- 1 - NC: 2025:KHC-D:1616 RPFC No. 100195 of 2022 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 28TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH REV.PET FAMILY COURT NO. 100195 OF 2022 (-) BETWEEN: SRI. SACHIN S/O. ASHOK NIRANJAN AGE. 34 YEARS, OCC. NIL, (PRIVATE WROK), R/O. 101, AARADIHA APARTMENT, BHAVANI NAGAR, KESHWAPUR, HUBLI, DIST. DHARWAD, TALUK-HUBBALLI-580023 NOW AT FLAT NO-102 KAMAT BUILDING NEAR RAMESH BHAVAN, DAYANAND COLONY, HUBLI, DIST. DHARWAD, TALUK-HUBLI-580023. …PETITIONER (BY SRI. VENKATESH M. KHARVI, ADVOCATE) AND: 1. SMT. VEENA W/O. SACHIN NIRANJAN, AGE. 25 YEARS, OCC. HOUSEWIFE, R/O. C/O. MAHADEVSA T. JITURI 9TH CROSS, OPP MURUDESHWAR FACTORY, SAHADEV NAGAR, HUBLI, DIST. DHARWAD-580024. 2. VIHAAN S/O. SACHIN NIRANJAN AGE. ABOUT 4 YEARS, R/O. C/O. MAHADEVSA T. JITURI, 9TH CROSS, OPP MURUDESHWAR FACTORY, SAHADEV NAGAR, HUBLI, DIST. DHARWAD-580024. (SINCE RESPONDENT NO.2 BEING MINOR, REPRESENTED BY HIS NATURAL MOTHER RESPONDENT NO.1) …RESPONDENTS (BY SRI. VINOD S. PAWAR, ADVOCATE) MANJANNA E Digitally signed by MANJANNA E Location: High Court of Karnataka, Dharwad Bench Date: 2025.02.01 11:43:06 +0530 - 2 - NC: 2025:KHC-D:1616 RPFC No. 100195 of 2022 THIS RPFC IS FILED U/S 19(4) OF THE FAMILY COURT, PRAYING TO SET ASIDE THE ORDER DATED 01.10.2022 PASSED IN CRL. MISC.NO. 383/2021 U/S 125 OF CR.P.C. ON THE FILE OF THE I ADDITIONAL, PRINCIPAL JUDGE, FAMILY COURT, HUBBALLI AND ALLOW THE REVISION WITH COSTS THROUGHOUT, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING: CORAM: THE HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER 1. This petition is filed by the respondent – husband in Crl.Misc.No.383/2021 challenging the order dated 01.10.2022 on the file of the I Additional Principal Judge, Family Court, Hubballi1 awarding maintenance to the respondents herein. 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 petitioners before the Family Court that the marriage between the petitioner No.1 and respondent was solemnized on 17.04.2017 at 1 Hereinafter referred to as ‘Family Court’ - 3 - NC: 2025:KHC-D:1616 RPFC No. 100195 of 2022 Hubballi and in their wedlock, petitioner No.2 is born. It is the case of the petitioners that the respondent has neglected the petitioners and was not providing basic necessities to the petitioners and also stated in the petition that the respondent is having a love affair with another girl (his neighbor) and he wants to marry her and as such, the respondent has filed M.C.No.292/2020 seeking dissolution of marriage. Hence, the petitioners have filed Crl.Misc.No.383/2021 seeking maintenance against the respondent. 4. After service of notice, the respondent – husband entered appearance and filed detailed statement of objection denying the allegation made by the petitioners against him. It is also the case of the respondent that he has filed M.C.No.292/2020 seeking dissolution of marriage and same is pending consideration before the competent Court. It is also stated that he is having no job presently, and therefore not able to provide maintenance to the - 4 - NC: 2025:KHC-D:1616 RPFC No. 100195 of 2022 petitioners therein and accordingly the respondent sought for dismissal of the petition. 5. The Family Court after considering the material on record, by its order dated 01.10.2022, disposed of the petition with a direction to the respondent – husband to pay monthly maintenance of Rs.7,000/- to petitioner No.1 – wife and Rs.3,000/- to petitioner No.2 – child. Feeling aggrieved by the same, the respondent – husband has preferred this petition. 6. I have heard Sri.Venkatesh M Kharvi, learned counsel appearing for the petitioner and Sri.Vinod S Pawar, learned counsel appearing for the respondents. 7. Sri.Venkatesh M Kharvi, learned counsel appearing for the petitioner invited attention of this Court to Ex.R.1 – letter dated 01.01.2022 issued by Mansa Sales Corporation, Hubballi stating that, the monthly maintenance awarded by the Family Court is on higher side which requires to be interfered with taking into - 5 - NC: 2025:KHC-D:1616 RPFC No. 100195 of 2022 account the difficulties of the petitioner herein to maintain the respondents herein and accordingly sought for interference of this Court. 8. Per contra, Sri.Vinod S Pawar, learned counsel appearing for the respondents sought to justify the impugned order. 9. Having taken note of the submission made by the learned counsel appearing for the parties, it is not in dispute that the petitioner No.1 married the respondent on 17.04.2017 and in their wedlock petitioner No.2 is born. Taking into account the fact that M.C.No.292/2020 is filed by the petitioner herein against respondent No.1 seeking dissolution of marriage and same would indicate that the parties are residing separately. Taking into account the fact that the respondents herein are residing in Hubballi city and they have to take care of their livelihood and therefore order of maintenance granted to the respondents is just and proper, hence I do not find any force in the submission made by the learned counsel - 6 - NC: 2025:KHC-D:1616 RPFC No. 100195 of 2022 appearing for the petitioner. Accordingly, the petition is dismissed. Sd/- (E.S.INDIRESH) JUDGE SH CT:ANB List No.: 1 Sl No.: 21