Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC-D:2647 RPFC No. 100219 of 2024
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. 100219 OF 2024 (-) BETWEEN:
SANJEEVA KUMAR S/O. GUDDAPPA GAJIPUR, AGE. 40 YEARS, OCC. MECHANICAL ENGINEER, R/O. GOTAGODI, TQ. HANGAL, DIST. HAVERI 581104 …PETITIONER (BY SRI. B.C.JNANAYYA SWAMI, ADVOCATE)
AND:
1. MAMATA W/O. SANJEEVA KUMAR GAJIPUR, AGE. 35 YEARS, OCC. HOUSE HOLD, R/O. YALAKKI ONI, HAVERI – 581104.
2.
KUMARI KRUTI D/O. SANJEEVA KUMAR GAJIPUR, AGE. 06 YEARS, OCC. STUDENT, R/O. YALAKKI ONI, HAVERI – 581104.
PETITIONER NO.2 BEING MINOR REPRESENTED BY HER MOTHER I.E. PETITIONER NO.1 …RESPONDENTS
THIS RPFC IS FILED UNDER SEC.19(4) OF THE FAMILY COURT ACT, 1984, PRAYING TO SET ASIDE THE IMPUGNED ORDER IN CRL.MISC.NO.96/2024 DATED 26.10.2024 PASSED BY THE LEARNED PRINCIPAL JUDGE, FAMILY COURT, HAVERI, IN THE INTEREST OF JUSTICE AND EQUITY.
V N BADIGER Digitally signed by V N BADIGER Location: High Court of Karnataka, Dharwad Bench Date: 2025.02.11 16:32:25 +0530
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NC: 2025:KHC-D:2647 RPFC No. 100219 of 2024
THIS PETITION COMING ON FOR ORDERS 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 in Criminal Miscellaneous No.96/2024, challenging the order dated 26.10.2024 on the file of Principal Judge, Family Court, Haveri (for short, hereinafter referred to as ‘Family Court’), granting maintenance to the petitioners therein.
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 that, the marriage between the petitioner No.1 and respondent was solemnized during 2016 and in their wedlock petitioner No.2 is born. It is the case of the petitioners that, the respondent was working abroad and was B.E. graduate and has not taken care of the petitioners and the respondent has left to Muscut by saying that he will take the petitioner and during the said period the petitioner No.1 was carrying. It is the case of the petitioners that,
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NC: 2025:KHC-D:2647 RPFC No. 100219 of 2024
even thereafter the respondent has not made any effort to get the petitioners to the matrimonial home and as such, the petitioners have filed Criminal Miscellaneous No.96/2024 stating that the petitioner No.1 has no source of income to lead life.
4. On service of notice, the respondent has not chosen to appear before the Court and was placed ex- parte. The Family Court after considering the material on record by its order dated 26.10.2024 passed impugned
order. Being aggrieved by the same, the respondent- husband has preferred this petition.
5. Sri. B. C. Jnanayya Swami, learned counsel appearing for the petitioner contended that the Family Court has disposed of the entire case within four months without granting opportunity to the petitioner and father of the petitioner was suffering from ill-health and accordingly, sought for interference by this Court.
6. In the light of the submission made by learned counsel appearing for the petitioner, the relationship between the parties is not disputed. In view of the
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NC: 2025:KHC-D:2647 RPFC No. 100219 of 2024
marriage by the petitioner No.1 with the respondent, petitioner No.2 is born. Perusal of the finding recorded by the Family Court would indicate that the petitioner herein was in abroad and has not taken any interest with the petitioners to take them to the matrimonial home. It is also to be noted that the petitioner herein has received a notice from the Family Court, however has not chosen to appear before the Family Court. Hence, the Family Court after considering the material on record by its order dated 26.10.2024 passed impugned order granting maintenance to the respondents herein and same is in accordance with law and cannot be interfered with the revisional jurisdiction.
7. Accordingly, petition is dismissed.
Sd/- (E.S.INDIRESH) JUDGE
SMM CT:ANB List No.: 1 Sl No.: 9