- 1 - NC: 2025:KHC-D:1133 RPFC No. 100217 of 2023 C/W RPFC No. 100124 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 21ST DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH REV.PET FAMILY COURT NO. 100217 OF 2023 (-) C/W REV.PET FAMILY COURT NO. 100124 OF 2024 IN RPFC NO.100217/2023 BETWEEN: SHRI. ANAND S/O. BALAKRISHNA MURGOD, AGE. 40 YEARS, OCC. HGA LIC EMPLOYEE, R/O. VIJAYA ROAD, 2ND CROSS, DHARWAD - 580001. …PETITIONER (BY SRI. MRUTYUNJAY TATA BANGI, ADVOCATE) AND: MASTER JEEVAN S/O. ANAND MURGOD, AGE. 6 YEARS, OCCUPATION. STUDENT, R/O. HOUSE NO.20, BLOCK NO.1, P.B.ROAD, HUBBALLI SINCE THE RESPONDENT NO.1 IS MINOR, HE IS REPRESENTED BY HIS MOTHER AS MINOR GUARDIAN I.E. SHRIMATI VIDYA W/O. ANAND MURGOD, BEFORE MARRIAGE SHE IS CALLED AS SMT. VIDYA D/O HANMANTAPPA SANNAKKI, AGE: 35 YEARS, OCC: GOVT. TEACHER, R/O. HOUSE NO.20, BLOCK NO.1, P. B. ROAD, HUBBALLI 580028. …RESPONDENT MANJANNA E Digitally signed by MANJANNA E Date: 2025.01.24 13:10:16 +0530 - 2 - NC: 2025:KHC-D:1133 RPFC No. 100217 of 2023 C/W RPFC No. 100124 of 2024 (BY SRI. GOURI SHANKAR MOT, ADVOCATE) THIS RPFC IS FILED UNDER SEC.19(4) OF THE FAMILY COURT ACT, PRAYING TO SET ASIDE THE IMPUGNED ORDER PASSED IN CRL.MISC.NO.199/2021, DATED 03.10.2023, BY THE PRINCIPAL JUDGE, FAMILY COURT, HUBBALLI AND CONSEQUENTLY DISMISS THE PETITION FILED BY THE RESPONDENT HEREIN UNDER SECTION 125 OF CR.P.C. BY ALLOWING THE PRESENT PETITION TO MEET THE ENDS OF JUSTICE. IN RPFC NO.100124/2024 BETWEEN: MASTER JEEVAN S/O. ANAND MURGOD, AGE. 7 YEARS, OCC. STUDENT, R/AT. HOUSE NO.20, BLOCK NO.1, P.B. ROAD, HUBBALLI-580028. SINCE THE OETITIONER BEING MINOR IS REP. BY THE NATURAL GUARDIAN I.E., MOTHER SMT. VIDYA W/O. ANAND MURGOD, AGE. 36 YEARS, OCC. TEACHER, R/AT. HOUSE NO.20, BLOCK NO.1, P.B. ROAD, HUBBALLI-580028. …PETITIONER (BY SRI. GOURI SHANKAR MOT, ADVOCATE) AND: SHRI. ANAND S/O. BALKRISHNA MURGOD, AGE. 41 YEARS, OCC. HGC (LIC EMPLOYEE), R/AT VIJAYA ROAD, 2ND CROSS, DHARWAD-580001. …RESPONDENT (BY SRI. MRUTYUNJAY TATA BANGI, ADVOCATE) ------- RPFC FILED UNDER SEC.19(4) OF THE FAMILY COURT ACT, 1984, PRAYING TO CALL FOR RECORDS AND ENHANCE THE MAINTENANCE AS AWARDED BY THE HON’BLE PRINCIPAL JUDGE, - 3 - NC: 2025:KHC-D:1133 RPFC No. 100217 of 2023 C/W RPFC No. 100124 of 2024 FAMILY COURT, AT HUBBALLI IN CRL. MISC. NO.199/2021 ON DATED 03.10.2023 BY ALLOWING THE SAID PETITION, IN THE INTEREST OF JUSTICE AND EQUITY. THESE PETITIONS 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 appearing for the parties. 2. These petitions are arising out of challenging the order dated 03.10.2023 in Criminal Miscellaneous No.199/2021, on the file of Principal Judge, Family Court at Hubballi (for short, hereinafter referred to as ‘Family Court’), 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. Petitioner is represented by his mother-Smt. Vidya. Respondent is the father of the petitioner. 5. It is the case of the petitioner that the petitioner is residing with his mother as the respondent was ill-treating his mother as well as himself and as such the petitioner is residing separately from the respondent. Hence, the petitioner has filed Criminal Miscellaneous No.199/2021, seeking maintenance. - 4 - NC: 2025:KHC-D:1133 RPFC No. 100217 of 2023 C/W RPFC No. 100124 of 2024 6. On service of notice, the respondent entered appearance and filed statement of objection alleging that the mother of the petitioner was adamant and was not looking after the needs of the respondent and his mother. It is also stated that the mother of the petitioner is working in a school and therefore, respondent sought for dismissal of the petition. 7. The Family Court after considering the material on record by its order dated 03.10.2023 awarded maintenance of Rs.10,000/- per month. Feeling aggrieved by the same, respondent-father of the petitioner has presented this petition. 8. Sri. Mrutyunjay Tata Bangi, learned counsel appearing for the petitioner contended that the finding recorded by the Family Court is on erroneous assumption that the petitioner is residing with her mother and has been deserted by the respondent-husband and the said finding requires to be interference in this petition. 9. Per contra, Sri. Gourishankar Mot, learned counsel appearing for the respondent sought to justify the impugned order. 10. Having taken note of the factual aspect on record, there is no dispute with regard to relationship between the - 5 - NC: 2025:KHC-D:1133 RPFC No. 100217 of 2023 C/W RPFC No. 100124 of 2024 parties and further the finding recorded by the Family Court that the salary of the petitioner herein during March-2023 was 94,667/- and therefore, no interference is called for in this petition. Accordingly, the petition filed by the respondent- husband in RPFC No.100217/2023 is requires to be rejected. However, insofar as the petition in RPFC No.100124/2024 filed by petitioner-son of the respondent is concerned, I am of the view that, the finding recorded by the Family Court would indicate that the mother of the petitioner is not a regular employee of the school and therefore, taking into consideration the status of the parties and the income of the respondent- husband, I am of the view that the Family Court has committed an error in granting meager maintenance of Rs.10,000/- per month, which requires to be enhanced to Rs.20,000/ per month to the petitioner. 11. Hence, I pass the following: ORDER (i) RPFC No.100217/2023 is dismissed. (ii) RPFC No.100124/2024 is allowed in part and respondent-husband is directed to pay monthly maintenance of Rs.20,000/- to the - 6 - NC: 2025:KHC-D:1133 RPFC No. 100217 of 2023 C/W RPFC No. 100124 of 2024 petitioner from the date of petition till the petitioner attains the age of majority. Sd/- (E.S.INDIRESH) JUDGE SMM CT:ANB List No.: 1 Sl No.: 27