- 1 - NC: 2025:KHC-D:1863 RPFC No. 100174 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 30TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH REV.PET FAMILY COURT NO. 100174 OF 2024 BETWEEN: AMBANNA S/O CHIDANANDA AGE. 32 YEARS, OCC. AUTO DRIVER, R/O. WARD NO.35, NEAR S.P.CIRCLE, KURIHATTI, SHIRAGUPPA ROAD, TQ.& DIST. BALLARI-583201. …PETITIONER (BY SRI. V.P. VADAVI, ADVOCATE) AND: 1. SMT. DHANA LAKSHMI W/O AMBANNA AGE. 38 YEARS, OCC. HOUSEWIFE, 2. MINOR ARUN KUMAR S/O AMBANNA AGE. 1 YEARS, OCC. NIL, 3. MINOR VAMSHI S/O AMBANNA AGE. 12 YEARS, OCC. NIL, (RESPONDENT NOS.2 AND 3 BEING MINORS ARE REPRESENTED BY THEIR NATURAL GUARDIAN RESPONDENT NO.1) (ALL ARE R/O. WARD NO.6, HALLI MARA ONI, SRINGERI POST, TQ. SHIRAGUPPA, DIST. BALLARI-583201) …RESPONDENTS (BY SRI. B.S. SANGATI, ADVOCATE) THIS RPFC IS FILED UNDER SEC.19(4) OF THE FAMILY COURT ACT, 1984, PRAYING TO ALLOW THE REVISION PETITION BY SETTING ASIDE THE JUDGMENT AND ORDER DATED 03.10.2024 PASSED BY THE COURT OF PRL. JUDGE FAMILY COURT, BALLARI IN MANJANNA E Digitally signed by MANJANNA E Date: 2025.02.04 11:08:48 +0530 - 2 - NC: 2025:KHC-D:1863 RPFC No. 100174 of 2024 CRIMINAL MISC.NO.205/2024, IN THE INTEREST OF JUSTICE AND EQUITY & ETC., THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING: CORAM: THE HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER (PER: THE HON'BLE MR. JUSTICE E.S.INDIRESH) This Revision Petition is filed by the respondent in Criminal Miscellaneous No.205/2024, challenging the order dated 03.10.2024 on the file of Principal Judge, Family Court, Ballari (for short, hereinafter referred to as ‘Family Court’), awarding maintenance to the petitioners therein. 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 that the marriage between the petitioner No.1 and the respondent was solemnized on 23.02.2011 at Ballari and in their wedlock petitioner Nos.2 and 3 were born. It is the case of the petitioners that the respondent is having illicit relationship with a lady and also ill-treating the petitioners and as such the petitioners lodged complaint before the Women Police Station - 3 - NC: 2025:KHC-D:1863 RPFC No. 100174 of 2024 at Ballari which came to be registered as Crime 48/2024 against the respondent. Hence, the petitioners left the matrimonial home and sought for maintenance from the respondent. 4. On service of notice, the respondent – husband did not appear before the Family Court and accordingly placed ex- parte. The Family Court after considering the material on record by its order dated 03.10.2024 granted maintenance of Rs.7,500/- each to the petitioners. Feeling aggrieved by the same, the respondent has preferred this petition. 5. Heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondents. 6. It is the submission of the learned counsel appearing for the petitioner that no fair opportunity was extended to the respondent-husband before the Family Court and award of maintenance is on the higher side and accordingly sought for interference by this Court. 7. Per contra, the learned counsel appearing for the respondents herein submitted that the petitioner herein is - 4 - NC: 2025:KHC-D:1863 RPFC No. 100174 of 2024 having six residential premises and is having a travel business at Ballari and therefore, sought for dismissal of the petition. 8. In the light of the submission made by the learned counsel appearing for the parties, as per Ex.P1 the marriage between the petitioner No.1 with the respondent was solemnized on 23.02.2011 and their wedlock petitioner Nos.2 and 3 were born. It is also not in dispute that the parties are residing separately. 9. Perusal of the impugned order would indicate that, the petitioner herein though served with notice before the Family Court however, did not appear before the Family Court. In that view of the matter, without expressing any opinion on merits of the case, I am of the opinion that, the matter requires to re-consideration by the Family Court after affording opportunity to both the side. However, taking into consideration that the petitioners are residing separately at Hubballi and therefore, no interference is called for, insofar as award of maintenance by the Family Court in the order dated 03.10.2024 and same shall be continued till the final adjudication of the matter by the Family Court. 10. In the result, I pass the following: - 5 - NC: 2025:KHC-D:1863 RPFC No. 100174 of 2024 ORDER i. Petition is allowed in part. ii. Order dated 03.10.2024 in Criminal Miscellaneous No.205/2024 on the file of Principal Judge, Family Court at Ballari, is set aside subject to the payment of maintenance as stated above. iii. The Family Court is requested to conclude the matter at the earliest after affording opportunity to both the sides and in order to avoid further delay in the matter. iv. Parties are directed to appear before the Family Court at Ballari on 21.02.2025 at 11.00 a.m. SD/- (E.S.INDIRESH) JUDGE SMM LIST NO.: 1 SL NO.: 35