2025:KHC-D:2754 RPFC No. 100159 of 2023
ORAL ORDER
This petition is filed by the respondent in Crl.Misc.No.153 of 2020 challenging the order dated 24.03.2023, on the file of Principal Judge, Family Court at Belagavi, granting maintenance to the petitioner 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 petitioner that, petitioner is the legally wedded wife of the respondent. In their wedlock, parties have a daughter, who is residing with her mother. The petitioner-wife has filed Crl.Misc.No.543 of 2011, which came to be allowed by granting maintenance of Rs.6,000/- per month to the petitioner. Thereafter, the petitioner has filed Crl.Misc.No.153 of 2020 before the Family Court seeking enhancement of maintenance.
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NC: 2025:KHC-D:2754 RPFC No. 100159 of 2023
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, petitioner has alleged that he married to another lady, which is incorrect and accordingly, sought for dismissal of the petition.
5. The Family Court, after considering the material on record by its order dated 24.03.2023 allowed the petition in part and awarded Rs.10,000/- per month to the petitioner. Feeling aggrieved by the same, the respondent-husband has filed this petition.
6. I have heard Sri. S.M. Kalwad, learned counsel for the petitioner and Sri. Shekharagouda. M. Naganur,
learned counsel appearing for the respondent.
7. Sri. S.M. Kalwad, learned counsel appearing for the petitioner contended that, the respondent is
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NC: 2025:KHC-D:2754 RPFC No. 100159 of 2023
residing with her daughter and doing saree business and same has not been disclosed before the Family Court and on the other hand, the petitioner herein is having aged father who is suffering from cancer and therefore, sought for interference of this court.
8. Per contra, Sri. Shankargouda M. Naganur,
learned counsel appearing for the respondent argued that, the petitioner herein has contracted with second marriage and accordingly, sought for dismissal of the petition.
9. In the light of the submission made by the
learned counsel appearing for the parties, it is not in dispute that the Family Court on the earlier occasion, in Crl.Misc.No.543 of 2011 granted maintenance of Rs.6,000/- per month to the respondent herein. Taking into consideration that the respondent herein is residing at Belagavi City and also due to escalation of prices, the finding recorded by Family Court is just
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NC: 2025:KHC-D:2754 RPFC No. 100159 of 2023
and proper which does not call for interference in this petition. Accordingly, the Revision Petition is dismissed.
Sd/- (E.S.INDIRESH) JUDGE
SB CT:ANB List No.: 2 Sl No.: 4