- 1 - NC: 2025:KHC-D:2835 RPFC No. 100205 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 12TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH REV.PET FAMILY COURT NO. 100205 OF 2024 (-) BETWEEN: ABDUL KHADIR ALIYAS ABDUL KHADIR JEELANI S/O. KHAJASAB BASARI, AGE. 32 YEARS, OCC. MOBILE SALES MANAGER, R/O. II CROSS, MANTOOR ROAD, PLOT NO.19, C/O C.B.BETAGERI, TQ. HUBBALLI, DIST.DHARWAD 580028. …PETITIONER (BY SRI. PUNEET I. BADIGER, ADVOCATE) AND: 1. SMT. FARHAT JAHAN W/O. ABDUL KHADIR ALIYAS ABDUL KHADIR JEELANI BASARI, AGE: 32 YEARS, OCC: HOUSEHOLD WORK, 2. KUMARI HAFSA D/O. ABDUL KHADIR ALIYAS ABDUL KHADIR JEELANI BASARI, AGE: 6 YEARS, OCC: NIL 3. KUMARI HUMAIRA D/O. ABDUL KHADIR ALIYAS ABDUL KHADIR JEELANI BASARI, AGE: 6 YEARS, OCC: STUDENT, ABOVE ALL ARE R/O. C/O. A.M.BADAMI, BEHIND VENKATESH TALKIES TQ. AND DIST. GADAG 582101. V N BADIGER Digitally signed by V N BADIGER Location: High Court of Karnataka, Dharwad Bench Date: 2025.02.17 11:51:37 +0530 - 2 - NC: 2025:KHC-D:2835 RPFC No. 100205 of 2024 (R2 AND R3 BEING MINORS REPTD BY NATURAL MOTHER GUARDIAN R1) …RESPONDENTS (BY SRI.N.L.AKKI AND SRI. M.C. AKKI, ADVOCATES) ------ THIS RPFC IS FILED UNDER SEC.19(4) OF THE FAMILY COURT ACT PRAYING TO CALL FOR RECORDS AND ALLOW THE REVISION PETITION BY SETTING ASIDE THE JUDGMENT AND ORDER DATED 03.04.2021 PASSED BY THE COURT OF PRINCIPAL JUDGE, FAMILY COURT AT GADAG, IN CRIMINAL MISC NO.77/2020 (VIDE ANNEXURE-C) IN THE INTEREST OF JUSTICE AND EQUTIY. THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING: CORAM: THE HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER In this petition, petitioner is assailing the order dated 03.04.2021 in Criminal Miscellaneous No.77/2020 on the file of Principal Judge, Family Court, Gadag (for short, hereinafter referred to as ‘Family Court’), granting maintenance to the respondents. 2. For the sake of convenience, the parties are referred to as per their ranking before the Family Court. - 3 - NC: 2025:KHC-D:2835 RPFC No. 100205 of 2024 3. It is the case of the petitioners that the marriage between the petitioner No.1 and the respondent was solemnized on 25.02.2017 at Gadag and in their wedlock two children were born (petitioner Nos.2 and 3). It is the case of the petitioners that, the petitioners were in-tolerated with the ill-treatment meted out by them and also the respondent has neglected the petitioners and further stated that, the petitioner No.1 was subjected to cruelty at the hands of the respondent and as such the petitioners left the matrimonial home and residing separately from respondent, hence, petitioners have filed Criminal Miscellaneous No.77/2020. 4. After service of notice, the respondent entered appearance and filed statement of objections stating that, the petitioners have left the matrimonial home without any cause and accordingly, sought for dismissal of the petition. 5. The Family Court after considering the material on record by its order dated 03.04.2021 granted maintenance of Rs.2,000/- per month to the petitioner No.1 and Rs.1,000/- each to the petitioner Nos.2 and 3. - 4 - NC: 2025:KHC-D:2835 RPFC No. 100205 of 2024 Feeling aggrieved by the same, the respondent – husband has preferred this petition. 6. I have heard the learned counsel appearing for the parties. 7. It is the submission of the learned counsel appearing for the petitioner that the respondents herein have lived with the petitioner herein from August-2021 to September-2024 and thereafter, left the matrimonial home without any cause and accordingly, sought for interference of this Court. 8. Learned counsel appearing for respondents disputes the same. 9. In the light of submissions made by the learned counsel appearing for the parties, it is not in dispute that the marriage between the petitioner No.1 with the respondent was solemnized on 25.02.2017 and in their wedlock twins were born namely respondent Nos.2 and 3 herein. The Family Court after considering the material on record awarded the maintenance. Taking into consideration the submission made by learned counsel - 5 - NC: 2025:KHC-D:2835 RPFC No. 100205 of 2024 appearing for the petitioner herein, the same cannot be accepted on sole ground that the respondents herein have left the matrimonial home even according to the petitioner herein for neglecting them. Taking into account the quantum of maintenance awarded by the Family Court, I am of the opinion that, no interference is called for in this petition. 10. Accordingly, petition is dismissed. Sd/- (E.S.INDIRESH) JUDGE SMM CT:ANB List No.: 2 Sl No.: 7