- 1 - NC: 2025:KHC-D:252 RPFC NO.100187 OF 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 08TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S. INDIRESH REV. PET. FAMILY COURT NO.100187 OF 2023 BETWEEN: MUTTURAJ S/O SHIVAPPA HULLEKERI AGE: 38 YEARS, OCC.: MANAGER, SUGAR FACTORY, R/O WARD NO.5, MALLAMMA NAGAR, MUDOL POST AND TALUK, BAGALKOTE – 587 313. …PETITIONER (BY SRI. PAVAN B. DODDATTI, ADVOCATE) AND: 1. SMT. SUSHMA W/O MUTTURAJ HULLEKERI AGE: 33 YEARS, OCC.: NIL, R/O NO.2604/B, NEAR SHANDILYA ASHRAM, NAGASHETTIKOPPA, KESHWAPUR, HUBBALLI, DHARWAD DISTRICT – 580 023. 2. MISS AYRA M. HULLEKERI D/O MUTTURAJ HULLEKERI AGE: 2 YEARS, 11 MONTHS. R/O NO.2604/B, NEAR SHANDILYA ASHRAM, NAGASHETTIKOPPA, KESHWAPUR, HUBBALLI, V N BADIGER Digitally signed by V N BADIGER Date: 2025.01.10 16:41:49 +0530 - 2 - NC: 2025:KHC-D:252 RPFC NO.100187 OF 2023 DHARWAD DISTRICT – 580 023. REP. BY NATURAL GUARDIAN-MOTHER RESPONDENT NO.1. …RESPONDENTS (BY SMT. SUNITHA P. KALASOOR, ADVOCATE AND SRI. YOGESHGOUDA HIREGOUDAR, ADVOCATE) THIS RPFC IS FILED UNDER SECTION 19(4) OF THE FAMILY COURTS ACT, 1984 AGAINST THE ORDER DATED 15TH JULY, 2023 PASSED BY THE I ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, HUBBALLI IN CRIMINAL MISCELLANEOUS NO.288 OF 2022, PARTLY ALLOWING THE PETITION FILED UNDER SECTION 125 OF THE CRIMINAL PROCEDURE CODE FOR MAINTENANCE. 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.288 of 2022 on the file of the I Additional Principal Judge, Family Court, Hubballi (for short, hereinafter referred to as ‘Family Court’), challenging the order dated 15th July, 2023, allowing the petition in-part. 2. For the sake of convenience the parties in this petition shall be referred to in terms of their ranking before the Family Court. - 3 - NC: 2025:KHC-D:252 RPFC NO.100187 OF 2023 3. It is the case of the petitioners before the Family Court that the marriage between the petitioner No.1-wife and the respondent-husband was solemnized on 05th September, 2017 and in their wedlock, petitioner No.2 was born. It is stated in the petition that the respondent-husband was not taking care of the basic needs of the petitioners and as there was a rift in the family, the petitioner No.1-wife was constrained to leave the matrimonial home and reside along with her parents. Therefore, the petitioner No.1-wife and petitioner No.2-daughter, filed Criminal Miscellaneous No.288 of 2022 before the Family Court, seeking maintenance from the respondent. 4. On service of notice, the respondent-husband entered appearance and filed statement of objections denying the averments made in the petition. It is contended by the respondent-husband that he had filed M.C. No.7 of 2022 before the Principal Civil Judge and JMFC., Mudhol, seeking conjugal rights and same was allowed and the petitioner-wife without any reasonable cause, had abandoned the respondent- husband. It is stated in the statement of objections that the - 4 - NC: 2025:KHC-D:252 RPFC NO.100187 OF 2023 petitioners willfully left the respondent-husband and therefore, he sought for dismissal of the petition. 5. In order to prove their case, the petitioner-wife examined herself as PW1 and got marked 5 documents as Exhibits P1 to P5. On the other hand, respondent-husband examined himself as RW1 and got marked 3 documents as Exhibits R1 to R3. 6. The Family Court, after consider the material on record, by order dated 15th July, 2023, allowed the petition in- part and directed the respondent-husband to pay maintenance of Rs.5,000/- per month to petitioner No.1-wife and Rs.3,000/- per month to the petitioner No.2-daughter. Being aggrieved by the same, the respondent-husband preferred this revision petition. 7. Heard Sri. Pavan B. Doddatti, learned counsel appearing for petitioner and Smt. Sunitha P. Kalasoor and Sri. Yogeshgouda Hiregoudar, learned counsel appearing for respondents. 8. Learned counsel appearing for the petitioner-husband submitted the respondent No.1 herein is a Post-Graduate and - 5 - NC: 2025:KHC-D:252 RPFC NO.100187 OF 2023 working in Fatima High School at Hubballi as a Teacher and drawing salary of more than Rs.30,000/- per month, however, the said aspect has not been considered by the Family Court in a right perspective. It is also contended by learned counsel appearing for the petitioner-husband that the proceedings in M.C. No.7 of 2022 filed by the petitioner herein seeking restitution of conjugal rights was allowed, however, without any reasonable cause respondent-wife abandoned the petitioner- husband. Accordingly, he sought for interference of this Court. 9. Per contra, learned counsel appearing for the respondents countered the submission made by learned counsel appearing for petitioner-husband and submitted that the award of maintenance made by the Family Court is just and proper. Accordingly, sought for dismissal of revision petition. 10. In the light of the submission made by learned counsel appearing for the parties, there is no dispute with regard to the relationship between the parties as the marriage between the petitioner and the respondent No.1 herein was solemnized on 05th July, 2017 and in their wedlock respondent No.2 was born. It is also not in dispute that the parties are - 6 - NC: 2025:KHC-D:252 RPFC NO.100187 OF 2023 residing separately. Though the learned counsel appearing for the petitioner-husband submitted that the respondent No.1- wife is working as Teacher in Fathima High School at Hubballi however, no material has been produced before the Family Court in respect of details of the salary drawn by her. In that view of the matter, as the respondents herein are residing at Hubballi City, I am of the view that the quantum of maintenance awarded by the Family Court is just and proper. Accordingly, Revision Petition is dismissed. Sd/- (E.S.INDIRESH) JUDGE ARK List No.: 1 Sl No.: 33