- 1 - NC: 2025:KHC-D:566 RPFC No. 100208 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 15TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH REV.PET FAMILY COURT NO. 100208 OF 2024 (-) BETWEEN: RAVIKUMAR S/O. MADHAV SHIRALI, AGE. 62 YEARS, OCC. BUSINESS, R/O. SHOP NO.2, ‘SUHAS SUPPLIERS’, BOOK STALL AND STATIONERY SHOP NO.2, GODI COMPLEX OPP. SUSHRUTA HOSPITAL, RLY.STATION ROAD, MALAMADDI, DHARWAD-07. …PETITIONER (BY SRI. RAGHAVENDRA A. PUROHIT, ADVOCATE) AND: 1. SMT. RADHIKA W/O. RAVIKUMAR SHIRALI, AGE. 57 YEARS, OCC. HOUSEHOLD WORK, R/O.NO.2, SHIRATI COMPOUND, 1ST CROSS, MALAMADDI, DHARWAD-07. 2. KUMARI RAJANI D/O. RAVIKUMAR SHIRALI, AGE. 29 YEARS, OCC. STUDENT, NOW BANK EMPLOYEE, R/O.NO.2, SHIRATI COMPOUND, 1ST CROSS, MALAMADDI, DHARWAD-07. …RESPONDENTS V N BADIGER Digitally signed by V N BADIGER Date: 2025.01.20 11:00:47 +0530 - 2 - NC: 2025:KHC-D:566 RPFC No. 100208 of 2024 THIS RPFC IS FILED UNDER SECTION 19(4) OF THE FAMILY COURT ACT, 1984, PRAYING TO SET ASIDE THE ORDER DATED 05.10.2024 PASSED BY THE PRINCIPAL JUDGE, FAMILY COURT, DHARWAD, IN CRL. MISC.NO.230/2021 AS NULL AND VOID, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION 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 for the petitioner. 2. This petition is filed by the respondent in Criminal Miscellaneous No.230/2021 challenging the order dated 05.10.2024 on the file Principal Judge, Family Court, Dharwad (for short, hereinafter referred to as ‘Family Court’). 3. For the sake of convenience, the parties are referred to as per their ranking before the Family Court. 4. It is the case of the petitioners before the Family Court that the marriage between the petitioner No.1 with the respondent was solemnized on 11.08.1993 and in their wedlock two children were born. It is the case of the petitioners that the respondent is having a business in selling school books and also having a stationary at Malmaddi, Dharwad. It is also further stated in the petition that the respondent is not taking care of the needs of the petitioners and accordingly, petitioners - 3 - NC: 2025:KHC-D:566 RPFC No. 100208 of 2024 have filed Criminal Miscellaneous No.230/2021 on the file of Family court seeking maintenance. 5. On service of notice, the respondent entered appearance and filed detailed objection, denying the allegations made in the petition. It is the case of the respondent that petitioner No.2 has completed her ITI course in Bengaluru and working in Karnataka Bank, Vidyanagar Branch, Hubballi and accordingly, sought for dismissal of the petition. 6. The Family Court after considering the material on record by its order dated 05.10.2024 awarded maintenance of Rs.10,000/- per month to the petitioner No.1 from the respondent. Feeling aggrieved by the same, the respondent has preferred this petition. 7. Heard Sri. Raghavendra A. Purohit, learned counsel appearing for the petitioner. 8. It is contended by the learned counsel appearing for the petitioner that the Family Court having taken note of the photographs at Ex.P.9 wherein, the petitioner herein is with the another lady and solely based on the said Ex.P.9 has awarded maintenance which requires interference of this Court. It is also contended by the learned counsel appearing for the petitioner - 4 - NC: 2025:KHC-D:566 RPFC No. 100208 of 2024 that the petitioner herein has no means to pay the maintenance of Rs.10,000/- per month to the respondent herein. Accordingly, sought for interference of this Court. 9. Having taken note of submissions made by the learned counsel appearing for the petitioner, it is not in dispute the relationship between the parties and in their wedlock two children were born. It is also forthcoming from the finding recorded by the Family Court that, the parties are residing separately and also refers to the petition in MC No.207/2022 filed by respondent No.1 herein against petitioner herein. 10. Taking into account the factual aspect of the matter that the respondent No.1 herein is residing at Dharwad city and accordingly maintenance of Rs.10,000/- per month is required for the respondent No.1 to take care of her livelihood and also as she is aged about 53 years, the award of maintenance of Rs.10,000/- per month by the Family Court is just and proper and does not call for any interference by this Court. Accordingly, petition is dismissed. Sd/- (E.S.INDIRESH) JUDGE SMM / CT:ANB List No.: 1 Sl No.: 39