- 1 - NC: 2025:KHC-D:2666 RPFC No. 100012 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 11TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH REV.PET FAMILY COURT NO. 100012 OF 2025 (-) BETWEEN: SAYYAD MAKBUL S/O. LATE SAYYAD MEHABUB BASHA, AGED 45 YEARS, OCC. ADVOCATE, R/O. S.R. NAGAR, NEAR NOORANI MAZID, HOSAPETE, DIST. VIJAYANAGAR. …PETITIONER (BY SRI. M. M. NAIKWADI, ADVOCATE) AND: SMT. YASMIN SULTAN W/O. SAYYAD MAKBUL, AGE. 33 YEARS, OCC. HOUSEHOLD, R/O. HOSPETE NOW AT R/O. PALTANGALLI, KOPPAL. …RESPONDENT -------- THIS CRIMINAL PETITION IS FILED U/S 482 R/W SECTION 107 OF CR.P.C. (528 OF BNSS), PRAYING TO CALL FOR RECORDS AND QUASH THE ORDER DATED 13.11.2024 PASSED BY THE PRL. FAMILY COURT JUDGE, KOPPAL IN CRL.MISC. PETITION NO.133/2021 AWARDING RS.7500/- MAINTENANCE, IN THE INTEREST OF JUSTICE. THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING: V N BADIGER Digitally signed by V N BADIGER Location: High Court of Karnataka, Dharwad Bench Date: 2025.02.11 16:17:00 +0530 - 2 - NC: 2025:KHC-D:2666 RPFC No. 100012 of 2025 CORAM: THE HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER This petition is filed by the petitioner herein challenging the order dated 13.11.2024 in Crl.Misc.No.133/2021 on the file of the Principal Judge, Family Court, Koppal (for short “the Family Court”) granting maintenance of ₹7,500/- per month to the respondent herein. 2. For the sake of convenience, parties are referred to as per their rank before the Family Court. 3. It is the case of the petitioner-wife that the marriage of the petitioner-wife with respondent-husband was solemnised on 14.12.2018 at Hospet and in their wedlock two children were born. It is also stated in the petition that the respondent-husband has neglected the petitioner-wife and as such, she left the matrimonial home at the instance of the respondent-husband on 30.01.2021 and residing with her grandmother at Koppal as the father of the petitioner-wife is no more. Hence, the petitioner-wife filed Crl.Misc.No.133/2021 seeking maintenance from the respondent-husband. - 3 - NC: 2025:KHC-D:2666 RPFC No. 100012 of 2025 3.1. On service of notice, respondent-husband entered appearance before the Family Court and filed statement of objections denying the averments made in the petition. It is the case of the respondent-husband that the petitioner-wife herself had left the matrimonial home without any cause and the children born in their wedlock are in the custody of the respondent-husband. Accordingly, he sought for dismissal of the petition. 4. The Family Court, after considering the material on record, by its order dated 13.11.2024, awarded maintenance of ₹7,500/- per month to the petitioner-wife and being aggrieved by the same, the respondent-husband has filed this petition. 5. I have heard Sri. M.M.Naikwadi, learned counsel appearing for the petitioner herein. 6. It is contended by the learned counsel appearing for the respondent-husband that the petitioner-wife is an educated lady, completed D.Ed., was working as a teacher in a school at Hospet and therefore, considering Ex.P6 marked before the Family Court, the award of maintenance by the Family Court is on higher side, which requires to be interfered with in this - 4 - NC: 2025:KHC-D:2666 RPFC No. 100012 of 2025 petition. It is also argued by the learned counsel appearing for the respondent-husband that two children were in the custody of the respondent-husband and therefore, the award of monthly maintenance by the Family Court is on higher side and accordingly, sought for interference of this Court. It is also submitted by the learned counsel appearing for the respondent- husband that he has to take care of his mother, who is having health ailments, and medical bills were produced at Ex.P21 to Ex.P24 and also the provisional home loan interest certificate as per Ex.P25 has to be taken into consideration. 7. In the light of the submission made by the learned counsel appearing for the petitioner and on careful examination of the finding recorded by the Family Court would indicate that there is no dispute with regard to the relationship between the parties and in their wedlock two children were born. Perusal of the averments made in the claim petition that the petitioner- wife was thrown out from the matrimonial home on 30.01.2021 at the behest of the respondent-husband and the petitioner- wife is residing with her grandmother in Koppal, and therefore, I am of the view that the parties are residing separately and as the petitioner-wife has no source of livelihood, the impugned - 5 - NC: 2025:KHC-D:2666 RPFC No. 100012 of 2025 order passed by the Family Court granting maintenance of ₹7,500/- per month to the respondent herein is just and proper and does not call for interference by this Court in this petition. Accordingly, the petition stands dismissed. 8. In view of disposal of the petition, pending interlocutory applications, if any, do not survive for consideration and are disposed of accordingly. Sd/- (E.S.INDIRESH) JUDGE YAN CT:ANB List No.: 1 Sl No.: 10