- 1 - HC-KAR NC: 2025:KHC:29694 RPFC No. 263 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JULY, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI REV.PET FAMILY COURT NO. 263 OF 2022 BETWEEN: L. KISHORE KUMAR AGED ABOUT 48 YEARS, S/O LATE SRI BALAKRISHNA, R/AT NO. A-104, YASH VENUE, PLOT 51-C, SECTOR 20, KHARGAR, NAVI MUMBAI - 410210. …PETITIONER (BY SRI. VIJAYKUMAR PRAKASH., ADV.) AND: 1. K S NIMITHA AGED 48 YEARS, D/O LATE SANKAPPA GOWDA 2. NAINEKA GOWDA AGED 11 YEARS, D/O K S NAMITHA REPRESENTED BY HER MOTHER THE FIRST RESPONDENT BOTH ARE RESIDING AT SHIVAPRASAD NILAYA, KODIKAL, MANGALURU-575006. …RESPONDENTS (BY SRI. GANAPATHI BHAT, ADV. FOR SMT. SHARADI S. SHETTY, ADV.) THIS RPFC IS FILED UNDER SECTION 19(4) OF FAMILY COURT ACT, AGAINST THE ORDER DATED 26.03.2022 PASSED IN Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:29694 RPFC No. 263 of 2022 CRL.MISC.NO.27/2020 ON THE FILE OF THE I ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, D.K.MANGALURU, PARTLY ALLOWING THE PETITION FILED UNDER SECTION 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.Case No.27/2020 dated 26.03.2022 by the Principal Judge, Family Court, D.K. Mangaluru, whereby the Court had granted amount of Rs.10,000/- per month to the 1st petitioner, Rs.10,000/- per month to the 2nd petitioner and Rs.10,000/- per month towards medical expenses of 1st petitioner and Rs.5,000/- towards the educational expenses of 2nd petitioner-daughter altogether the Court had granted Rs.35,000/-. 2. Learned counsel for the petitioner submits that this order is an exparte order and during the covid time, no notice has been issued by the petitioner and as such, he could not contest the matter. It is submitted that there is no marriage - 3 - HC-KAR NC: 2025:KHC:29694 RPFC No. 263 of 2022 between petitioner and respondent and he has also denied the fact that he is the biological father of the child. 3. Learned counsel for the respondent submits that wife is not in a position to bear the expenses of the daughter who is studying in 9th Standard and it is the duty of the husband to take care. While decreeing the MC for annulment, the Trial Court had recorded the conduct of the husband. It is submitted that there are no reasons to interfere with the impugned order. 4. Having heard the learned counsel on either side, perused the material on record. 5. There is no dispute that it is the exparte order. The Court had granted maintenance of an amount of Rs.35,000/- and learned counsel for husband submits that the husband is married to another lady and in the wedlock, they are blessed with a daughter and he has to take care of the family. He is denying the relationship with the respondent. This an exparte order and whatever the contentions with regard to financial capacity of both parties and other things have to be decided by - 4 - HC-KAR NC: 2025:KHC:29694 RPFC No. 263 of 2022 the Family Court and at the same time, the interest of wife also needs to be protected during the pendency of proceedings. In that view of the matter, this Court is passing the following: ORDER i. The order passed in Crl.Misc. No.27/2020 dated 26.03.2022 is set aside and the matter is remanded back to the Trial Court for fresh consideration. ii. During the pendency of the petition, the petitioner shall continue to pay Rs.20,000/- per month i.e, from * today. iii. Arrears have to be calculated at Rs.10,000/- per month *from the date of petition in Crl. Misc.No.27/2020 till today and arrears have to be paid in four equal installments. First installment shall be paid by 31.08.2025 and second installment by 30.09.2025, third installment by 30.10.2025 and fourth installment shall be paid by 30.11.2025. If the petitioner fails to pay this amount, the Court shall consider the conduct and shall pass appropriate orders *as per law. *Deleted, inserted and corrected vide court order dated: 15/09/2025. - 5 - HC-KAR NC: 2025:KHC:29694 RPFC No. 263 of 2022 iv. The parties shall appear before the Trial Court on 01.09.2025. v. Accordingly, the RPFC is allowed. vi. All IAs., in this petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE SSD List No.: 2 Sl No.: 25