- 1 - NC: 2025:KHC-D:4287 RPFC No. 100164 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 5TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH REV.PET FAMILY COURT NO. 100164 OF 2024 (-) BETWEEN: SRI. ARUNKUMAR S/O. ASHOK SHET, AGE: 41 YEARS, OCC: GOLDSMITH, R/O. ANAND NAGAR, 2ND CROSS, BADAMI, TQ: BADAMI, DIST: BAGALKOT-587201. …PETITIONER (BY SRI. P.G. CHIKKANARAGUND, ADVOCATE) AND: 1. MRS. SANGEETA @ ANNAPURNA W/O. ARUNKUMAR SHET, AGE: 34 YEARS, OCC: HOUSEHOLD WORK, R/O. C/O. SMT. SHANTA W/O. BABU ANVEKAR, VARADAPPA GALLI, NEAR KANNADA PRIMARY SCHOOL NO.3, KHASBAG, BELAGAVI-590001. 2. KUMAR ABHISHEK S/O. ARUNKUMAR SHET, AGE: 7 YEARS, OCC: STUDENT, SINCE MINOR REP. BY HIS NATURAL GUARDIAN MOTHER, RESPONDENT NO.1. …RESPONDENTS THIS RPFC IS FILED UNDER SECTION 19(4) OF THE FAMILY COURT ACT, 1984 PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 19.10.2022 IN CRL.MISC.NO.346/2022 PASSED BY THE LEARNED I ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, BELAGAVI AND TO ALLOW THIS PETITION AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING: MOHANKUMAR B SHELAR Digitally signed by MOHANKUMAR B SHELAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - NC: 2025:KHC-D:4287 RPFC No. 100164 of 2024 CORAM: THE HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER 1. This petition is filed by the respondent – husband in Crl.Misc.No.346/2022 challenging the order dated 19.10.2022 on the file of the I Additional Principal Judge, Family Court, Belagavi1 granting maintenance to the respondents herein. 2. For the sake of convenience, the parties are referred to as per their ranking before the Family Court. 3. It is the case of the petitioner before the Family Court that the marriage between the petitioner No.1 with the respondent was solemnized during the month of February 2017 at Badami, Bagalkot District and in their wedlock, petitioner No.2 is born. It is the case of petitioner No.1 that petitioner No.1 had an abortion of her first baby because of the defect in the growth of baby and thereafter the respondent – husband has not taken care of the needs of petitioner No.1. It is also stated that the respondent 1 Hereinafter referred to as ‘Family Court’ - 3 - NC: 2025:KHC-D:4287 RPFC No. 100164 of 2024 and his family members were ill-treating petitioner No.1 and also it is stated that petitioner No.1 was thrown out of the house in the midnight and therefore petitioner No.1 took shelter in the neighbor’s house and on the following day she reached her parents house along with the child. Hence, the petitioners have filed Crl.Misc.No.346/2022. 4. On service of notice, the respondent – husband has not appeared before the Court and accordingly respondent was placed ex-parte. 5. The Family Court after considering the material on record, by its order dated 19.10.2022, directed the respondent – husband to pay monthly maintenance of Rs.12,000/- to petitioner No.1 and monthly maintenance of Rs.5,000/- to petitioner No.2. Feeling aggrieved by the same, the respondent – husband has preferred this petition. 6. I have heard Sri.P.G.Chikkanaragund, learned counsel appearing for the petitioner. - 4 - NC: 2025:KHC-D:4287 RPFC No. 100164 of 2024 7. Learned counsel for the petitioner herein argued that petitioner herein never neglected the respondents herein and also he is ready to join the respondents herein. It is also contended that the petitioner herein has filed M.C.No.32/2020 against respondent No.1 seeking restitution of conjugal rights and therefore sought for interference of this Court. 8. Having taken note of the submissions made by the learned counsel for the petitioner, it is not in dispute that the marriage between petitioner No.1 with the respondent was solemnized during the month of February 2017 and in their wedlock respondent No.2 herein is born and respondent No.2 is aged about five years. It is also forthcoming from the averments made in the petition that respondent – husband and his family members were not taking care of the needs of petitioner No.1 – wife and her child. It is stated that petitioner herein is working as goldsmith. Taking into consideration the said aspect of the matter, as the petitioner herein has not contested the - 5 - NC: 2025:KHC-D:4287 RPFC No. 100164 of 2024 matter on merits deliberately knowingly aware of the proceedings and as the respondents herein are residing at Belagavi city, award of maintenance by the Family Court is just and proper and does not call for interference by this Court. 9. Accordingly, the petition is dismissed. Sd/- (E.S.INDIRESH) JUDGE SH CT-MCK List No.: 2 Sl No.: 8