- 1 - HC-KAR NC: 2025:KHC:30662 RPFC No. 50 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI REV.PET FAMILY COURT NO. 50 OF 2022 BETWEEN: 1. SMT. D.S.ANUSHA W/O SRI K.N.RAMEGOWDA AGED ABOUT 28 YEARS, 2. MASTER KISHORE K.R., S/O SRI K.N.RAMEGOWDA AGED ABOUT 8 YEARS, REP. BY NATURAL GUARDIAN MOTHER SMT D.S.ANUSHA BOTH ARE R/AT DODDABELALU VILLAGE AND POST, RAVANDUR HOBLI, PERIYAPATNA TALUK MYSORE DISTRICT …PETITIONERS (BY MS.ARCHITA NAMBIAR, ADVOCATE FOR SRI.MAHESH Y.L., ADVOCATE) AND: SRI. K.N.RAMEGOWDA S/O SRI K.A.NAGARAJU AGED ABOUT 41 YEARS R/AT KOGILAVADI VILLAGE KASABA HOBLI, PERIYAPATNA TALUK MYSORE DISTRICT …RESPONDENT THIS RPFC FILED UNDER SECTION 19(4) OF FAMILY COURTS ACT AGAINST THE ORDER DATED 13.06.2018 PASSED IN CRL.MISC.NO.144/2016 ON THE FILE OF THE LEARNED SENIOR CIVIL JUDGE AND JMFC, PERIYAPATNA, PARTLY ALLOWING THE PETITION FILED UNDER SECTION 125 OF Cr. P.C FOR MAINTENANCE. Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:30662 RPFC No. 50 of 2022 THIS PETITION, COMING ON FOR ORDERS, 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.144/2016 dated 13.06.2018 by the Senior Civil Judge and JMFC, Periyapatna whereby the Trial Court had granted alimony of an amount of Rs.2,000/- per month each to the wife and the child. The wife and the child have filed this petition in the year 2022. 2. When there is a delay of almost two years, an application for condonation of delay was not filed. On 14.11.2022, as there was no representation on behalf of the petitioner, the RPFC was dismissed for non-prosecution. After that as it is the allegation that the advocate has not communicated and they have contacted the new advocate, the learned counsel for the petitioners had filed a fresh RPFC.No.3/2024 before this Court. When the matter came up on 29.11.2024 before this Court, considering the fact that already RPFC.No.50/2022 is pending, this Court had given liberty to file an I.A. Thereafter, on 25.03.2025, I.A.No.1/2025 - 3 - HC-KAR NC: 2025:KHC:30662 RPFC No. 50 of 2022 was filed to condone the delay of 832 days in filing the recall application. 3. Right from the year 2018 till 2025, the petitioner had not pursued the matter. No application is filed to condone the delay in filing the RPFC. When the matter is dismissed for non-prosecution, again another RPFC is filed. All these facts reveal that there are no bonafides on the part of the petitioner in prosecuting the petitions. This Court finds no reasons to condone the delay of 832 days in filing the recall application. Hence, this Court is passing the following: ORDER i. I.A.No.1/2025 is dismissed. Consequently I.A.No.2/2025 filed to recall the order dated 14.11.2022 is also dismissed. ii. Accordingly, this RPFC is dismissed. iii. All I.As., in the RPFC shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE BN/List No.: 2 Sl No.: 17