- 1 - NC: 2025:KHC-D:1123 RPFC No. 100236 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 21ST DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH REV.PET FAMILY COURT NO. 100236 OF 2023 (-) BETWEEN: 1. SRI. KIRAN S/O. SUBHAS CHAVAN, AGE. 34 YEARS, OCC: JEWELLARY BUSINESS, RESIDENT OF DATTATREYA COLONY, SAMPAGE NAGAR ROAD, NEAR RAJIV NAGAR ROAD, VIDYANAGARA, HUBBALLI-580031. 2. RAVI S/O. SUBHAS CHAVAN AGE. 32 YEARS, OCC: JEWELLARY BUSINESS, RESIDENT OF DATTATREYA COLONY, SAMPAGE NAGAR ROAD, NEAR RAJIV NAGAR ROAD, VIDYANAGARA, HUBBALLI-580031. 3. PRAKASH S/O. SUBHAS CHAVAN, AGE. 30 YEARS, OCC: JEWELLARY BUSINESS, RESIDENT OF DATTATREYA COLONY, SAMPAGE NAGAR ROAD, NEAR RAJIV NAGAR ROAD, VIDYANAGARA, HUBBALLI-580031. …PETITIONERS (BY SRI. RAMESH BABU P., ADVOCATE) AND: SRI SUBHAS S/O. ARJUNSA CHAVAN, AGE. 57 YEARS, R/O.C/O.P.A.CHAVAN NO.16A VINAY COLONY, KESHWAPUR, HUBBALLI-580023. …RESPONDENT (BY SRI. NEELENDRA D. GUNDE AND SRI. HANUMESH S. DESAI, ADVOCATES) MANJANNA E Digitally signed by MANJANNA E Date: 2025.01.24 13:11:12 +0530 - 2 - NC: 2025:KHC-D:1123 RPFC No. 100236 of 2023 THIS RPFC IS FILED UNDER SEC.19(4) OF THE FAMILY COURT ACT, 1984, PRAYING TO CALL FOR THE RECORDS AND SET ASIDE THE JUDGMENT PASSED IN CRIMINAL MISC. NO.66/2022 DATED 02.05.2023 PASSED BY THE PRINCIPAL JUDGE, FAMILY COURT, HUBBALLI BY ALLOWING THIS REVISION PETITION. THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING: CORAM: THE HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER 1. Heard the learned counsel appearing for the parties. 2. The petitioners are assailing the order dated 02.05.2023 in Crl.Misc.No.66/2022 on the file of the Principal Judge, Family Court, Hubballi1 granting maintenance to the respondent. 3. For the sake of convenience, the parties are referred to as per their ranking before the Family Court. 4. It is the case of the petitioner that the petitioner is the father of the respondents and is suffering from skin disease to his legs, hands and fingers are 1 Hereinafter referred to as ‘Family Court’ - 3 - NC: 2025:KHC-D:1123 RPFC No. 100236 of 2023 injured and due to this disease he became handicap. It is also stated in the petition that the respondents have forced the petitioner to stay away from them and as such, the petitioner has left the home and as such residing separately from the respondents. Hence, the petitioner – father has filed Crl.Misc.No.66/2022 seeking maintenance from the respondents (children). 5. On service of notice, the respondents entered appearance and filed detailed statement of objection stating that the petitioner has not given good proper education to them and has neglected them and therefore denied the averments made in the claim petition. 6. The Trial Court after considering the material on record, by its order dated 02.05.2023, allowed the petition and as such directed the respondents – petitioners herein to pay Rs.5,000/- each to the petitioner (father). Feeling aggrieved by the same, the respondents have preferred the present petition. - 4 - NC: 2025:KHC-D:1123 RPFC No. 100236 of 2023 7. I have heard Sri.Ramesh Babu P., learned counsel appearing for the petitioners and Sri.Neelendra D Gunde, learned counsel appearing for the respondent. 8. It is contended by the learned counsel appearing for the petitioners that fair opportunity was not extended to the petitioners to produce certain records to substantiate their case before the Family Court and also submitted that some of the properties have been sold by the respondent herein without their consent and the said aspect has not been considered by the Family Court while awarding maintenance and accordingly sought for interference of this Court. 9. Per contra, learned counsel appearing for the respondent sought to justify the impugned order passed by the Family Court and submitted that the petitioners herein are having a jewellary shop in the name of New Krishna Jewelers at Unkal, Hubballi and Sai Krishna Jewelers at Shettar Layout, Lingaraj Nagar, Hubballi and - 5 - NC: 2025:KHC-D:1123 RPFC No. 100236 of 2023 having income of more than Rs.2 lakhs per month and therefore sought to justify the impugned order. 10. In the light of the submissions made by the learned counsel appearing for the parties and taking into consideration that, there is no dispute with regard to the relationship between the parties. It is also to be noted that the petitioner (father) has produced Ex.P.4 - medical record issued by the KIMS Hospital, Huballi and also substantiated his case by adducing evidence as PW.1 and also examined another witness as PW.2. On the other hand, respondent No.1 was examined as RW.1 however, no documents were produced before the Trial Court to substantiate his income as alleged by the petitioner (father) in Crl.Misc.No.66/2022. The petitioner has contended that he is suffering from skin disease and residing separately from the children. In that view of the matter, the Trial Court is justified in directing the three children (petitioners herein) of the respondent herein (father) to pay Rs.5,000/- per month each to the - 6 - NC: 2025:KHC-D:1123 RPFC No. 100236 of 2023 respondent as maintenance. Hence, taking consideration of the findings of the Family Court, I am of the view that no interference is called for in the present petition. Accordingly, the petition is dismissed. 11. The amount in deposit before this Court is ordered to be transferred to the Family Court forthwith for disbursement. Sd/- (E.S.INDIRESH) JUDGE SH CT:ANB List No.: 1 Sl No.: 41