- 1 - NC: 2025:KHC-D:311 RPFC NO.100186 OF 2023 C/W RPFC NO.100015 OF 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 08TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S. INDIRESH REV. PET. FAMILY COURT NO.100186 OF 2023 C/W REV. PET. FAMILY COURT NO.100015 OF 2024 IN RPFC NO.100186 OF 2023 BETWEEN: 1. SMT. HEMALATA W/O BABU SACHIN JAYAKAR AGE: 35 YEARS, OCC.: HOUSEHOLD WORK, R/O. NOW C/O SMT. PREMALATA ASHOK DODAMANI, H.NO.43, CTS NO.11085, R.S. NO.48, AMBEDKAR NAGAR, BELAGAVI – 590 001. 2. KUMAR AKSHAY S/O BABU SACHIN JAYAKAR AGE: 13 YEARS, OCC.: STUDENT, REP. BY THE NATURAL GUARDIAN/MOTHER PETITIONER NO.1. 3. KUMARI CHAITANYA D/O BABU SACHIN JAYAKAR AGE: 9 YEARS, OCC.: STUDENT, REP. THE NATURAL GUARDIAN/MOTHER PETITONER NO.1 …PETITIONERS (BY SRI. A.R. ANGADI, ADVOCATE) V N BADIGER Digitally signed by V N BADIGER Date: 2025.01.10 16:41:34 +0530 - 2 - NC: 2025:KHC-D:311 RPFC NO.100186 OF 2023 C/W RPFC NO.100015 OF 2024 AND: SHRI. BABU @ SACHIN S/O NINGAPPA JAYAKAR AGE: 45 YEARS, OCC.: GOVERNMENT SERVICE, R/O OFFICE OF THE COMMISSIONER OF CENTRAL TAX, CENTRAL REVENUE BUILDING, ANNEXE QUEEN ROAD, SHIVAJI NAGAR, BENGALURU - 560 001. …RESPONDENT (BY SRI. KIRAN S. ANGADI, ADVOCATE) THIS RPFC IS FILED UNDER SECTION 19(4) FAMILY COURTS ACT AGAINST THE ORDER DATED 04TH JULY, 2023 PASSED IN CRIMINAL MISCELLANEOUS NO.502 OF 2019 ON THE FILE OF THE I ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, BELAGAVI TO EFFECT THAT THE PETITIONERS ARE ENTITLED FOR THE MAINTENANE AGAINST THE RESPONDENT FROM THE DATE OF THE PETITION AND NOT FROM THE DATE OF ORDER DATED 04TH JULY, 2023 IN THE INTEREST OF JUSTICE AND EQUITY. IN RPFC NO.100015 OF 2024 BETWEEN: BABU @ SACHIN S/O NINGAPPA JAYAKAR AGE: 46 YEARS, OCC.: GOVERNMENT EMPLOYEE R/O OFFICE OF THE COMMISSIONER OF CENTRAL TAX, CENTRAL REVENUE BUILDING, BENGALURU NORTH-WEST COMMISSIONERATE, II FLOOR, TTMC/BMTC BUST STAND, SHIVAJI NAGAR, BENGALURU – 560 051. …PETITIONER (BY SRI. SIDDAPPA SAJJAN, ADVOCATE AND SRI. KIRAN S. ANGADI, ADVOCATE) - 3 - NC: 2025:KHC-D:311 RPFC NO.100186 OF 2023 C/W RPFC NO.100015 OF 2024 AND: 1. SMT. HEMALATA W/O BABU @ SACHIN JAYAKAR AGE: 36 YEARS, OCC.: HOUSEHOLD. 2. KUMAR AKSHAY S/O BABU @ SACHIN JAYAKAR AGE: 13 YEARS, OCC.: STUDENT. 3. KUMARI CHAITANYA D/O BABU @ SACHIN JAYAKAR AGE: 9 YEARS, OCC.: STUDENT. SINCE RESPONDENTS 2 AND 3 ARE MINORS REP. THEIR NATURAL GUARDIAN/MOTHER RESPONDENT NO.1. ALL ARE PRESENTLY R/W SMT. PREMALATA ASHOK DODAMANI H.NO.43, CTS NO.11058, R.S.NO.48, AMBEDKAR NAGAR, BELAGVI – 590 001. …RESPONDENTS (BY SRI. A.R. ANGADI, ADVOCATE) THIS RPFC IS FILED UNDER SECTION 19(4) FAMILY COURTS ACT AGAINST THE ORDER DATED 04TH JULY, 2023 PASSED IN CRIMINAL MISCELLANEOUS NO.502 OF 2019 ON THE FILE OF THE I ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, BELAGAVI, PARTLY ALLOWING THE PETITION FILED UNDER SECTION 125 OF THE CODE OF CRIMINAL PROCEDURE IN THE INTEREST OF JUSTICE AND EQUITY. THESE REVISION PETITIONS COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING: CORAM: THE HON'BLE MR. JUSTICE E.S. INDIRESH - 4 - NC: 2025:KHC-D:311 RPFC NO.100186 OF 2023 C/W RPFC NO.100015 OF 2024 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE E.S. INDIRESH) Revision Petition Family Court No.100186 of 2023 is filed by the petitioners in Criminal Miscellaneous No.502 of 2019 on the file of the I Additional Principal Judge, Family Court, Belagavi (for short, hereinafter referred to as ‘Family Court’), challenging the order dated 04th July, 2023 to the effect that the petitioners are entitled for maintenance from the date of filing of petition instead of date of order passed by the Family Court. 2. Revision Petition Family Court No.100015 of 2024 is filed by the respondent in Criminal Miscellaneous No.502 of 2019 on the file of the Family Court, challenging the order dated 04th July, 2023, allowing the petition in-part on the ground that the maintenance awarded to the petitioners therein is on higher side. 3. For the sake of convenience, the parties in this petition shall be referred to in terms of their ranking before the Family Court. - 5 - NC: 2025:KHC-D:311 RPFC NO.100186 OF 2023 C/W RPFC NO.100015 OF 2024 4. Heard Sri. A.R Angadi, learned counsel appearing for petitioners; and Sri. Siddappa S. Sajjan and Sri. Kiran S. Angadi, learned counsel appearing for the respondent. 5. Learned counsel appearing for petitioners contended that, though the petitioners viz., wife and children before the Family Court are entitled for maintenance from the date of filing of petition, however, the Family Court erroneously awarded maintenance to the petitioners from the date of order of maintenance and accordingly, he sought for interference of this Court. Further, the learned counsel appearing for the petitioners sought to justify the amount of maintenance awarded by the Family Court and accordingly, sought for dismissal of the revision petition filed by the respondent- husband. 6. Per contra, learned counsel appearing for the respondent-husband contended that the maintenance awarded by the Family Court is on the higher side and as such, no interference be called for in respect of awarding maintenance from the date of order. Accordingly, he sought for dismissal of Revision Petition filed by the petitioners. - 6 - NC: 2025:KHC-D:311 RPFC NO.100186 OF 2023 C/W RPFC NO.100015 OF 2024 7. Having taken note of the submission made by learned counsel appearing for the parties, there is no dispute with regard to relationship between the parties and petitioners 2 and 3 were born in wedlock of the petitioner No.1-wife and the respondent-husband. It is well settled principle in law that the Family Court is required to pass orders on merits of the case and in the event, if the maintenance is being ordered, the same should be granted from the date of filing of petition as the cause of action arises from the date of filing of the petition and not from the date of order. Insofar as the revision petition filed by the respondent-husband, seeking reduction of the maintenance is concerned, as per Exhibit R1, the Gross salary of the respondent-husband is Rs.56,778/- per month further, as the petitioner No.1-wife has to take care of two minor children along with herself, the grant of maintenance of Rs.20,000/- per month is just and proper. Accordingly, I pass the following: O R D E R 1. Rev. Pet. Family Court No.100186 of 2023 is allowed; 2. Rev. Pet. Family Court No.100015 of 2024 is dismissed; - 7 - NC: 2025:KHC-D:311 RPFC NO.100186 OF 2023 C/W RPFC NO.100015 OF 2024 3. Order dated 04th July, 2023 passed in Criminal Miscellaneous No.502 of 2019 on the file of the I Additional Principal Judge, Family Court, Belagavi is modified and respondent- husband shall pay total maintenance of Rs.20,000/- per month from the date of filing of petition by the petitioners under Section 125 of the Code of Criminal Procedure instead of date of order dated 04th July, 2023. Sd/- (E.S. INDIRESH) JUDGE ARK List No.: 1 Sl No.: 32