- 1 - NC: 2025:KHC-D:628 RPFC No. 100211 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 16TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH REV.PET FAMILY COURT NO. 100211 OF 2023 (-) BETWEEN: SRI. VEERASHEKARA REDDY S/O. K. HUCHHA REDDY, AGE: 34 YEARS, OCC. AGRICULTURE, R/O: KENGAL VILLAGE, SINDHANOOR TQ, DIST. RAICHUR. …PETITIONER (BY SRI. V. P. VADAVI, ADVOCATE) AND: 1. SMT. GAYATHRI P.S. ALIYAS PALLAVI W/O. VEERASHEKARA REDDY D/O. P. SRINIVAS REDDY, AGE: 28 YEARS, OCC. HOUSEHOLD WORK, 2. KUMAR RUTHVIK REDDY S/O. VEERASHEKARA REDDY, AGE: 8 YEARS, 3. K. KEERTHI D/O. VEERASHEKARA REDDY, AGE: 7 YEARS, (THE RESPONDENT NO.2 AND 3 ARE MINOR AND ARE REPRESENTED BY THEIR NATURAL GUARDIAN (MOTHER R1) AND ALL ARE RESIDENT OF WARD NO.1, NEAR GRAMPANCHAYATH, HOSA YERAGUDI VILLAGE, BALLARI TALUK AND DIST – 583101. …RESPONDENTS (BY SRI. MALLIKARJUNSWAMY B. HIREMATH, ADVOCATE) ------- MANJANNA E Digitally signed by MANJANNA E Date: 2025.01.24 13:10:02 +0530 - 2 - NC: 2025:KHC-D:628 RPFC No. 100211 of 2023 THIS RPFC IS FILED UNDER SEC.19(4) OF THE FAMILY COURT ACT, 1984, PRAYING TO CALL FOR RECORDS AND ALLOW THE REVISION PETITION BY SETTING ASIDE THE JUDGMENT AND ORDER DATED 02-08-2023 PASSED BY THE COURT OF PRINCIPAL JUDGE, FAMILY COURT, BALLARI IN CRIMINAL MISC. NO.113/2020, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING: CORAM: THE HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER Heard the learned counsel for the parties. 2. This petition is filed by the respondent in Criminal Miscellaneous No.113/2020, challenging the order dated 02.08.2023 on the file of Principal Judge, Family Court at Ballari, allowing the petition in part. 3. For the sake of convenience, the parties are referred to as per their ranking before the Family Court. 4. It is the case of the petitioners that the marriage between the petitioner No.1 and the respondent was solemnized on 05.02.2015 at Hosa Yeragudi village and in their wedlock petitioner Nos.2 and 3 were born. It is further stated in the petition that the respondent was not taking care of the needs of the family and was also demanding additional dowry from the parents of the petitioner No.1 despite being an - 3 - NC: 2025:KHC-D:628 RPFC No. 100211 of 2023 alcoholic. Hence, the petitioners left the matrimonial home and residing with the parents of the petitioner No.1. The petitioners have filed Criminal Miscellaneous No.113/2022 before the Family Court seeking maintenance. 5. On service of notice, the respondent entered appearance and denied the allegations made against him in the claim petition. It is also the specific contention that the petitioner No.1 has left the matrimonial home voluntarily and therefore, sought for dismissal of the petition. 6. The petitioner No.1 was examined as PW1 and respondent was examined as RW1. The petitioners have produced 6 documents and the respondent has produced 5 documents. The Family Court after considering the material on record awarded maintenance of Rs.4,000/- each to the petitioners. Feeling aggrieved by the same , the present petition is filed by the respondent-husband. 7. Heard Sri. V.P. Vadavi, learned counsel for the petitioner and Sri. Mallikarjunswamy B. Hiremath, learned counsel for the respondents. - 4 - NC: 2025:KHC-D:628 RPFC No. 100211 of 2023 8. It is submitted by learned counsel for the petitioner that the petitioner has filed MC No.2/2022 seeking restitution of conjugal rights and same is pending consideration and the said aspect has not been considered by the Family Court. It is also contended by the learned counsel for the petitioner that as the respondent No.1 herein left the matrimonial home with children without any cause and therefore, sought for interference of this Court. 9. Per contra, learned counsel for the respondents sought to justify the impugned order. 10. Having taken note of the submission made by learned counsel appearing for the parties, it is not in dispute with regard to the relationship between the parties as the marriage between the petitioner No.1 with the respondent – husband was solemnized on 05.02.2015 and in their wedlock petitioner Nos.2 and 3 were born. It is also forthcoming from the finding recorded by the Family Court that MC No.2/2022 is pending consideration before the jurisdiction of Family Court. The said fact would substantiate that the parties are living separately. Therefore, taking into consideration the finding - 5 - NC: 2025:KHC-D:628 RPFC No. 100211 of 2023 recorded by the Family Court with regard to award of maintenance at Rs.4,000/- each to the respondents herein as monthly maintenance and taking into account Ex.P3, I am of the view that no interference is called for in this petition. 11. Accordingly, petition is dismissed. Sd/- (E.S.INDIRESH) JUDGE SMM CT:ANB List No.: 1 Sl No.: 23