- 1 - NC: 2025:KHC-D:1167 RPFC No. 100223 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 22ND DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH REV.PET FAMILY COURT NO. 100223 OF 2024 (-) BETWEEN: SRI. SUDAGADU PARAMESHWARA ALIAS S.PARAMESWARA S/O. SUDAGADU HONNURAPPA, AGE. 26 YEARS, R/O. DODAGATTA VILLAGE, KADALURU POST.D.HIREHAL MANDALAM ANANTAPURAM-DISTRICT ANDRAPRASESH-515872. …PETITIONER (BY SRI. MANJUNATHA G. PATIL, ADVOCATE) AND: 1. SMT. ALIM W/O. SUDAGADU PARAMESWARA ALIAS S.PARAMESWARA AND D/O KALLAPPA AGE. 23 YEARS. 2. MINOR SHEKAR S/O. SUDAGADU PARAMESWARA ALIAS S.PARAMESWARA AND SMT. ALIM, 3 YEARS, SINCE MINOR REPRESENTED BY HIS MOTHER AND NATURAL GUARDIAN SMT. ALIM W/O. PARAMESWARA ALIAS S.PARAMESWARA BOTHE ARE R/O. KRISHNA NAGAR CAMP, YARRANGALI VILLAGE, AND POST BALLARI TALUK AND DISTRICT-583116. …RESPONDENTS ------- MANJANNA E Digitally signed by MANJANNA E Date: 2025.01.24 13:10:59 +0530 - 2 - NC: 2025:KHC-D:1167 RPFC No. 100223 of 2024 THIS RPFC IS FILED UNDER SEC.19(4) OF THE FAMILY COURT ACT, 1984, PRAYING TO SET ASIDE THE ORDERS PASSED BY THE HON’BLE PRINCIPAL JUDGE, FAMILY COURT AT BALLARI IN CRL.MISC.NO.244/2023 DATED 30.10.2024 AND DIRECTED TO PAY THE MAINTENANCE OF RS.5000/- PER MONTH TO THE RESPONDENTS EACH FROM THE DATE OF PETITION AND ALSO DIRECTED TO PAY A SUM OF RS.5000/- TO THE FIRST PETITIONER/ WIFE TOWARDS THE COST OF LITIGATION, IN THE ABOVE CASE, IN THE INTEREST OF JUSTICE. THIS PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING: CORAM: THE HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER This petition is filed by the respondent-husband in Crl.Misc.No.244/2023 challenging the order dated 30.10.2024 passed by the Principal Judge, Family Court, Ballari (for short “the Family Court”) awarding the maintenance to the respondents herein. 2. For the sake of convenience, the parties are referred to as per their rank before the Family Court. 3. It is the case of the petitioners before the Family Court that the marriage between petitioner No.1 (wife) with the respondent (husband) was solemnized on 22.06.2018 and in their wedlock petitioner No.2 was born on 03.11.2021. It is stated in the petition that the respondent-husband was not - 3 - NC: 2025:KHC-D:1167 RPFC No. 100223 of 2024 taking care of the needs of the petitioners and was neglecting them and even not providing basic necessities and as such, the petitioners have left the matrimonial home and are residing with the parents of petitioner No.1. Hence, the petitioners have filed Crl.Misc.No.244/2023 before the Family Court seeking maintenance. 3.1. After service of notice, respondent-husband entered appearance before the Family Court and filed detailed statement of objection, however admitting the relationship between the parties however contended that he has filed Matrimonial Case in HMOP No.28/2022-23 before the competent Family Court at Anantpuramu seeking restitution of conjugal rights and accordingly, it is the case of the respondent-husband that the petitioner No.1 herself has left the matrimonial home without any cause and accordingly, sought for dismissal of the petition. 3.2. The Family Court, after considering the material on record, by its order dated 30.10.2024 allowed the petition in part and directed the respondent-husband to pay monthly maintenance of ₹5,000/- each to the petitioners. Feeling - 4 - NC: 2025:KHC-D:1167 RPFC No. 100223 of 2024 aggrieved by the same, the respondent-husband has presented this petition. 4. Sri. Manjunath G Patil, learned counsel appearing for the petitioner herein contended that the petitioner No.1-wife has left the matrimonial home without any cause and also submitted that the respondent-husband has filed a petition under Section 9 of the Hindu Marriage Act and the petitioner No.1-wife has not obeyed the order of the Family Court. Hence, sought for interference of this Court. 5. Having taken note of the submission of the learned counsel appearing for the parties, it is not in dispute with regard to the relationship between the parties. Petitioner No.2 was born in the wedlock of petitioner No.1 and the respondent. In that view of the matter, taking into consideration the fact that the parties are residing separately and also it is stated in the maintenance petition that the petitioner No.1-wife is residing with her parents and therefore, the reasons assigned by the learned counsel appearing for the respondent-husband (petitioner herein) that the respondent-husband has filed petition for restitution of conjugal rights, which is pending - 5 - NC: 2025:KHC-D:1167 RPFC No. 100223 of 2024 consideration before the competent Family Court cannot be accepted. In that view of the matter, taking into consideration the fact that the petitioners before the Family Court are residing separately at Krishna Nagar Camp in Ballari Taluk, I do not find any merit in the petition. The Family Court is just and proper in awarding maintenance of ₹5,000/- each to the petitioners. Accordingly, the petition stands dismissed. Sd/- (E.S.INDIRESH) JUDGE YAN CT:ANB List No.: 1 Sl No.: 31