- 1 - NC: 2025:KHC-D:3309 RPFC No. 100199 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 18TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH REV.PET FAMILY COURT NO. 100199 OF 2023 (-) BETWEEN: SURAJSINGH S/O. CHANDUSINGH BANSI, AGE. 53 YEARS, OCC. SERVICE, R/O. EXECUTIVE ENGINEER OFFICE LOKOPAYOGI BANDARU AND OLANADU SARIGE ILAKHE, CHIKODI DIVISION, TQ. CHIKODI, DIST: BELAGAVI-591201. …PETITIONER (BY SRI. A. P. MURARI, ADVOCATE) AND: SMT. VINODA W/O. SURAJSINGH BANSI, AGE. 39 YEARS, OCC. HOUSEHOLD WORK, R/O. RAJAPUR GALLI, HAVERI, TQ.DIST. HAVERI-581110. …RESPONDENT (BY SRI. VIDYASHANKAR G. DALWAI, ADVOCATE) ----- THIS RPFC IS FILED UNDER SEC.19(4) OF THE FAMILY COURT ACT, 1984, PRAYING TO SET ASIDE THE IMPUGNED ORDER IN CRL.MISC.NO.67/2022 DATED 04.10.2023 PASSED BY THE LEARNED PRL. JUDGE, FAMILY COURT, HAVERI (PRODUCED AT ANNEXURE-F) DIRECTING THE PETITIONER TO PAY A MAINTENANCE OF RS. 8000/- PER MONTH TO THE RESPONDENT, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING: Digitally signed by V N BADIGER Location: High Court of Karnataka, Dharwad Bench - 2 - NC: 2025:KHC-D:3309 RPFC No. 100199 of 2023 CORAM: THE HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER This petition is filed by the respondent questioning the order dated 04.10.2023 in Criminal Miscellaneous No.67/2022 on the file of Principal Judge, Family Court, Haveri (for short, hereinafter referred to as ‘Family Court’), granting maintenance to the respondent 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 petitioner before the Family Court that, the marriage between the petitioner and respondent was solemnized on 23.12.2012 at Haveri. It is also stated in the petition that, after the marriage the respondent was harassing the petitioner and also informed the petitioner that, he has not interested to continue the marital life and therefore, the respondent was harassing the petitioner and on several occasion the respondent and his family members have assaulted the petitioner and as such, the petitioner left the matrimonial home on 01.01.2015. Hence, the petitioner has - 3 - NC: 2025:KHC-D:3309 RPFC No. 100199 of 2023 filed Criminal Miscellaneous No.67/2022 seeking maintenance from the respondent. 4. After service of notice, the respondent-husband entered appearance and filed detailed statement of objection stating that the petitioner wife lived with the respondent for only seven days in the matrimonial home and thereafter, she left the matrimonial home along with her jewels and thereafter, the petitioner did not return to matrimonial home. It is also contended by the respondent that the marriage between the parties is not consummated and accordingly, sought for dismissal of the petition. 5. The Family Court after considering the material on record by its order dated 04.10.2023 allowed the petition in part by granting maintenance of Rs.8,000/- to the petitioner- wife. Feeling aggrieved by the same, the respondent has preferred this petition. 6. I have heard Sri. A.P.Murari, learned counsel appearing for the petitioner and Sri. Vidyashankar G. Dalawai, learned counsel appearing for the respondent. - 4 - NC: 2025:KHC-D:3309 RPFC No. 100199 of 2023 7. Sri. A. P. Murari, learned counsel appearing for the petitioner, contended that the Family Court failed to consider the fact that the marriage was not consummated and the petitioner herself left the matrimonial home without any cause and further argued that the quantification of maintenance by the Family Court is exorbitant and accordingly, sought for interference of this Court. 8. Per contra, Sri. Vidyashankar G. Dalawai, learned counsel appearing for the respondent sought to justify the impugned order. 9. In the light of the submission made by the learned counsel appearing for the parties, it is not in dispute that the marriage between the petitioner and the respondent was solemnized on 23.12.2012 at Haveri and the petitioner, stayed in the matrimonial home. It is also forthcoming from the records that, the petitioner-wife has initiated proceedings in Criminal Miscellaneous No.104/2016 under the provisions of Domestic Violence Act before the Civil Judge and JMFC, Haveri, and same is pending consideration before the Competent Court. - 5 - NC: 2025:KHC-D:3309 RPFC No. 100199 of 2023 10. In that view of the matter, it could be concluded that, the parties are residing separately. Taking into account the fact that, the petitioner herein working as Second Division Assistant in PWD Office of Chikkodi Division, I am of the view that the award of maintenance by the Family Court is just and proper taking into consideration the admission made by the petitioner herein as RW1 that his salary is of Rs.50,000/- per month. 11. In the result, petition is dismissed. Sd/- (E.S.INDIRESH) JUDGE SMM CT:ANB List No.: 2 Sl No.: 5