- 1 - NC: 2025:KHC-D:5627 RPFC No. 100212 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 26TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH REV.PET FAMILY COURT NO. 100212 OF 2024 (-) BETWEEN: SMT. GAYATRI W/O. YENKATAPPA B.H., @ GAYATRI D/O. PARAMESHWARAPPA BUKKITAGAR, AGED ABOUT 31 YEARS, OCC: HOUSEHOLD WORK, R/O. BEERANAHALLI, HOBLI: SHIVANI, TQ: AJJAMAPUR, DIST: CHIKKAMAGALURU, NOW RESIDING AT HAVNUR, HOBALI: GUTTAL, TQ: HAVERI, DIST: HAVERI-581110. …PETITIONER (BY SRI. SANTOSH B. MANE, ADVOCATE) AND: ENKATAPPA B.H. S/O. HEMALINAGAPPA, AGED ABOUT 34 YEARS, R/O. BEERANAHALLI, HOBLI: SHIVANI, TQ: AJJAMAPUR, DIST: CHIKKAMAGALURU. …RESPONDENT (RESPONDENT SERVED AND UNREPRESENTED) THIS RPFC IS FILED UNDER SECTION 19(4) OF THE FAMILY COURT ACT, 1984, PRAYING SET ASIDE THE ORDER DATED 09.08.2024 PASSES BY THE PRINCIPAL JUDGE, FAMILY COURT HAVERI IN CRL.MISC.NO.77/2023 THEREBY DISMISSING AND CONSEQUENTLY ALLOW THE CRL.MISC.PETITION NO.77/2023 AS PRAYED FOR IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION COMING ON FOR ADMISSION THIS DAY, ORDER WAS MADE THEREIN AS UNDER: MOHANKUMAR B SHELAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - NC: 2025:KHC-D:5627 RPFC No. 100212 of 2024 CORAM: THE HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER 1. This petition is filed by the petitioner – wife challenging the order dated 09.08.2024 in Crl.Misc.No.77/2023 on the file of the Principal Judge, Family Court, Haveri1, dismissing the petition. 2. For the sake of convenience, the parties are referred to as per their ranking before the Family Court. 3. It is the case of the petitioner before the Family Court that the marriage between the petitioner with the respondent – husband was solemnized on 26.12.2018 and thereafter the petitioner lived in the matrimonial home for few months and thereafter, the petitioner was neglected by the respondent – husband and was treated inhumanely and as such the petitioner has left the matrimonial home and residing separately. It is also stated that the respondent has filed M.C.No.28/2020 seeking restitution of conjugal rights and the said petition came to be decreed 1 Hereinafter referred to as ‘Family Court’ - 3 - NC: 2025:KHC-D:5627 RPFC No. 100212 of 2024 on 27.11.2020. It is also stated that the respondent has filed M.C.No.33/2021 seeking dissolution of marriage and the said petition came to be allowed on 07.12.2023. Hence, the petitioner has filed Crl.Misc.No.77/2023 before the Family Court seeking maintenance. 4. After service of notice, the respondent – husband entered appearance and filed detailed statement of objection. It is the case of the respondent that the petitioner - wife has left the matrimonial home without cause and has not obeyed order passed in M.C.No.28/2020 and accordingly denied the allegation made in the claim petition and as such sought for dismissal of the petition. 5. The Family Court after considering the material on record, by its order dated 09.08.2024, dismissed the petition and being aggrieved by the same the petitioner – wife has presented this petition. - 4 - NC: 2025:KHC-D:5627 RPFC No. 100212 of 2024 6. I have heard Sri.Santosh B Mane, learned counsel appearing for the petitioner and respondent is served and remained absent. 7. It is contended by the learned counsel for the petitioner that the finding recorded by the Family Court requires to be interfered with as the reasons assigned by the Family Court is contrary to the well established principle in law under section 125 of Cr.P.C. 8. In the light of the submissions made by the learned counsel for the petitioner and on careful examination of the finding recorded by the Family Court would indicate that the marriage of the petitioner with respondent - husband was solemnized on 26.12.2018. It is also to be noted that M.C.No.28/2020 is filed by the respondent – husband seeking restitution of conjugal rights which came to be allowed on 27.11.2020. It is also to noted that the respondent has filed M.C.No.33/2021 seeking dissolution of marriage which came to be decreed on 07.12.2023. Hence, it could be held that the parties are - 5 - NC: 2025:KHC-D:5627 RPFC No. 100212 of 2024 residing separately. Taking into consideration the fact that the petitioner - wife is residing separately on account of the fact that she was subjected to mental cruelty and physical agony caused in the matrimonial home and therefore, the reasons assigned by the Family Court cannot be accepted, dismissing the petition on the ground that the petitioner - wife has left the matrimonial home and has not obeyed the order in M.C.No.28/2020. Hence, it is a fit case for remand to the Family Court to consider the case afresh after considering the scope and ambit of Section 125 of Cr.P.C. as laid down by the Hon'ble Supreme Court in the cases of Bhuwan Mohan Singh vs. Meena and Others reported in (2015) 6 SCC 353 and in the case of Shamima Farooqui vs. Shahid Khan reported in (2015) 5 SCC 705. 9. In that view of the matter, I pass the following: ORDER i. Petition is allowed. - 6 - NC: 2025:KHC-D:5627 RPFC No. 100212 of 2024 ii. Order dated 09.08.2024 in Crl.Misc.No.77/2023 on the file of the Principal Judge, Family Court, Haveri is hereby set aside and the matter is remanded to the Family Court for fresh consideration in the light of the observation made above. iii. The Family Court is directed to dispose of the petition at the earliest. Sd/- (E.S.INDIRESH) JUDGE SH CT-MCK List No.: 2 Sl No.: 3