- 1 - NC: 2025:KHC-D:4427 RPFC No. 100189 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 7TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH REV.PET FAMILY COURT NO. 100189 OF 2024 (-) BETWEEN: MOHAMMED HANIF KHAZI, S/O. RAJA MOHAMMED KHAZI, AGED ABOUT 35 YEARS, R/O. MAIN BAZAAR, WARD NO.11, MASKI, DIST: RAICHUR-584124. …PETITIONER (BY SRI. BASAVARAJ S. SATANNAVAR, ADVOCATE) AND: 1. SMT. DILSHAD K. W/O. MOHAMMED HANIF, AGED ABOUT 30 YEARS, OCCU: HOMEMAKER, 2. MD MUDASIR, 11 YEARS, 3. SANNA FATHIMA, 9 YEARS, ALL ARE R/O. W.NO.17, EMMIGANUR, TQ: AND DIST: BALLARI-583113. RESPONDENT NO.2 AND 3 ARE MINORS REPRESENTED BY THEIR NEXT FRIEND AND NATURAL MOTHER THE RESPONDENT NO.1 HEREIN. …RESPONDENTS THIS RPFC IS FILED UNDER SECTION 19(4) OF THE FAMILY COURT ACT, 1984 PRAYING THAT THE ORDER DATED 30.08.2024 IN CRIMINAL MISC.NO.186/2023 PASSED BY THE LEARNED PRINCIPAL JUDGE, FAMILY COURT, BALLARI, WHEREIN THE PETITION IS PARTLY ALLOWED, BY ORDERING THE PETITIONER TO PAY MAINTENANCE OF RS.5000/- EACH IN FAVOUR OF PETITIONER/RESPONDENTS NO.1 TO 3 AS MONTHLY MAINTENANCE (A TOTAL SUM OF 15,000/- PER MONTH) FROM THE DATE OF PETITION TO RESPONDENTS HEREIN FROM THE DATE OF PETITION, MOHANKUMAR B SHELAR Digitally signed by MOHANKUMAR B SHELAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - NC: 2025:KHC-D:4427 RPFC No. 100189 of 2024 BE KINDLY SET ASIDE BY ALLOWING THIS PETITION AS STATED ABOVE, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER 1. This petition is filed by the respondent – husband challenging the order dated 30.08.2024 in Crl.Misc.No.186/2023 on the file of the Principal Judge, Family Court, Ballari1 granting 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 with the respondent was solemnized on 30.06.2011 and in their wedlock two children were born namely petitioners No.2 and 3. It is the case of the petitioners that the respondent was not taking care of the needs of the 1 Hereinafter referred to as ‘Family Court’ - 3 - NC: 2025:KHC-D:4427 RPFC No. 100189 of 2024 petitioners and petitioner No.1 has been inhumanly treated to get additional dowry from her parents and having not tolerated the same, the petitioners have left the matrimonial home. Hence, the petitioners have filed Crl.Misc.No.186/2023 before the Family Court seeking maintenance. 4. After service of notice, the respondent – husband entered appearance and filed detailed objection admitting the relationship with the parties, however, denied the allegations made in the claim petition. It is the case of the respondent that, the petitioner No.1 was adamant in character and therefore she left the matrimonial home on her own and hence sought for dismissal of the petition. 5. The Family Court after considering the material on record, by its order dated 30.08.2024, allowed the petition in part and directed the respondent – husband to pay monthly maintenance of Rs.5,000/- each to - 4 - NC: 2025:KHC-D:4427 RPFC No. 100189 of 2024 petitioners No.1 to 3. Feeling aggrieved by the same, the respondent – husband has preferred this petition. 6. I have heard Sri.Basavaraj S Satannavar, learned counsel appearing for the petitioner. 7. It is contended by the learned counsel for the petitioner that the petitioner is working in a garage and is a daily labourer earning Rs.300/- per day and therefore it is contended that the award of maintenance by the Family Court requires to be interfered with. 8. In the light of the submissions made by the learned counsel for the petitioner, I have carefully examined the finding recorded by the Family Court. On careful examination of the finding recorded by the Family Court would indicate that the marriage between the petitioner No.1 with the respondent was solemnized on 30.06.2011 and in their wedlock two children were born. Taking into consideration the fact that the parties are residing separately and also the finding recorded by the - 5 - NC: 2025:KHC-D:4427 RPFC No. 100189 of 2024 Family Court at para No.15 with regard to quantification of maintenance to be awarded, I do not find merit in the petition. 9. Accordingly, the petition is dismissed as the award of maintenance by the Family Court is just and proper and as the petitioner No.1 has to take care of two children. Sd/- (E.S.INDIRESH) JUDGE SH CT-MCK List No.: 1 Sl No.: 21