- 1 - NC: 2025:KHC-D:2840 RPFC No. 100175 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 12TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH REV.PET FAMILY COURT NO. 100175 OF 2023 (-) BETWEEN: SMT. SOMAVVA W/O. MALLESHAPPA KUMBAR, AGE. 61 YEARS, OCC. HOUSEHOLD WORK, R/O. JALGAR ONI, NEAR SIDDAPPAAJJANA TEMPLE, UNKAL, HUBBALLI – 580023. …PETITIONER (BY SMT. RESHMA MADIWALAR AND SRI. ANJANAYA M., ADVOCATES) AND: SRI. MALLESHAPPA S/O. NAGAPPA KUMBAR, AGE. 68 YEARS, OCC. RETIRED PEON IN MINES AND GEOLOGY DEPARTMENT, R/O. MUNAVALLI, TQ. SAVADATTI, DIST. BELAGAVI. 591117. …RESPONDENT (BY SRI. SRINIVAS B. NAIK, ADVOCATE) THIS RPFC IS FILED UNDER SEC.19(4) OF THE FAMILY COURT ACT, 1984, PRAYING TO ALLOW THE REVISION PETITION BY SETTING ASIDE THE IMPUGNED ORDER DATED 04.01.2023 PASSED IN CRL. MISC. NO.183/2018 BY THE PRINCIPAL JUDGE, FAMILY COURT, HUBBALLI AND THE RESPONDENT MAY KINDLY DIRECTED V N BADIGER Digitally signed by V N BADIGER Location: High Court of Karnataka, Dharwad Bench Date: 2025.02.17 11:51:25 +0530 - 2 - NC: 2025:KHC-D:2840 RPFC No. 100175 of 2023 TO PAY MAINTENANCE TO THE PETITIONER IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION COMING ON FOR FINAL HEARING THIS DAY, THE COURT MADE THE FOLLOWING: CORAM: THE HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER This petition is filed by the petitioner, challenging the order dated 04.01.2023 in Criminal Miscellaneous No.183/2018 on the file of Principal Judge, Family Court, Hubballi (for short, hereinafter referred to as ‘Family Court’), dismissing the petition. 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 on 07.06.1998 and in their wedlock no children were born. It is also stated in the petition that, the respondent at the behest of his brother, ill-treating the petitioner and also the attitude of the respondent was changed, for which the petitioner has not able to tolerate - 3 - NC: 2025:KHC-D:2840 RPFC No. 100175 of 2023 the same and as such, the petitioner filed Criminal Miscellaneous No.183/2018 stating that the respondent has deserted the petitioner and residing with his brother and therefore, neglected the petitioner. Hence, the petitioner has filed Criminal Miscellaneous No.183/2018 on the file of Family Court seeking maintenance. 4. On service of notice, the respondent entered appearance and filed detailed statement of objections contending that, the respondent has made a rented house in Belagavi and called upon the petitioner to lead matrimonial life, however, she refused to come to Belagavi, resulting rift in the family. It is also stated that the respondent has left the matrimonial home having not tolerated the harassment meted out by him from the petitioner herein. Hence, sought for dismissal of the petition. 5. The Family Court after considering the material on record, dismissed the petition on the ground that, the petitioner wife without cause, has deserted the respondent-husband. It is also stated that the petitioner - 4 - NC: 2025:KHC-D:2840 RPFC No. 100175 of 2023 herein has filed MC No.55/2019 before the Senior Civil Judge Court, Savadatti, which came to be dismissed. The respondent herein also filed matrimonial case seeking dissolution of the marriage and therefore, the Family Court dismissed the petition. 6. I have heard Smt. Reshma Madiwalar, learned counsel appearing for the petitioner and Sri. Srinivas B. Naik, learned counsel appearing for the respondent. 7. It is contended by the learned counsel appearing for the petitioner that the Family Court without considering the material on record passed the impugned order. The parties are separated and petitioner is leading life lonely and the said aspect of the matter was not considered by the Family Court. It is also submitted by the learned counsel appearing for the petitioner that the respondent never had an intention to taking the petitioner to the matrimonial home. On the other hand, the respondent has filed MC No.55/2019 seeking dissolution of marriage and accordingly, sought for interference of this Court. - 5 - NC: 2025:KHC-D:2840 RPFC No. 100175 of 2023 8. Per contra, Sri. Srinivas B Naik, learned counsel appearing for the respondent denied the submission made by the learned counsel appearing for the petitioner and further contended that, the petitioner herein has left the matrimonial home having not tolerated the harassment meted out and the said aspect has been considered by the Family Court and accordingly, sought for dismissal of the petition. 9. In the light of the submission made by the learned counsel appearing for the parties, it is not in dispute that the marriage between the petitioner and the respondent was solemnized on 07.06.1998 and on account of rift in the family members, parties are residing separately. Perusal of finding of the Family Court would indicate that, the petitioner herein is continued in the rented house in Hubballi, and the respondent has left the matrimonial home and residing separately. Taking into account the factual aspect on record as the parties are residing separately, it is bounden duty of the respondent to maintain the wife and to provide basic necessities. In - 6 - NC: 2025:KHC-D:2840 RPFC No. 100175 of 2023 this regard, the Hon’ble Supreme Court in the case of Shamima Farooqui Vs. Shahid Khan1, has held that it is the duty of husband to provide maintenance so long he is healthy, able bodied and capable of earning for his own. Retirement of husband from service cannot be sole consideration for rejecting or reduction of maintenance. 10. In that view of the matter, I find force in the submission made by the learned counsel appearing for the petitioner and taking into account the respondent herein was working in Mines and Geology Department at Dharwad, the finding recorded by the Family Court is requires to be set aside and the matter requires to be re- considered by the Family Court afresh, after providing opportunity to both the sides. It is also to be noted that, taking into consideration the age of the petitioner herein is concerned and as an interim measure, I am of the view that, the respondent herein be directed to pay Rs.5,000/- per month to the petitioner herein as a interim 1 (2015) 5 SCC 705 - 7 - NC: 2025:KHC-D:2840 RPFC No. 100175 of 2023 maintenance, till the conclusion of proceedings by the Family Court. 11. In the result, I pass the following: ORDER (i) Petition is allowed. (ii) Order dated 04.01.2023 in Criminal Miscellaneous No.183/2018 on the file of Principal Judge, Family Court, Hubballi, is hereby set aside and the matter is remanded to the Family Court for fresh consideration after affording opportunity to both the sides. (iii) As observed above, the respondent is directed to pay interim maintenance of Rs.5,000/- per month to the petitioner herein till the conclusion of proceedings. (iv) Since, the parties are represented through their learned counsel, the parties are directed to appear before the Family Court on 10.03.2025 at 11.00 a.m. - 8 - NC: 2025:KHC-D:2840 RPFC No. 100175 of 2023 (v) It is also made clear that, the Family Court shall expedite the matter. Sd/- (E.S.INDIRESH) JUDGE SMM CT:ANB List No.: 2 Sl No.: 15