- 1 - NC: 2025:KHC-D:5235 RPFC No. 100214 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 21ST DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH REV.PET FAMILY COURT NO. 100214 OF 2024 (-) BETWEEN: BASAVARAJA ACHARI @ BASAVARAJA S/O. LATE RACHAPPA, AGE ABOUT 44 YEARS, OCC: AGRICULTURIST, R/O. VATTUMURANI VILLAGE, TQ: SIRUGUPPA, DIST: BALLARI-583121. …PETITIONER (BY SRI. M. AMAREGOUDA, ADVOCATE) AND: SMT. B. JAYALAXMI @ CHANNAMMA W/O. BASAVARAJA ACHARI @ BASAVARAJA, AGE ABOUT 38 YEARS, OCC: HOUSEWIFE, PRESENTLY RESIDENT OF KURUGODU TOWN, DIST: BALLARI. …RESPONDENT THIS RPFC IS FILED UNDER SECTION 19(4) OF THE FAMILY COURT ACT PRAYING TO SET ASIDE THE ORDER DATED 23.10.2024 IN CRIL. MISC. CASE. NO.172/2020 PASSED BY THE PRINCIPAL JUDGE, FAMILY COURT, AT BALLARI AND ETC. THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE E.S.INDIRESH Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.03.22 15:55:16 +0530 - 2 - NC: 2025:KHC-D:5235 RPFC No. 100214 of 2024 ORAL ORDER This petition is filed by the respondent in Criminal Miscellaneous No.172/2020, challenging the order dated 23.10.2024 on the file of Principal Judge, Family Court at Ballari (for short, hereinafter referred to as ‘Family Court’), granting maintenance to the petitioners. 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 that, the marriage of the petitioner with the respondent was solemnized on 29.07.2015. Thereafter, the petitioner has meted with the humiliation and ill-treatment from the family members of the respondent and as such, the petitioner was thrown out from the house for securing additional dowry and therefore, the petitioner is residing with her parents. Hence, the petitioner has filed Criminal Miscellaneous No.172/2020 seeking maintenance. 4. After service of notice, the respondent-husband entered appearance and filed detailed statement of - 3 - NC: 2025:KHC-D:5235 RPFC No. 100214 of 2024 objection contending that, the petitioner has left the matrimonial home on her own violation and without any reasons and accordingly, sought for dismissal of the petition. 5. The Family Court after considering the material on record by its order dated 23.10.2024 granted maintenance of Rs.9,000/- per month from the month of November - 2024 to the petitioner. Feeling aggrieved by the same, the respondent-husband has preferred this petition. 6. I have heard Sri. Amaregouda M., learned counsel appearing for the petitioner. 7. The learned counsel appearing for the petitioner contended that, grant of maintenance by the Family Court is on the higher side and the petitioner has to take care of his aged mother and also owning land which is the joint family property of the petitioner and therefore, sought for interferences of his Court. 8. In the light of the submission made by the learned counsel appearing for the petitioners, I have - 4 - NC: 2025:KHC-D:5235 RPFC No. 100214 of 2024 carefully examined the finding recorded by the Family Court. It is not in dispute that, the marriage of the petitioner with the respondent – husband was solemnized on 29.07.2015. 9. Perusal of the finding recorded by the Family Court would makes it clear that, the parties are residing separately. Taking into consideration the finding recorded by the Family Court that, the respondent herein is residing at Kurugodu town, Ballari District and therefore, taking into consideration the livelihood of the respondent herein, the grant of maintenance by the family court is just and proper and no interference is called for in this petition. 10. Accordingly, petition is dismissed. Sd/- (E.S.INDIRESH) JUDGE SMM CT-MCK List No.: 2 Sl No.: 6