- 1 - NC: 2025:KHC-D:5249 RPFC No. 100187 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 21ST DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH REV.PET FAMILY COURT NO. 100187 OF 2024 BETWEEN: SHRI RAHUL S/O. DHAKALU PATIL, AGE: 36 YEARS, OCC: COOLIE, R/O. RAMGHAT ROAD, 299, GANESHPUR, BELAGAVI-591108. …PETITIONER (BY MS. DHANASHREE PAWASHE, ADVOCATE) AND: 1. SMT. BHAGYASHRI W/O. RAHUL PATIL, PRIOR TO MARRIAGE BHAGYASHRI D/O. SHRIKANT AMRUSKAR, AGE: 25 YEARS, OCC: HOUSEWIFE, R/O.C/O. SMT. SUNANDA SHRIKANT AMRUSKAR, 6TH CROSS, SHASTRI NAGAR, BELAGAVI-590001. 2. KUMARI PRIYA D/O. RAHUL PATIL, AGE: 3 YEARS, OCC: NIL, R/O.C/O. SMT. SUNANDA SHRIKANT AMRUSKAR, 6TH CROSS, SHASTRI NAGAR, BELAGAVI. (SINCE MINOR REPRESENTED BY HER NATURAL MOTHER M/G RESPONDENT NO.1) …RESPONDENTS (R1- SERVED & UNREPRESENTED; R2- MINOR R/BY R1) THIS RPFC IS FILED UNDER SECTION 19(4) OF THE FAMILY COURT ACT 1984, PRAYING TO SET ASIDE THE ORDER DATED 24.07.2024 PASSED BY THE I ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, BELAGAVI IN CRL.MISC.NO.58/2022 & ETC., THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.03.22 15:55:13 +0530 - 2 - NC: 2025:KHC-D:5249 RPFC No. 100187 of 2024 CORAM: THE HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER 1. This petition is filed by the respondent – husband challenging the order dated 24.07.2024 in Crl.Misc.No.58/2022 on the file of the I Additional Principal Judge, Family Court, Belagavi1 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 16.02.2020 and in their wedlock petitioner No.2 is born. It is the case of the petitioners that the respondent and his family members used to ill-treat the petitioner No.1 and were pestering petitioner No.1 to bring additional dowry, and as such the petitioners have left the matrimonial home and residing separately. Hence, the petitioners have filed 1 Hereinafter referred to as ‘Family Court’ - 3 - NC: 2025:KHC-D:5249 RPFC No. 100187 of 2024 Crl.Misc.No.58/2022 before the Family Court seeking maintenance from the respondent. 4. After service of notice, the respondent – husband entered appearance and filed detailed statement of objection, denying the allegation made in the claim petition. It is the specific contention of the respondent that the petitioner No.1 used to taunt the respondent and his family members whimsically and therefore, there is incompatibility in the relationship between them and accordingly sought for dismissal of the petition. 5. The Family Court after considering the material on record, by its order dated 24.07.2024, allowed the petition in part by directing the respondent – husband to pay monthly maintenance of Rs.6,000/- to the petitioner No.1 and Rs.3,000/- to petitioner No.2. Feeling aggrieved by the same, the respondent – husband has preferred this petition. - 4 - NC: 2025:KHC-D:5249 RPFC No. 100187 of 2024 6. I have heard Smt.Dhanashree Pawashe, learned counsel appearing for the petitioner. 7. It is contended by the learned counsel for the petitioner that the petitioner herein has no means to pay maintenance to the respondents herein and also argued that the respondent No.1 has filed criminal case falsely against the petitioner and his family members herein and accordingly, sought for interference of this Court. 8. In the light of the submissions made by the learned counsel for the petitioner and on careful examination of the finding recorded by the Family Court would indicate that the marriage of the petitioner No.1 with respondent - husband was solemnized on 16.02.2020 and in their wedlock petitioner No.2 is born. Perusal of the finding recorded by the Family Court would indicate that petitioner No.1 has lodged complaint before the Mahila Police Station against the respondent and his family members and same is registered in Crime No.55/2021 for the Offences punishable under Sections 498A, 323, 504, - 5 - NC: 2025:KHC-D:5249 RPFC No. 100187 of 2024 506 read with Section 34 of IPC. The said fact would indicate that the parties are residing separately. Taking into account the finding recorded by the Family Court and also the respondent - husband has filed M.C.No.196/2022 seeking dissolution of marriage against petitioner No.1 and also it is forthcoming from the finding recorded by the Family Court as per para No.13, with regard to quantification of maintenance by the Family Court, same is just and proper and does not call for interference of this Court. 9. Accordingly, the petition is dismissed. Sd/- (E.S.INDIRESH) JUDGE SH LIST NO.: 2 SL NO.: 16