- 1 - NC: 2025:KHC-D:5187 RPFC No. 100186 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 20TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH REV.PET FAMILY COURT NO. 100186 OF 2024 (-) BETWEEN: SHRI SUMANTH S/O. MADIVALAPPA HANCHINMANI, AGE: 48 YEARS, OCC: SERVICE, R/O. DEVARSHIGIHALLI-591153, TALUK: BAILHONGAL, DIST: BELAGAVI, NOW AT BHUTARAMANHATTI, NH-4, BELAGAVI, THE GOVT. SERVANTS CO-OP HOUSING SOCIETY, BASAVA COLONY, “BAUXITE ROAD, BELAGAVI, TQ: BELAGAVI, DIST: BELAGAVI-590001. …PETITIONER (BY SRI. SANTOSH APPASAB BIRANAGI, ADVOCATE) AND: 1. SMT. NAGAVVA W/O. SUMANT HANCHINMANI, AGE: 43 YEARS, OCC: COOLIE WORK, R/O. 1803, BASAV NAGAR, HIREBAGEWADI-591 109, TALUK AND DIST: BELAGAVI. 2. TANUJA D/O. SUMANT HANCHINMANI, AGE: 22 YEARS, OCC: STUDENT, R/O. 1803, BASAV NAGAR, HIREBAGEWADI-591 109, TALUK AND DIST: BELAGAVI. 3. NAVEEN S/O. SUMANT HANCHINMANI, AGE: 20 YEARS, OCC: STUDENT, Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.03.25 16:02:39 +0530 - 2 - NC: 2025:KHC-D:5187 RPFC No. 100186 of 2024 R/O. 1803, BASAV NAGAR, HIREBAGEWADI-591 109, TALUK AND DIST: BELAGAVI. …RESPONDENTS (BY SRI. SANJAY S. KATAGERI, ADVOCATE) THIS RPFC IS FILED UNDER SECTION 19(4) OF THE FAMILY COURT ACT, 1984 PRAYING TO SET ASIDE THE IMPUGNED JUDGMENT DATED 07.10.2023 PASSED IN CRL.MISC.NO.28/2023 ON THE FILE OF THE I ADDL. PRINCIPAL JUDGE, FAMILY COURT BELAGAVI FOR SEEKING MAINTENANCE, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION COMING ON FOR ADMISSION 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 respondent in Crl. Misc. No.28/2023 challenging the order dated 07.10.2023, on the file of I Addl. Prl. Judge, Family Court, Belagavi, granting maintenance to the respondent herein. 2. For the sake of convenience, parties are referred with reference to their rank before the Family Court, Belagavi. 3. It is the case of the petitioners that marriage between the petitioner No.1 and the respondent was solemnized on - 3 - NC: 2025:KHC-D:5187 RPFC No. 100186 of 2024 24.03.2000 and in their wedlock, two children were born i.e. petitioner Nos.2 and 3. It is the case of the petitioners that respondent has totally neglected the petitioners and also respondent/husband has married another woman and has got a child from the said marriage and therefore, the petitioners have left matrimonial home and residing separately. Hence, the petitioners have filed Crl.Misc.No.28/2023, seeking maintenance from the respondent/husband. 4. Though the notice was served to the respondent/husband, however, he refused to take the registered post and same was returned to the Family Court as ‘refused’. Hence, the Family Court, based on the available records, by its order dated 07.10.2023, granted maintenance of Rs.7,000/- per month each to petitioner Nos.1 and 2. Feeling aggrieved by the same, the respondent has presented this petition. 5. I have heard Sri. Santosh Biranagi, learned counsel for the petitioner and Sri. Sanjay S. Katageri, learned counsel for the respondents. - 4 - NC: 2025:KHC-D:5187 RPFC No. 100186 of 2024 6. It is the submission made by the learned counsel for the petitioner that award of maintenance is on the higher side and also it is contended that, fair opportunity has not been extended to the respondent/husband to contest the matter on merits and accordingly sought for interference of this Court. 7. Per contra, Sri. Sanjay S. Katageri, learned counsel submitted that though notice was issued to the respondent/husband, however, he deliberately refused to accept the same and accordingly sought for dismissal of this petition. 8. In the light of the submissions made by the learned counsel for the parties, it is not in dispute that marriage between the petitioner No.1 and the respondent was solemnized on 24.03.2000 and in their wedlock, two children were born i.e. petitioner Nos.2 and 3. Perusal of the finding recorded by the Family Court would indicate that parties are residing separately. In that view of the matter, having taken note of the fact that the respondent/husband has deliberately refused to appear before the Court and further, as the respondent/husband is working as SDA at Rani Chennamma - 5 - NC: 2025:KHC-D:5187 RPFC No. 100186 of 2024 University and therefore, the award of maintenance by the Family Court is just and proper which does not call for any interference of this Court. 9. Accordingly the petition is dismissed. Sd/- (E.S.INDIRESH) JUDGE sac CT-MCK List No.: 2 Sl No.: 15