SIDDALINGAIAH S/O KALLAIAH YERGMBALI MUTT v. SMT. SHAILAJA ALIAS SHAILA W/O SIDDALINAIAH YARAGAMBAI MATT
RPFC/100218/2022 · 2025-02-12
E S Indiresh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 7888 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 7888 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC-D:2841 RPFC No. 100218 of 2022
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 12TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH REV.PET FAMILY COURT NO. 100218 OF 2022 (-) BETWEEN:
SIDDALINGAIAH S/O. KALLAIAH YERGMBALI MUTT, AGE. 36 YEARS, OCC. L I C AGENT, R/O. KITTUR VILLAGE, TQ. ANNIGERI, DIST. DHARWAD, PIN. 582201. …PETITIONER
(BY SRI. RAJENDRASWAMI C. HOSAMATH, ADVOCATE)
AND:
1. SMT. SHAILAJA ALIAS SHAILA W/O. SIDDALINAIAH YARAGAMBAI MATT, AGE. 30 YEARS, OCC. HOUSEWIFE, R/0. 6TH CROSS, RENUKA NAGAR, TALUR ROAD, BALLARI TQ.DIST. BALLARI. PIN. 583101. 2. MINOR SNEHA D/O. SIDDALINAIAH YARAGAMBALI MATT AGE. 12 YEARS, OCC. STUDENT (REPRESENTAED BY HER NATURAL GUARDIAN AS RESPONDENT NO.1 MOTHER SMT. SHAILAJA ALIAS SHAILA), R/O. 6TH CROSS, RENUKA NAGAR, TALUR ROAD, BALLARI TQ.DIST. BALLARI PIN. 583101. …RESPONDENTS
(BY SRI. BASAVANA GOUDA T., ADVOCATE FOR R1;
R2-MINOR-REP BY R1)
V N BADIGER Digitally signed by V N BADIGER Location: High Court of Karnataka, Dharwad Bench Date: 2025.02.17 11:51:55 +0530
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NC: 2025:KHC-D:2841 RPFC No. 100218 of 2022
THIS RPFC IS FILED U/S 19(4) OF FAMILY COURTS ACT, 1984, PRAYING TO CALL FOR THE RECORDS IN CRL MISC NO.137/2022 PENDING ON THE FILE OF THE PRINCIPAL JUDGE, FAMILY COURT AT BALLARI, AND SET ASIDE THE IMPUGNED ORDER DATED 25.10.22 AWARDING AN EXORBITANT MAINTENANCE OF RS.15,000/-PM (EACH RS. 7500/-PM) IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION COMING ON FOR HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
CORAM:
THE HON'BLE MR. JUSTICE E.S.INDIRESH
ORAL ORDER
This petition is field by the respondent, challenging the order dated 25.10.2022 in Criminal Miscellaneous No.137/2022 on the file of Principal Judge, Family Court, Ballari (for short, hereinafter referred to as ‘Family Court’), granting maintenance to the respondents. 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 that, the marriage of the petitioner No.1 with the respondent was solemnized on 06.06.2019 and in their wedlock petitioner No.2 is born. It is also stated that, the respondent and his family members have not taking care of the petitioners and also not provided proper medical treatment to the
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NC: 2025:KHC-D:2841 RPFC No. 100218 of 2022
petitioner No.1 as she conceived for the second time, resulting in abortion of her second pregnancy.
It is also stated that, the respondent has neglected the petitioners and as such the petitioners left the matrimonial home and residing separately. Hence, the petitioners have filed Criminal Miscellaneous No.137/2022 seeking maintenance. 4. On service of notice, the respondent entered appearance and contested the matter. The Family Court after considering the material on record by its order dated 25.10.2022 allowed the petition in part and directed the respondent-husband to pay Rs.7,500/- each to the petitioners. Feeling aggrieved by the same, the respondent-husband has preferred this petition. 5. Heard the learned counsel appearing for the parties. 6. Having taken note of the finding recorded by the Family Court and the submissions made at bar, I am of the opinion that, there is no dispute with regard to relationship between the parties and the finding recorded
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NC: 2025:KHC-D:2841 RPFC No. 100218 of 2022
by the Family Court would indicate that the parties are residing separately. 7. Taking into consideration the finding recorded by the Family Court at paragraph Nos.10 and 11 and as the petitioners are residing at Ballari city, grant of maintenance by the Family Court is just and proper and no interference is called for in this petition. 8. Accordingly, petition is dismissed. Sd/- (E.S.INDIRESH) JUDGE
SMM CT:ANB List No.: 2 Sl No.: 14