- 1 - HC-KAR NC: 2025:KHC:28698 RPFC No. 124 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JULY, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI REV.PET FAMILY COURT NO. 124 OF 2023 BETWEEN: SRI. BASAVARAJ S.B. S/O LATE JAMBANNA AGE: 50 YEARS, OCC: TEACHER R/O DIDDIGI VILLAGE JAGALUR TALUK, DAVANAGERE DISTRICT DAVANAGERE DISTRICT-577 002 …PETITIONER (BY SRI. HEMANTH T.C., ADVOCATE FOR SRI.HIREMATHAD M.R., ADVOCATE) AND: YARABALLI NAGARATNA W/O BASAVARAJ S.B AGED ABOUT 48 YEARS OCC:PHYSICAL EDUCATION TEACHER G.H.P.S SCHOOL, SPS NAGARA 2ND STAGE, DAVANAGERE-577 002 AGE 51 YEARS, HOUSEWIFE …RESPONDENT THIS RPFC FILED UNDER SECTION 19 (4) OF FAMILY COURT ACT, AGAINST THE ORDER DATED 11.04.2023 PASSED IN CRL. MISC NO.213/2021 ON THE FILE OF THE JUDGE FAMILY COURT DAVANAGERE DISMISSING THE PETITION FILED UNDER SECTION 125 OF Cr.P.C. FOR MAINTENANCE. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:28698 RPFC No. 124 of 2023 ORAL ORDER The present petition is filed aggrieved by the order passed in Crl.Misc.No.213/2021 dated 11.04.2023 by the Judge, Family Court, Davanagere, whereby the Family Court had dismissed the petition filed by the petitioner/husband under Section 125 of Cr.P.C. for grant of maintenance at Rs.25,000/- per month from the respondent/wife. 2. The parties are referred to as husband and wife for the sake of convenience. 3. The husband had filed Crl.Misc.No.213/2021 under Section 125 of Cr.P.C. for grant of maintenance of an amount of Rs.25,000/- per month. It is the case of the husband that he is suffering from diabetes and blood pressure. It is submitted that he had lost his kidney and his mother has donated a kidney and now he is under follow up treatment and he requires money for his maintenance. The admitted facts are that both the husband and wife are working as teachers. The husband has obtained divorce from the wife and after that, he has contracted second marriage and in the wedlock, he has - 3 - HC-KAR NC: 2025:KHC:28698 RPFC No. 124 of 2023 children. In these circumstances, the petitioner has come up with this petition. 4. The Family Court had dismissed the petition observing that the husband has admitted that he has undergone kidney operation and his entire medical expenses may be reimbursed as he is a Government Servant and moreover the husband has admitted that he has reimbursed some major expenses spent towards medical expenses i.e., an amount of Rs.4,80,000/- from the Government and also admitted that he is getting an amount of Rs.35,000/- per month. As per the affidavit of assets and liabilities, he has stated that he is getting net salary of an amount of Rs.41,000/- per month. The Family Court had come to the conclusion that under the circumstances, the husband can maintain himself and also he can meet the medical expenses out of his salary and through medical reimbursement. The Family Court had also observed that after obtaining divorce, he had remarried and in the said wedlock, he has children. The Family Court had come to the conclusion that the husband has failed to prove that the wife has willfully refused and neglected to maintain him in spite of having sufficient - 4 - HC-KAR NC: 2025:KHC:28698 RPFC No. 124 of 2023 means and he is not entitled for maintenance and accordingly, dismissed the petition. 5. Learned counsel for the petitioner/husband submits that the Family Court without considering the fact that he is suffering with several health ailments and he requires the maintenance had dismissed the petition. It is submitted that the wife is having sufficient income to maintain him. 6. Having heard the learned counsel for the petitioner, perused the entire material on record. The Family Court has gone more on the fact that the husband is having sufficient means. But the important aspect in this case is that the husband who has remarried and has children, who has divorced the first wife how he can seek maintenance from the first wife is a question and he is not entitled for maintenance under Section 125 of Cr.P.C. and the Family Court on the aspect where he is having medical reimbursement and sufficient income had dismissed the petition. At any stretch of imagination, the husband is not entitled for maintenance from the wife. Hence, this Court is passing the following order: - 5 - HC-KAR NC: 2025:KHC:28698 RPFC No. 124 of 2023 ORDER i. Accordingly, the revision petition is dismissed. ii. All I.As. in this petition shall stand closed. Sd/- (LALITHA KANNEGANTI) JUDGE MEG List No.: 1 Sl No.: 9