- 1 - NC: 2025:KHC-D:2081 RPFC No. 100201 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 3RD DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH REV.PET FAMILY COURT NO. 100201 OF 2024 BETWEEN: KHWAJA MAINUDDIN S/O FAKRUDDIN KODAL AGE. 34 YEARS, OCC. TAILOR, R/O. KK NAGAR, MADANI COLONY, YELLAPUR ONI, HUBBALLI-580020. …PETITIONER (BY SRI. SADIK KANVI, ADVOCATE) AND: 1. MRS. AFREEN W/O KHWAJA MAINUDDIN , AGE. 27 YEARS, OCC. HOUSE HOLD, R/O. YALLAPUR ONI, M.D. COLONY, K.K. NAGAR, HUBBALLI-580020. 2. BIBI SAKINA D/O KHWAJA MAINUDDIN, AGE. 04 YEARS, OCC.NIL, R/O YALLAPUR ONI, M.D. COLONY, K K NAGAR, HUBBALLI-580020. …RESPONDENTS THIS RPFC IS FILED UNDER SECTION 19(4) OF THE FAMILY COURT ACT, PRAYING TO, SET ASIDE THE ORDER PASSED BY THE PRINCIPAL JUDGE, FAMILY COURT, HUBBALLI IN CRL.MISC.NO.367/2021 DATED 04.04.2024 AND PASS SUCH OTHER ORDERS TO COURT DEEMS FIT. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING: CORAM: THE HON'BLE MR. JUSTICE E.S.INDIRESH V N BADIGER Digitally signed by V N BADIGER Location: High Court of Karnataka, Dharwad Bench Date: 2025.02.05 15:16:35 +0530 - 2 - NC: 2025:KHC-D:2081 RPFC No. 100201 of 2024 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE E.S.INDIRESH) 1. Heard the learned counsel appearing for the petitioner. 2. This petition is filed by the respondent in Crl.Misc.No.367/2021 challenging the order dated 04.04.2024 on the file of the Principal Judge, Family Court, Hubballi1. 3. For the sake of convenience, the parties are referred to as per their ranking before the Family Court. 4. Having taken note of the submission made by the learned counsel appearing for the petitioner, wherein it is not in dispute that the petitioner No.1 had married respondent – husband on 03.09.2018 as per the Muslim rights and customs at Hubballi and in their wedlock petitioner No.2 is born. It is also not in dispute that the petitioners therein have made an allegation against the respondent stating that the respondent has physically and mentally harassed the petitioners and as such, the 1 Hereinafter referred to as ‘Family Court’ - 3 - NC: 2025:KHC-D:2081 RPFC No. 100201 of 2024 petitioners have left the matrimonial home. It is also not in dispute that petitioners and respondent are residing separately. 5. Taking into account the fact that petitioner No.1 is residing separately and has to take care of one year old baby (petitioner No.2) at Hubballi city and therefore I am of the view that award of maintenance made by the Family Court is just and proper and does not call for interference in this petition. 6. Accordingly, the petition is dismissed. Sd/- (E.S.INDIRESH) JUDGE SH LIST NO.: 1 SL NO.: 9