- 1 - NC: 2025:KHC-D:1200 RPFC No. 100220 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. 100220 OF 2024 (-) BETWEEN: SHRI. SHASHIDHARGOUDA S/O. CHANNABASANAGOUDA PATIL, AGE. 43 YEARS, OCC. BE SOFTWARE ENGINEER, R/O. H.NO. 49/17, 4TH CROSS, NEW BADAMI NAGAR, HUBBALLI 580023, TQ. HUBBALLI, DIST. DHARWAD. …PETITIONER (BY SRI. SUHAS K. HOSAMANI, ADVOCATE) AND: 1. SMT. ROOPA W/O. SHASHIDHARGOUDA PATIL, AGE. 37 YEARS, OCC. HOUSEHOLD WORK, R/O. H.NO. 49A, 4TH CROSS, NEW BADAMI NAGAR, KESHWAPUR, HUBBALLI 580023, TQ. HUBBALLI, DIST. DHARWAD. 2. KUMARI SHREYA D/O. SHASHIDHARGOUDA PATIL, AGE. 12 YEARS, OCC. STUDENT, R/O. H.NO. 49A, 4TH CROSS, NEW BADAMI NAGAR, KESHWAPUR, HUBBALLI - 580023, MANJANNA E Digitally signed by MANJANNA E Date: 2025.01.24 13:10:29 +0530 - 2 - NC: 2025:KHC-D:1200 RPFC No. 100220 of 2024 TQ. HUBBALLI, DIST. DHARWAD. 3. KUMARI RIYA D/O. SHASHIDHARGOUDA PATIL, AGE. 10 YEARS, OCC. STUDENT, R/O. H.NO. 49A, 4TH CROSS, NEW BADAMI NAGAR, KESHWAPUR, HUBBALLI 580023, TQ. HUBBALLI, DIST. DHARWAD. 4. KUMAR ADWAITGOUDA S/O. SHASHIDHARGOUDA PATIL, AGE. 7 YEARS, OCC. STUDENT, R/O. H.NO. 49A, 4TH CROSS, NEW BADAMI NAGAR, KESHWAPUR, HUBBALLI 580023, TQ. HUBBALLI, DIST. DHARWAD. …RESPONDENTS (RESPONDENT NO.1 - PARTY-IN-PERSON; R2-R4 ARE MINOR REPRESENTED BY R1) -------- THIS RPFC IS FILED UNDER SEC.19(4) OF THE FAMILY COURT ACT, 1984, PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 16.10.2023 PASSED BY THE HON’BLE I ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, HUBBALLI IN CRL.MISC.NO.62/2023 AND TO ALLOW THIS PETITION, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION COMING ON FOR FURTHER ORDERS THIS DAY, THE COURT MADE THE FOLLOWING: - 3 - NC: 2025:KHC-D:1200 RPFC No. 100220 of 2024 CORAM: THE HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER Heard the learned counsel appearing for the petitioner and Smt. Roopa-respondent No.1 present before the Court. 2. The petitioner herein is assailing the order dated 16.10.2023 in Criminal Miscellaneous No.62/2023 on the file of the I Additional Principal Judge, Family Court, Hubballi (for short, hereinafter referred to as ‘Family Court’). 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 petitioners before the Family Court that the marriage between the petitioner No.1 with the respondent-husband was solemnized on 13.04.2009 at Hubballi, and thereafter the family members of the respondent have harassed the petitioner No.1 for dowry and also humiliated the petitioners in the matrimonial home and as such the petitioner No.1 left the matrimonial home along with the children. It is also stated that in view of their wedlock three children were born namely petitioner Nos.2 to 4. Hence petitioners have filed Criminal Miscellaneous No.62/2023. - 4 - NC: 2025:KHC-D:1200 RPFC No. 100220 of 2024 5. The respondent/petitioner herein was placed exparte before the Family Court, though served, remained absent. 6. The Family Court after considering the material on record by order dated 16.10.2023, allowed the petition and as such directed the respondent to pay maintenance of Rs.10,000/- to the petitioner No.1 and Rs.5,000/- per month each to the petitioner Nos.2 to 4, in all the respondent was directed to pay Rs.25,000/- per month to the petitioners therein. Feeling aggrieved by the same, the respondent – husband has preferred this petition. 7. Heard Sri. Suhas K. Hosamani, learned counsel appearing for the petitioner and Smt. Roopa (respondent No.1). 8. It is contended by the learned counsel for the petitioner that the award of maintenance made by the Family Court is on the higher side and no fair opportunity has been extended to the petitioner herein as he was remanded to custody in Crime No.57/2019 and as such sought for interference of this Court. 9. Respondent No.1-in-person submitted that she has to take care of three children and residing in a house of the - 5 - NC: 2025:KHC-D:1200 RPFC No. 100220 of 2024 father of the petitioner herein. She also submitted that the children are studying and she has to take care of their educational expenses also. 10. In the light of the submission made by learned counsel appearing for the petitioner and party-in-person, it is not in dispute with regard to the relationship between the parties as the marriage between the petitioner and respondent No.1 herein was held on 13.04.2009 and in their wedlock three children were born. On perusal of the finding recorded by the Family Court would indicate that, criminal cases have been launched against the petitioner herein by the respondents herein and civil suit is also pending for decision before the competent Court. Taking into account the fact that the petitioner herein has been placed exparte before the Family Court and in order to provide fair opportunity to the petitioner herein to substantiate his case before the Family Court, I am of the view that, the present petition be allowed and to remand the matter to the Family Court for fresh consideration after affording opportunity to both the side. - 6 - NC: 2025:KHC-D:1200 RPFC No. 100220 of 2024 11. Hence, I pass the following ORDER (i) Petition is allowed. (ii) The order dated 16.10.2023 is Criminal Miscellaneous No.62/2023 on the file of I Additional Principal Judge, Family Court at Hubballi, is hereby set aside and matter is remanded to the Family Court for fresh consideration to afford an opportunity to the both parties and to pass appropriate orders in accordance with law. (iii) It is made clear that taking into account the age of the respondent Nos.2 to 4 are concerned and the livelihood of respondent No.1, the petitioner herein is directed to pay maintenance of Rs.25,000/- per month to the respondents herein, as awarded by the Family Court, till conclusion of the petition. - 7 - NC: 2025:KHC-D:1200 RPFC No. 100220 of 2024 (iv) It is open for the Family Court to consider the case of the parties on merits without there being influenced by this order. (v) In order to avoid further delay in the matter, as learned counsel appearing for the petitioner and respondent No.1 is present before the Court, parties are directed to appear before the Family Court on 19.02.2025 at 11.00 a.m. (vi) Petitioner is also pay cost of Rs.10,000/- to the respondents herein on allowing I.A.No.1. Sd/- (E.S.INDIRESH) JUDGE SMM CT:ANB List No.: 1 Sl No.: 17