CHANNABASAPPA S/O AJJAPPA YARAVINATALI v. SMT. PRAVATHI ALIAS KAVITA W/O CHANNABASAPPA YARAVINATALI
RPFC/100222/2024 · 2025-01-29
E S Indiresh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 8280 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 8280 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC-D:1726 RPFC No. 100222 of 2024
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 29TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH REV.PET FAMILY COURT NO. 100222 OF 2024 (-) BETWEEN:
CHANNABASAPPA S/O. AJJAPPA YARAVINATALI, AGE. 46 YEARS, OCC. AGRICULTURE, R/O. GUTTAL, TQ.DIST. HAVERI-581108.
…PETITIONER (BY SRI. K. S. KORISHETTAR, ADVOCATE)
AND:
SMT. PRAVATHI ALIAS KAVITA W/O. CHANNABASAPPA YARAVINATALI, AGE. 38 YEARS, OCC. HOUSEHOLD, R/O.C/O. NAGAPPA SHIDDANAGOUDAR, NELOGAL VILLAGE, TQ.DIST. HAVERI-581108. …RESPONDENT
THIS RPFC IS FILED UNDER SEC.19(4) OF THE FAMILY COURT ACT, 1984, PRAYING TO CALL FOR RECORDS AND TO SET ASIDE THE JUDGMENT AND ORDERS PASSED BY THE PRINCIPAL JUDGE, FAMILY COURT, HAVERI, DATED 05.07.2024 IN CRI.MISC.NO.100/2023, IN THE INTEREST OF JUSTICE AND EQUITY.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
CORAM:
THE HON'BLE MR. JUSTICE E.S.INDIRESH
MANJANNA E Digitally signed by MANJANNA E Location: High Court of Karnataka, Dharwad Bench Date: 2025.02.01 11:43:07 +0530
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NC: 2025:KHC-D:1726 RPFC No. 100222 of 2024
ORAL ORDER
1. Heard the learned counsel appearing for the petitioner.
2. This petition is filed by the respondent – husband challenging the order dated 05.07.2024 in Crl.Misc.No.100/2023 on the file of the Principal Judge, Family Court, Haveri1 granting maintenance of Rs.7,000/- per month to the respondent herein.
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 petitioner before the Family Court that the marriage between the petitioner and respondent was solemnized on 26.04.2007 and in their wedlock, no children were born. It is further stated in the petition that, after the marriage the petitioner has joined the respondent to lead marital life, however, the family members of the respondent and the respondent, have not
1 Hereinafter referred to as ‘Family Court’
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NC: 2025:KHC-D:1726 RPFC No. 100222 of 2024
taken care of the petitioner and have not provided basic needs to the petitioner and as such, the petitioner has left the matrimonial home and residing with her parents. Hence, the petitioner has filed Crl.Misc.No.100/2023 before the Family court seeking maintenance.
5. After service of notice, the respondent – husband entered appearance and filed detailed statement of objection denying the averments made in the petition and took up a specific contention that the petitioner herself left the matrimonial home without any cause and accordingly sought for dismissal of the petition.
6. The Family Court after considering the material on record, by its order dated 05.07.2024, allowed the petition in part by directing the respondent – husband to pay monthly maintenance of Rs.7,000/- per month to the petitioner. Feeling aggrieved by the same, the respondent – husband has preferred this petition.
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NC: 2025:KHC-D:1726 RPFC No. 100222 of 2024
7. I have heard Sri.K.S.Korishettar,
learned counsel for the petitioner.
8. It is the submission of the learned counsel appearing for the petitioner that the petitioner herein is innocent and has no worldly knowledge about marriage and other aspects in life and also it is stated that the allegation made by the respondent herein in the petition is without any proof and accordingly sought for interference of this Court.
9. Having taken note of the submission of the
learned counsel appearing for the petitioner, it is not in dispute that the marriage between petitioner and respondent was solemnized on 26.04.2007 and thereafter the respondent herein has left matrimonial home by making certain allegations against the petitioner herein and his family members. It is also not in dispute that the respondent herein is residing with her parents. Taking into
consideration the finding recorded by the Family Court, as the respondent herein is residing with her parents and
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NC: 2025:KHC-D:1726 RPFC No. 100222 of 2024
therefore finding recorded by the Family Court granting monthly maintenance of Rs.7,000/- to the respondent herein is just and proper taking into account the medical expenses and other aspects of the respondent herein. Accordingly, no interference is called for in this petition.
10. In view of the aforementioned, the petition is dismissed.
Sd/- (E.S.INDIRESH) JUDGE
SH CT:ANB List No.: 1 Sl No.: 12