- 1 - NC: 2025:KHC-D:4356 RPFC No. 100154 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 6TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH REV.PET FAMILY COURT NO. 100154 OF 2024 (-) BETWEEN: SHRI. MAIBUSAB S/O. MASTANSAB ALMEL, AGE: 64 YEARS, OCC: COMPOUNDER (RETIRED), R/O. GOVERNMENT DISTRICT HOSPITAL, TQ: AND DIST: VIJAYAPUR-586102. …PETITIONER (BY SRI. SABEEL AHMED, ADVOCATE) AND: SMT. HALEEMA W/O. MAIBUBSAB ALMEL, AGE: 51 YEARS, OCC: HOUSE HOLD WORK, R/O. NAVANGAR-BAGALKOT, TQ: AND DIST: BAGALKOT-587103. …RESPONDENT THIS RPFC IS FILED UNDER SEC.19(4) OF THE FAMILY COURT ACT, 1984, PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 01.02.2024 PASSED BY THE HON’BLE PRINCIPAL JUDGE, FAMILY COURT, BAGALAKOTE IN CRL. MISC. NO.81/2019 AND TO ALLOW THIS PETITION, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE E.S.INDIRESH MOHANKUMAR B SHELAR Digitally signed by MOHANKUMAR B SHELAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - NC: 2025:KHC-D:4356 RPFC No. 100154 of 2024 ORAL ORDER This petition is filed by the respondent challenging the order dated 01.02.2024 in Criminal Miscellaneous No.81/2019 on the file of Principal Judge, Family Court, Bagalkote (for short, hereinafter referred to as ‘Family Court’), granting maintenance to the respondent. 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 that, the marriage between the petitioner with the respondent was solemnized 28 years back and in their wedlock a son and daughter were born. The respondent was not taking care of the family and as such the petitioner has filed Criminal Miscellaneous No.45/1993, seeking maintenance and the Competent Court has awarded Rs.450/- per month. Thereafter, the petitioner has filed Criminal Miscellaneous No.76/2006, seeking recovery of maintenance. It is also stated that, the petitioner has filed Criminal Miscellaneous No.420/2017, seeking recovery of maintenance as the - 3 - NC: 2025:KHC-D:4356 RPFC No. 100154 of 2024 respondent-husband fails to obey the order of maintenance. Hence, the petitioner has filed Criminal Miscellaneous No.81/2019 under Section 127 of Cr.P.C., seeking enhancement of maintenance. 4. After service of notice, the respondent entered appearance and filed detailed statement of objection contending that, he had taken care of the expenses of marriage of his daughter and also raised loan for the sake of the family. It is also stated that, he requires regular treatment for his ailments and accordingly, sought for dismissal of the petition. 5. The Family Court after considering the material on record by its order dated 01.02.2024 granted maintenance of Rs.12,000/- per month and being aggrieved by the same, the respondent – husband has presented this petition. 6. Having taken note of the submission made by the learned counsel appearing for the petitioner, as the relationship between the parties is not disputed and further, the age of the petitioner-wife is around 56 years - 4 - NC: 2025:KHC-D:4356 RPFC No. 100154 of 2024 old and also taking into consideration the documents produced at Ex.P.1 to P.4, I am of the view that, the award of maintenance by the Family Court is just and proper and does not call for any interference in this petition. 7. Accordingly, petition is dismissed. Sd/- (E.S.INDIRESH) JUDGE SMM CT-MCK List No.: 2 Sl No.: 8