- 1 - NC: 2025:KHC-D:3172 RPFC No. 100189 of 2022 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 17TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH REV.PET FAMILY COURT NO. 100189 OF 2022 (-) BETWEEN: GURUPRASAD S/O. JAYANNA HOLAL, AGE. 40 YEARS, OCC. MEDICAL REPRESENTATIVE, R/O. ORN DOOR NO.392, 1ST MAIN ROAD, BEHIND SOUKYADA HOSPITAL, NIJALINGAPPA BADAVANE, DAVANGERE, TALUK AND DIST. DAVANGERE-577002. …PETITIONER (BY SRI. VIDYASHANKAR G. DALWAI, ADVOCATE) AND: 1. SMT. SUMA W/O. GURUPRASAD HOLAL, AGE. 29 YEARS, OCC. HOUSE WIFE, 2. S. VARDHAN S/O. GURUPRASAD HOLAL, AGE. 5 YERAS, OCC. NIL ALL BEING R/O. ORN NO. 392, 1ST MAIN ROAD, BEHIND SOUKYADA HOSPITAL, NIJALINGAPPA BADAVANE, DAVANGERE, NOW AT. SHIVABASSAPPA CHAKKI, BASAVESHWAR NAGAR, HAVERI SINCE THE RESPONDENT NO.2 IS MINOR REPRESENTED BY HIS NATURAL GUARDIAN MOTHER, SMT. SUMA W/O. GURUPASAD HOLAL RESPONDENT NO.-1. …RESPONDENTS Digitally signed by V N BADIGER Location: High Court of Karnataka, Dharwad Bench - 2 - NC: 2025:KHC-D:3172 RPFC No. 100189 of 2022 THIS RPFC IS FILED U/S 19(4) OF FAMILY COURTS ACT, 1984, PRAYING TO ALLOW THE REVISION PETITION AND CALL FOR RECORDS OF COURT BELOW AND SET ASIDE THE ORDER DATED 25.09.2020 IN CRIMINAL MISC NO.134/2020 PASSED BY THE PRINCIPAL JUDGE, FAMILY COURT, HAVERI AT HAVERI IN SO FAR AS RESPONDENT HEREIN, TO MEET THE ENDS JUSTICE. 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 1. Heard the learned counsel appearing for the petitioner. 2. This petition is filed by the respondent – husband challenging the order dated 25.09.2020 in Crl.Misc.No.134/2020 on the file of the Family Court, Haveri1 allowing the petition in part. 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 petitioners that the marriage of petitioner No.1 with the respondent was solemnized on 02.05.2014 at Davangere and in their 1 Hereinafter referred to as ‘Family Court’ - 3 - NC: 2025:KHC-D:3172 RPFC No. 100189 of 2022 wedlock petitioner No.2 is born. It is the allegation made by the petitioners in the petition that the respondent and his family members were ill-treating the petitioners and have physically assaulted the petitioner No.1 on several occasions without any cause and accordingly, the petitioners were made to leave the matrimonial home and they are residing with their parents. Hence, the petitioners have filed Crl.Misc.No.134/2020 seeking maintenance. 5. After service of notice, the respondent remained absent and placed ex-parte. 6. The Family Court after considering the material on record, by its order dated 25.09.2020 allowed the petition in part and awarded maintenance of Rs.5,000/- per month to petitioner No.1 and Rs.3,000/- per month to petitioner No.2. Feeling aggrieved by the same, respondent – husband has preferred this petition. 7. Sri..Vidyashankar G Dalwai, learned counsel appearing for the petitioner submitted that a fair - 4 - NC: 2025:KHC-D:3172 RPFC No. 100189 of 2022 opportunity has not been given to the petitioner herein. He also submitted that the amount of maintenance granted by the Family Court is on higher side and accordingly sought for interference of this Court. 8. Having taken note of the factual aspects on record, it is not in dispute that the petitioner herein had received notice from the Family Court, however, remained absent without valid reasons. In that view of the matter, taking into account the parties are residing separately and the respondents herein are residing at Haveri and therefore in order to take care of the minor child (petitioner No.2) aged about 3 years, I am of the view that the maintenance awarded by the Family Court is just and proper and does not call for interference. 9. Accordingly, the petition is dismissed. Sd/- (E.S.INDIRESH) JUDGE SH CT:ANB List No.: 2 Sl No.: 14