Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 81597 (KAR)

SRI LOKESH L v. KAUSHIK

RPFC/85/2022 · 2025-09-25

Lalitha Kanneganti

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:38922 RPFC No. 85 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI REV.PET FAMILY COURT NO. 85 OF 2022 BETWEEN: SRI. LOKESH L. S/O LINGAIAH AGED ABOUT 38 YEARS, DOOR NO.8, 1ST B MAIN ROAD, 22ND CROSS, NEARBY GOVERNMENT SCHOOL BHUVANESHWARINAGAR, BENGALURU NORTH, MAGADI ROAD BANGALORE - 560 023 …PETITIONER (BY SRI. BHASKARA M., ADVOCATE) AND: 1. 2. MR. KAUSHIK S/O LOKESH AGED 6 YEARS KUMARI HITHASHRI S/O LOKESH Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:38922 RPFC No. 85 of 2022 AGED 4 YEARS RESPONDENTS 1 AND 2 R/O 315, 7TH CROSS, VIDYANAGARA MYSURU - 570 011. PERMANENT RESIDING AT SINGARIPURA VILLAGE DODDAKAVALANDE HOBLI NANJANGUD TALUK MYSURU DIST - 571 301. REPRESENTED BY THEIR GURADIAN GRAND MOTHER RATHNAMMA …RESPONDENTS (BY SRI. BASAVARAJA PATEL G.K., ADVOCATE) THIS RPFC IS FILED UNDER SECTION 19 (4) FAMILY COURT ACT, AGAINST THE ORDER DATED 30.10.2021 PASSED IN CRL.MISC.NO.283/2021 ON THE FILE OF THE II ADDITIONAL FAMILY COURT MYSURU, PARTLY ALLOWING THE PETITION FILED UNDER SECTION 125 OF Cr.P.C FOR MAINTENANCE. THIS PETITION, COMING ON FOR DISMISSAL, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI - 3 - HC-KAR NC: 2025:KHC:38922 RPFC No. 85 of 2022 ORAL ORDER Aggrieved by the order passed in Crl.Misc.No.283/2021 dated 30.10.2021 by the II Additional Principal Judge, Family Court, Mysuru, whereby the Family Court had granted monthly maintenance of an amount of Rs.8,000/- to the son till he attains age of 12 years and after completion of 12 years Rs.10,000/- till he attains majority and an amount of Rs.7,000/- to the daughter till she attains age of 12 years and Rs.10,000/- after completion of 12 years till her marriage, the petitioner/father is before this Court. 2. Learned counsel appearing for the petitioner submits that it is an ex-parte order and without giving an opportunity to the petitioner, the order was passed by the Family Court. It is submitted that if an opportunity given, he will file his statement of assets and liabilities and basing on the same, the Family Court may pass the order. 3. Learned counsel appearing for the respondents submits that when an opportunity was given to the petitioner, he had failed to contest the matter and the order was passed and there are no grounds to remand the matter. - 4 - HC-KAR NC: 2025:KHC:38922 RPFC No. 85 of 2022 4. Having heard the learned counsels on either side, perused the entire material on record. When this matter came up for hearing, an interim order was passed by this Court whereby the petitioner was directed to pay maintenance of an amount of Rs.8,000/- per month to both the respondents and it is submitted by the learned counsel for the respondents that the petitioner has been paying the amount as per the interim order passed by this Court. As the interim order of this Court is complied with, balancing the interest of both the parties, this Court deems it appropriate to remand the matter. Hence, this Court is passing the following order: ORDER i. The order passed in Crl.Misc.No.283/2021 dated 30.10.2021 by the II Additional Principal Judge, Family Court, Mysuru, is set aside and the matter is remanded back to the Family Court for fresh consideration. ii. Till the pendency of Crl.Misc.No.283/2021, the petitioner shall continue to pay maintenance of an amount of Rs.8,000/- per month to the respondents. - 5 - HC-KAR NC: 2025:KHC:38922 RPFC No. 85 of 2022 iii. The petitioner shall file statement of assets and liabilities within a period of two months from the date of receipt of copy of this order and within two months from there on, the Family Court shall decide the application. iv. Accordingly, the writ petition is allowed. v. All I.As. in this petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE MEG List No.: 2 Sl No.: 1