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2025 DAILYLAW 78578 (KAR)

THIPPESWAMY v. SMT. M VEENA

RPFC/250/2023 · 2025-07-30

Lalitha Kanneganti

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:29397 RPFC No. 250 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JULY, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI REV.PET FAMILY COURT NO. 250 OF 2023 BETWEEN: THIPPESWAMY S/O HANUMANTAHPPA, AGE. 50 YEARS, R/O NEAR DARGA, BUDAGAJANGAMA COLONY, KUDUTHINI VILLAGE, BALLARI TALUK AND DISTRICT-583 115 …PETITIONER (BY SRI. PRADEEP M., ADVOCATE) AND: 1. SMT. M.VEENA W/O THIPPESWAMY, AGE. 36 YEARS 2. T. AJITHKUMAR S/O THIPPESWAMY, AGE. 19 YEARS, MAJOR, STUDENT, 3. T.VINAYKUMAR S/O THIPPESWAMY, AGE. 18 YEARS, MAJOR, STUDENT, 4. T.DARSHAN S/O THIPPESWAMY, AGE. 12 YEARS, MAJOR, STUDENT, RESPONDENT NO.2 AND 3 ARE NOW ATTAINED MAJORITY, RESPONDENT NO.4 BEING MINOR REPRESENTED THROUGH Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:29397 RPFC No. 250 of 2023 HIS NATURAL GUARDIAN MOTHER RESPONDENT NO.1 FORMERLY RESIDING AT BUDHANAHATTI VILLAGE, CHALLAKERE TALUK, CHITRADURGA DISTRICT-577 522 PRESENTLY RESIDING AT INDUSTRIAL AREA, SRIRAMANAGARA, DAVANGERE-577 601. …RESPONDENTS (V/O/DATED: 30.07.2025- NOTICE TO RESPONDENT IS HELD SUFFICIENT) THIS RPFC FILED UNDER SEC.19(4) OF THE FAMILY COURT ACT, AGAINST THE ORDER DATED 02.09.2023 PASSED IN CRL.MISC NO.331/2021 ON THE FILE OF JUDGE, FAMILY COURT, DAVANAGERE, PARTLY ALLOWING THE PETITION FILED UNDER SEC. 125 OF CR.P.C. FOR MAINTENANCE. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER Aggrieved by the order passed in Crl.Misc.No.331/2021 dated 02.09.2023 by the Judge, Family Court, Davanagere, whereby the Family Court had granted maintenance of an amount of Rs.3,000/- per month to the wife and an amount of Rs.2,000/- each per month to the three children, the petitioner/husband is before this Court. 2. The parties are referred to as husband and wife for the sake of convenience. - 3 - HC-KAR NC: 2025:KHC:29397 RPFC No. 250 of 2023 3. Learned counsel appearing for the husband submits that the Court at Davanagere has no jurisdiction as the wife was not residing within the jurisdiction of the Court. It is the case of the husband that earlier she was residing at Challakere Taluk, Chitradurga District and only for the purpose of jurisdiction she has created this document. That particular aspect was not considered by the Family Court and this order is passed by the Family Court which has no jurisdiction. Further, it is submitted that the date of birth of respondent No.2 is 21.07.2004 and as on the day the order is passed, he is 17 years 3 months old and he is not entitled for any maintenance. It is submitted that the wife had deserted the husband and she is staying away from the matrimonial home without a reasonable cause. In those circumstances, she is not entitled for maintenance. This aspect was also not considered by the Family Court. 4. As per the order dated 18.04.2024, learned counsel for the petitioner has taken out notice on the learned counsel appearing for the respondents before the Family Court. Hence, the notice to the respondents is held sufficient. - 4 - HC-KAR NC: 2025:KHC:29397 RPFC No. 250 of 2023 5. Having heard the learned counsel for the petitioner, perused the entire material on record. The Aadhar card that is produced before the Court came into existence only for the purpose of jurisdiction. That document has no legs to stand and the Ex.P.9 is a copy of the Aadhar card and earlier the wife was residing at Challakere. Just because the earlier address is at Challakere and the present address is shown at Davanagere, that itself cannot be a ground to say that the Court at Davanagere has no jurisdiction. The Family Court at Davanagere had rightly dealt with the case and rightly dismissed the petition and this Court finds no reason to interfere with the said finding. 6. Then coming to the entitlement of the children, it is stated that as on the day when the petition is filed, the respondent No.2 is 17 years 3 months old. He is entitled for maintenance till he becomes major and attains 18 years old. This Court is not inclined to interfere with the maintenance granted by the Family Court i.e., an amount of Rs.3,000/- per month to the wife and an amount of Rs.2,000/- each per month to the children. Hence, this Court is passing the following order: - 5 - HC-KAR NC: 2025:KHC:29397 RPFC No. 250 of 2023 ORDER i. Accordingly, the revision petition is partly allowed. ii. All I.As. in this petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE MEG List No.: 1 Sl No.: 14