- 1 - NC: 2025:KHC-D:5626 RPFC No. 100206 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 26TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH REV.PET FAMILY COURT NO. 100206 OF 2024 (-) BETWEEN: SACHINSINGH S/O. BHUVANSINGH RAJPUT, AGE: 48 YEARS, OCC: BUSINESS, R/O. HOUSE NO.244/145, MAIN LANE, FULBAG GALLI, BELAGAVI-590001. ALSO AT SEVA SADAN TAHASHILDAR GALLI, BELAGAVI-590001. …PETITIONER (BY SMT. KAVYA SHETTAR, ADVOCATE FOR SRI. C.S. SHETTAR, ADVOCATE) AND: 1. PRABHAVATI W/O. SACHINSINGH RAJPUT, AGE: 44 YEARS, OCC: TEACHER IN ST. MARY’S HIGH SCHOOL, BELAGAVI, R/O. C/O. TRILOKSINGH N. RAJPUT, H.NO.101, RUKMINI NAGAR, KANABARGI ROAD, TQ: AND DIST: BELAGAVI-590016. 2. KUMAR RAGUVEERSINGH S/O. SACHINSINGH RAJPUT, AGE: 18 YEARS, OCC: STUDENT, R/O. C/O. TRILOKSINGH N. RAJPUT. H.NO.101, RUKMINI NAGAR, KANABARGI ROAD, TQ: AND DIST: BELAGAVI-590016. …RESPONDENTS THIS RPFC IS FILED UNDER SECTION 19(4) OF THE FAMILY COURT ACT PRAYING TO ADMIT THE PETITION AND CALL FOR THE RECORDS AND ALLOW THE PETITION SETTING ASIDE THE ORDER PASSED IN CRL.MISC.NO.110/2021 DATED 20.10.2023 PASSED BY I ADDITIONAL PRINCIPAL JUDGE FAMILY COURT, BELAGAVI AND ETC. MOHANKUMAR B SHELAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - NC: 2025:KHC-D:5626 RPFC No. 100206 of 2024 THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER 1. This petition is filed by the respondent – husband challenging the order dated 20.10.2023 in Crl.Misc.No.110/2021 on the file of the I Additional Principal Judge, Family Court, Belagavi1 granting maintenance to the respondents herein. 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 petitioners before the Family Court that the marriage between the petitioner No.1 with the respondent – husband was solemnized during April 2002 and in their wedlock petitioner No.2 is born. It is the case of the petitioners that, the respondent was not taking care of the needs of the petitioners and has totally neglected the petitioners and as such the 1 Hereinafter referred to as ‘Family Court’ - 3 - NC: 2025:KHC-D:5626 RPFC No. 100206 of 2024 petitioners have filed Crl.Misc.No.110/2021 before the Family Court seeking maintenance. 4. After service of notice, the respondent – husband entered appearance, however, has not contested the matter by filing statement of objection. 5. The Family Court after considering the material on record, by its order dated 20.10.2023, allowed the petition in part by directing the respondent – husband to pay monthly maintenance of Rs.15,000/- to the petitioners. Thereafter, the said order was modified insofar as apportionment of maintenance is concerned by order dated 09.01.2024, wherein it is held that petitioner No.1 is entitled for Rs.10,000/- p.m. and petitioner No.2 is entitled for Rs.5,000/- p.m. Feeling aggrieved by the same, the respondent – husband has preferred this petition. 6. I have heard Smt.Kavya Shettar for Sri.C.S.Shettar, learned counsel appearing for the petitioner. - 4 - NC: 2025:KHC-D:5626 RPFC No. 100206 of 2024 7. It is strenuously contended by the learned counsel for the petitioner that, the petitioner is incapable of working and is very high diabetic person and his health is not good and therefore refers to the documents annexed along with I.A.No.3/2024. It is also submitted by the learned counsel appearing for the petitioner that the respondent herein is working as teacher and her salary is around Rs.14,000/- p.m. and therefore sought for interference of this Court. 8. In the light of the submissions made by the learned counsel for the petitioner and on careful examination of the finding recorded by the Family Court would indicate that the marriage of the petitioner No.1 with respondent - husband was solemnized during April 2002 and in their wedlock petitioner No.2 is born. Finding recorded by the Family Court would indicate that the parties are residing separately. It is also to be noted that, the petitioner - wife is working at Saint Merry High School, Belagavi and having salary of Rs.14,000/- p.m. Taking into - 5 - NC: 2025:KHC-D:5626 RPFC No. 100206 of 2024 consideration the fact that the respondent - husband has not contested the matter on merits and therefore award of maintenance by the Family Court of Rs.10,000/- p.m. to petitioner No.1 is just and proper and does not call for interference in this petition as the petitioner No.1 has to take care of her son – petitioner No.2 and also residing in Belagavi city which is the second biggest city in the State of Karnataka and therefore taking into consideration the cost of living of an individual at Belagavi requires at least Rs.15,000/- to Rs.20,000/- p.m. and therefore the award of maintenance by the Family Court is just and proper insofar as petitioner No.1 is concerned. 9. It is also to be noted that petitioner No.2 – son has attained majority and therefore, the petitioner No.2 is entitled for maintenance till the age of his majority. 10. Accordingly, the petition is dismissed. Sd/- (E.S.INDIRESH) JUDGE SH CT-MCK List No.: 2 Sl No.: 2