- 1 - NC: 2025:KHC-D:5185 RPFC No. 100182 of 2023 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. 100182 OF 2023 (-) BETWEEN: SRI. ANIL KUMAR CHOWAN @ CHAVAN S/O. RAMA CHOWAN @ CHAVAN, AGED ABOUT 48 YEARS, OCC: DEPUTY RANGE FOREST OFFICER, NOW AT R/O. INDI, DESHPANDE THANDA, INDI TOWN, TQ: INDI, DIST: VIJAYAPURA-582850. ALSO AT H.B. HALLI TQ BALLARI. …PETITIONER (BY SMT. RANJITA ALAGAWADI, ADVOCATE FOR SRI. PRAVEEN P. TARIKAR, ADVOCATE) AND: 1. SMT. CHAMPA CHOWAN @ CHAVAN, W/O. ANIL KUMAR CHOWAN @ CHAVAN, AGED ABOUT 41 YEARS, OCC: HOUSEWIFE, R/O. SHANTHI NAGAR, SATWIK APARTMENT, 2ND FLOOR, DOOR NO.6, CHITWADIGI, HOSAPETE, VIJAYPURA DISTRICT-582850. 2. AKHILESH CHOWAN @ CHAVAN S/O. ANIL KUMAR CHAWAN @ CHAVAN, AGE: 16 YEARS, OCC: STUDENT, SINCE MINOR REPRESENTED BY RESPONDENT NO.1 MOTHER …RESPONDENTS (BY SMT. RESHMA MADIWALAR, ADVOCATE FOR SRI. T. HANUMAREDDY, ADVOCATE) THIS RPFC IS FILED UNDER SECTION 19(4) OF THE FAMILY COURT ACT, 1984 ALLOW THE REVISION PETITION BY SETTING ASIDE THE ORDER DATED 03.10.2023 IN CRL. MISC. NO.53/2016 PASSED BY THE HON’BLE ADDITIONAL CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS, AT HOSAPETE, IN THE INTEREST OF JUSTICE AND EQUITY. Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.03.25 16:02:38 +0530 - 2 - NC: 2025:KHC-D:5185 RPFC No. 100182 of 2023 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.53/2016 challenging the Order dated 03.10.2023, passed by the Additional Civil Judge and JMFC at Hosapete, granting maintenance to the respondent herein. 2. For the sake of convenience, parties are referred with reference to their ranking in Crl.Misc.No.53/2016, on the file of Additional Civil Judge and JMFC at Hosapete. 3. It is the case of the petitioners that marriage between the petitioner No.1 and the respondent was solemnized on 11.03.2001, and in their wedlock, two children were born i.e. petitioner Nos.2 and 3. It is the case of the petitioners that respondent was adamant and not taking care of the needs of the family. It is also stated in the petition that the respondent has thoroughly neglected the petitioners, not taking care of the family and also not paying the family expenses as well as the school fees of petitioner Nos.2 and 3 and as such, the - 3 - NC: 2025:KHC-D:5185 RPFC No. 100182 of 2023 petitioners have left the matrimonial home and residing separately. Hence, petitioners have filed Crl.Misc.53/2016, on the file of Family Court, seeking maintenance. 4. After service of notice, the respondent entered appearance and filed detailed objection stating that petitioner No.1 was in the habit of visiting her parents’ house regularly without intimating the respondent or his family members and she also used to quarrel for small issues and that the petitioners themselves have left the matrimonial home. The Family Court, after considering the material on record, by its Order dated 03.10.2023, granted maintenance of Rs.10,000/- to petitioner No.1 and Rs.8,000/- to petitioner No.3, however, dismissed the petition in so far as petitioner No.2 is concerned. Feeling aggrieved by the same, the respondent/husband has presented this petition. 5. I have heard Sri. Praveen P. Tarikar, learned counsel for the petitioner and Smt. Reshma Madiwalar, learned counsel on behalf of Sri. T. Hanumareddy, learned counsel for respondent No.1. Respondent No.2 is represented by respondent No.1. - 4 - NC: 2025:KHC-D:5185 RPFC No. 100182 of 2023 6. It is the submission of the learned counsel for the petitioner herein that, respondent No.1 has admitted that she is having agricultural land to an extent of 7 acres 42 guntas and also respondent No.1 herein is running Lorial Beauty Parlour at Hosapete, besides the hotel business. Therefore, learned counsel for the petitioner seeks interference of this Court. 7. Per contra, learned counsel for the respondent submitted that land has been gifted by her parents’ and therefore, sought for dismissal of the petition as the petitioner herein has totally neglected the respondent and her children and accordingly sought for dismissal of the Revision 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 11.03.2001 and in their wedlock, petitioner Nos.2 and 3 were born. On careful examination of the Family Court records would indicate that, petitioner No.1 has also lodged a complaint against the respondent/husband and same was registered in Crime No.119/2017 at Hurti Village, Indi Taluk and she has registered a criminal case in - 5 - NC: 2025:KHC-D:5185 RPFC No. 100182 of 2023 D.P.No.172/2017, which makes it clear that parties are residing separately. 9. At this juncture, learned counsel submitted that so far as the age of the children is concerned, both children i.e., petitioner Nos.2 and 3 have attained the age of majority as on today. 10. Taking into consideration the fact that the respondent/husband is working as ARFO and as he himself has admitted before the Family Court with regard to his salary as per the finding recorded by the Family Court at para Nos.15 to 17 is concerned, I am of the view that, no interference is called for in this petition. 11. Accordingly, the Petition is dismissed. Sd/- (E.S.INDIRESH) JUDGE sac CT-MCK List No.: 2 Sl No.: 14