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2025 DAILYLAW 7333 (KAR)

MR. H PRAKASH S/O LATE SANNA KARIYAPPA v. SMT. SHARADAMMA W/O LATE SANNA KARIYAPPA

RPFC/100168/2024 · 2025-02-27

E S Indiresh

body2025

Judgment text

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- 1 - NC: 2025:KHC-D:3883 RPFC No. 100168 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 27TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH REV.PET FAMILY COURT NO. 100168 OF 2024 (-) BETWEEN: MR. H. PRAKASH S/O. LATE SANNA KARIYAPPA, AGE. 59 YEARS, OCC. RETIRED SUB-INSPECTOR, OFFICE OF DEPUTY SUPERINTENDENT OF EXCISE HOSAPETE SUB DIVISION, R/O.WARD NO.3, BEHIND APMC KUDLIGI, VIJAYANAGAR DISTRICT-583135. …PETITIONER (BY SRI. MANJUNATHA G. PATIL, ADVOCATE) AND: SMT. SHARADAMMA W/O. LATE SANNA KARIYAPPA, AGE. 80 YEARS, OCC. HOUSEWIFE, FOREST HOUSE, MUNIRABAD DAM, KOPPAL-583234. …RESPONDENT (RESPONDENT-SERVED AND UNREPRESENTED) THIS RPFC IS FILED UNDER SEC.19(4) OF THE FAMILY COURT ACT, PRAYING TO SET ASIDE THE ORDERS PASSED BY THE HON’BLE PRINCIPAL JUDGE, FAMILY COURT, AT KOPPAL IN CRIL. MISC NO.13/2024 DATED 04.09.2024 AND DIRECTED TO PAY THE MONTHLY MAINTENANCE OF RS.10,000/- PER MONTH TO THE RESPONDENT FROM THE DATE OF PETITION TILL HER LIFE TIME AND BESIDES A SUM OF RS. 1,000/- TOWARDS THE COST OF THE PRESENT LITIGATION, IN THE ABOVE CASE, IN THE INTEREST OF JUSTICE. Digitally signed by V N BADIGER Location: High Court of Karnataka, Dharwad Bench - 2 - NC: 2025:KHC-D:3883 RPFC No. 100168 of 2024 THIS PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING: CORAM: THE HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER Heard the learned counsel appearing for the petitioner and respondent served remained absent. 2. For the sake of convenience, the parties are referred to as per their ranking before the Principal Judge, Family Court, Koppal (for short, hereinafter referred to as ‘Family Court’). 3. The petitioner has filed Criminal Miscellaneous No.13/2024, seeking maintenance from the respondent. 4. It is the case of the petitioner that, petitioner is mother of the respondent. It is stated that, the husband of the petitioner died on 04.02.2013 and thereafter, the respondent is not taking care of needs of the petitioner – mother. Hence, petition is filed seeking maintenance. 5. After service of notice, the respondent remained absent and placed ex-parte. - 3 - NC: 2025:KHC-D:3883 RPFC No. 100168 of 2024 6. The Family Court after considering the material on record by its order dated 04.09.2024, directed the respondent-son to pay maintenance of Rs.10,000/- per month to the petitioner-mother. Feeling aggrieved by the same, the present petition is filed. 7. It is contended by the petitioner herein that, he never neglected his mother and also the order is an ex- parte order which requires interference. 8. Having taken note of the submission made by the learned counsel appearing for the petitioner, it is not in dispute that, the petitioner before the Family Court is mother and the respondent is only son to the petitioner - mother. It is also not in dispute that, the petitioner - mother is aged about 80 years and further requires periodical medical necessities. Taking into consideration that, the petitioner herein is the son of the respondent and is working as a Excise Sub-Inspector and therefore, award of maintenance by the Family Court is just and proper and no interference is called for in this petition. - 4 - NC: 2025:KHC-D:3883 RPFC No. 100168 of 2024 9. In the result, petition fails. Sd/- (E.S.INDIRESH) JUDGE SMM CT:ANB List No.: 1 Sl No.: 14