- 1 - HC-KAR NC: 2025:KHC-D:10369 RPFC No. 100094 of 2025 IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE 18TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA REVISION PETITION (FAMILY COURT) NO. 100094 OF 2025 BETWEEN: SRI JOSEPAUR RAJ @ SURESH L.C. S/O. CHINNAPPA AGE: 34 YEARS, OCC. NIL R/O. 11TH WARD, PAPINAYAKANA HALLI, TQ. HOSAPETE, DIST. VIJAYANAGAR-583201. …PETITIONER (BY SRI HANUMANTHAREDDY SAHUKAR, ADVOCATE.) AND: SMT. MARY VELANGANI @ SAGAYA MARY D/O. LATE S. AROGYA DAS W/O. JOSEPAUL RAJ @ SURESH L.C. AGE: 23 YEARS, OCC: BUSINESS R/O. 28TH WARD, DR. AMBEDKAR CIRCLE, NEAR ST. ANTHONY'S, CATHEDRAL, BANDIHATTI, BALLARI-583101. …RESPONDENT (NOTICE SERVED TO RESPONDENT.) THIS RPFC IS FILED UNDER SECTION 19(4) OF THE FAMILY COURTS ACT, 1984, PRAYING TO SET ASIDE THE ORDER DATED 26.10.2024, IN CRL.MISC.NO.109/2024, PASSED BY THE LEARNED PRINCIPAL JUDGE, FAMILY COURT, BALLARI, AND REMAND THE MATTER TO THE TRIAL COURT BY PERMITTING THE PETITIONER TO FILE STATEMENT OF OBJECTIONS TO THE MAIN PETITION AND TO DECIDE THE MATTER IN ACCORDANCE WITH LAW, BY ALLOWING THE ABOVE PETITION AS PRAYER FOR, IN THE INTEREST OF JUSTICE AND EQUITY. Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.08.20 10:42:26 +0530 - 2 - HC-KAR NC: 2025:KHC-D:10369 RPFC No. 100094 of 2025 THIS PETITION COMING ON FOR ADMISSION THIS DAY, ORDER IS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE G BASAVARAJA) Court notice report received from the office of the Principal Judge, Family Court, Ballari, reveals that notice is served to the respondent personally. The name of respondent is called out. She remained absent and unrepresented. 2. The revision petitioner has preferred this revision petition against the order dated 26.10.2024, passed by the Principal Judge, Family Court, Ballari, in Crl.Misc.No.109/2024. Despite service of notice, the respondent remained absent and unrepresented. 3. Heard the learned counsel for petitioner. 4. Learned counsel for petitioner would submit that the relationship between the parties is not disputed. The trial Court has not provided opportunity to file - 3 - HC-KAR NC: 2025:KHC-D:10369 RPFC No. 100094 of 2025 objections and also for cross-examination of PW.1. Hence sought for remand of the matter to the trial Court by permitting the petitioner to file statement of objections to the main petition and also to adduce evidence. 5. The certified copy of the order sheet produced by the learned counsel for petitioner today before the Court reveals that the respondent has filed this petition on 15.04.2024. The case was taken on board on 20.04.2024. On that day along with the petition I.A.No.1 was filed for interim maintenance. The trial Court has not awarded any interim maintenance and notice was issued to the respondent and posted the matter to 05.06.2024, on which date the respondent therein appeared before the Court through his counsel and filed I.A. under section 13 of the Family Courts Act and the same was allowed and the case was referred to mediation and posted to 17.08.2024. On 17.08.2024 mediation report was not received. Then the case was posted to 04.09.2024. The result of mediation was not noted in the order sheet. - 4 - HC-KAR NC: 2025:KHC-D:10369 RPFC No. 100094 of 2025 However the trial Court passed an order on 04.09.2024 and posted the case to file objection to main petition and adjourned the case to 20.09.2024. On that day since the respondent has not filed objections, the case was posted to petitioner’s evidence under Order VIII Rule 10 of CPC and adjourned the case to 26.09.2024. On that day evidence of petitioner was recorded and then posted the case to 03.10.2024. On 03.10.2024 the trial Court has passed an order as under. “Petitioner is present. She P/T. Call on for evidence by 08.10.2024. Sd/- Later at 12.50 p.m. Sri N.K. appears and submits he was held up in traffic due to arrival of xxxxxxxx. Petitioner is also present. She files her affidavit in lieu of her chief examination. Documents vide Ex.P.1 to P.3 are marked. For cross examination of PW.1 by 08.10.2024. Sd/-“ - 5 - HC-KAR NC: 2025:KHC-D:10369 RPFC No. 100094 of 2025 6. Then, the case was posted to 08.10.2024. That on 08.10.2024 the trial Court has passed an order as under: “This is called at 3.16 p.m. The PW.1 is present on this day. Even when the case is called for 2nd time, the respondent and the counsel of respondent are not present. Hence PW.1 is discharged by treating her cross examination as not done. Heard the petitioner. For orders by 16.10.2024. Sd/-.” 7. The case was being adjourned for orders on 16.10.2024, 19.10.2024, 24.10.2024 and finally on 26.10.2024, on which date the trial Court passed the order to pay monthly maintenance of Rs.13,000/- to the petitioner from the date of petition and also to pay cost of Rs.7,500/- to the petitioner. 8. On a perusal of the petition grounds it is seen that, in paragraph No.3 of the petition grounds it is stated that the respondent herself left the matrimonial home - 6 - HC-KAR NC: 2025:KHC-D:10369 RPFC No. 100094 of 2025 without any cause much less the reasonable cause. The grounds urged in the petition itself reveal that there is no dispute as to the relationship between the petitioner and respondent as husband and wife. Before appreciating the facts on record it is relevant to mention here itself the proviso of Section 125 of Chapter IX of the Code of Criminal Procedure, 1973, which reads as under: “Provided further that the Magistrate may, during the pendency of the proceeding regarding monthly allowance for the maintenance under this sub-section, order such person to make a monthly allowance for the interim maintenance of his wife or such child, father or mother, and the expenses of such proceeding which the Magistrate considers reasonable, and to pay the same to such person as the Magistrate may from time to time direct. Provided also that an application for the monthly allowance for the interim maintenance and expenses of proceeding under the second proviso shall, as far as possible, be disposed of within sixty days from the date of the service of notice of the application to such person.” 9. Though there is a specific proviso as to consider the interim applications for maintenance, the trial Court - 7 - HC-KAR NC: 2025:KHC-D:10369 RPFC No. 100094 of 2025 has not complied the mandatory provisions of proviso of section 125 of Chapter IX of Cr.P.C., 1973. Instead of complying this provision, the trial Court has recorded the evidence of PW.1. 10. Since the revision petitioner has not disputed the relationship between the petitioner and respondent and the trial Court has not provided sufficient opportunity to the present petitioner, it is just and proper to remand the case to the trial Court by providing opportunity to the petitioner to file his objection to the main petition and also to adduce evidence on his behalf and also for cross-examination of PW.1 with a condition that the petitioner shall pay interim maintenance of Rs.5,000/- per month from the date of filing of the petition till the disposal of the main petition. Accordingly, I proceed to pass the following: ORDER i) The petition is partly allowed. - 8 - HC-KAR NC: 2025:KHC-D:10369 RPFC No. 100094 of 2025 ii) The order dated 26.10.2024, passed by the Principal Judge, Family Court, Ballari, in Crl.Misc.No.109/2024 is set aside. iii) It is submitted by the learned counsel for revision petitioner that some amount is already deposited. If it is so, the trial Court is directed to deduct the same towards interim maintenance. iv) The case is remanded to the trial Court with a direction to provide opportunity to the revision petitioner to file objection and also for cross-examination of PW.1 and adduce his evidence, if any. v) The trial Court is also directed to provide opportunity to the respondent to adduce additional evidence, if any. - 9 - HC-KAR NC: 2025:KHC-D:10369 RPFC No. 100094 of 2025 vi) Send a copy of this order to the trial Court and also to the respondent through RPAD. vii) No order as to costs. Sd/- (G BASAVARAJA) JUDGE MRK CT-CMU LIST NO.: 1 SL NO.: 55