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2025 DAILYLAW 75197 (KAR)

SHRI N CHANDRA v. SMT H R NAGARATNA

RPFC/193/2021 · 2025-08-07

Lalitha Kanneganti

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:30702 RPFC No. 193 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI REV.PET FAMILY COURT NO. 193 OF 2021 BETWEEN: SHRI N CHANDRA AGED ABOUT 51 YEARS S/O NARAYANAPPA RESIDING AT: SEESANDRA VILLAGE POST KEMBODI, UTTUR HOBLI, KOLAR TALUK, KOLAR DISTRICT - 563101 …PETITIONER (BY SRI. P NARAYANAPPA., ADV.) AND: 1. SMT H R NAGARATNA AGED ABOUT 42 YEARS W/O N CHANDRA RESIDING AT: HEBBANI VILLAGE POST-HEBBANI, BYRAKOOR HOBLI MULBAGAL TALUK KOLAR DISTRICT POSTAL PIN CODE - 563131. 2. KUMARI C RAMYA AGED ABOUT 21 YEARS D/O N CHANDRA RESIDING AT: HEBBANI VILLAGE, POST-HEBBANI, BYRAKOOR HOBLI, MULBAGAL TALUK, KOLAR DISTRICT POSTAL PIN - 563131 Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:30702 RPFC No. 193 of 2021 3. KUMARI C MADHURA AGED ABOUT 18 YEARS D/O N CHANDRA RESIDING AT HEBBANI VILLAGE POST - HEBBANI BYRAKOOR HOBLI MULBAGAL TALUK KOLAR DISTRICT POSTAL PIN CODE - 563131 …RESPONDENTS (BY SRI. UMESH B N., ADV. FOR R1 TO R3.) THIS RPFC IS FILED UNDER SECTION 19(4) OF FAMILY COURT ACT, AGAINST THE ORDER DATED 16.08.2021 PASSED IN CRL.MIS (FC). NO.57/2020 ON THE FILE OF THE PRINCIPAL FAMILY COURT JUDGE AT KOLAR, ALLOWING THE PETITION FILED U/S 125 (1) OF Cr.P.C. FOR MAINTENANCE. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER Aggrieved by the order passed in Crl.Misc.No.57/2020 dated 16.08.2021 by the Principal Family Court, Kolar, whereby the Court had granted an amount of Rs.10,000/- to the wife and Rs.8,000/- each to the children altogether Rs.26,000/-, the petitioner-husband is before this Court. 2. Learned counsel for petitioner-husband submits that this is an ex-parte order. It is submitted that this order was passed during covid period. In view of the pandemic, the - 3 - HC-KAR NC: 2025:KHC:30702 RPFC No. 193 of 2021 petitioner could not appear before the Court. Hence, the matter shall be remanded to the Trial Court. 3. Learned counsel for respondent-wife submits that the matter is pending from 2021 and so far, they have not received any amount. However, it is submitted that there are two options, one is to hear the matter and the other one is to remand the matter to the Family Court which is pending as of now. 4. The order reveals that this is an ex-parte order and there is no opportunity to the petitioner to contest the matter. He is earning an amount of Rs.1,05,000/- as a salary and admitted that right from 2020, he has not paid any amount. Though the children have become major now, as on the date of filing the application, they are minors. In that view of the matter, till the application is decided, the petitioner shall continue to pay an amount of Rs.10,000/- per month and arrears also at Rs.10,000/- to both the children till date, they attained majority and which is subject to the further order to be passed. Without any further notice, the parties are directed to appear before the Family Court on 15.09.2025 and they shall file their respective statement of assets and liabilities within ten - 4 - HC-KAR NC: 2025:KHC:30702 RPFC No. 193 of 2021 days, and the Court shall decide the application by 15.11.2025. In that view of the matter, this Court is passing the following: ORDER i. The impugned order passed by Crl.Misc. No.57/2020 dated 16.08.2021 by the Principal Judge, Family Court, Kolar is set aside and the matter is remanded back to the Family Court. ii. Till the application is decided, the petitioner shall continue to pay an amount of Rs.10,000/- per month and arrears also at Rs.10,000/- to the children till they attain majority. iii. All these are subject to further orders to be passed by the Family Court. iv. The parties shall appear without further notice by 15.09.2025 and shall file their respective statement of assets and liabilities within ten days. v. The application shall be decided by 15.11.2025. vi. Accordingly, the RPFC is allowed. vii. All I.As., in the RPFC shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE SSD List No.: 1 Sl No.: 12