- 1 - NC: 2025:KHC-K:2175 RPFC No. 200007 of 2025 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 4TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE REV.PET.FAMILY COURT NO.200007 OF 2025 BETWEEN: SRI. MUTTAPPA S/O LAGASHEPPA @ LAXMAN AWAJI, AGED ABOUT 50 YEARS, OCC: AGRICULTURE, R/O: ANAKALAGI VILLAGE, TQ: AND DIST: VIJAYAPURA – 586 127. …PETITIONER (BY SRI ARUNKUMAR AMARGUNDAPPA, ADVOCATE) AND: 1. SMT. LAGAMAVVA W/O MUTTAPPA AWAJI, AGED ABOUT 40 YEARS, OCC: HOUSEHOLD, 2. MRS. YALLAPPA S/O MUTTAPPA AWAJI, AGED ABOUT 09 YEARS, OCC: STUDENT, 3. MISS. SHWETA D/O MUTTAPPA AWAJI, AGED ABOUT 07 YEARS, OCC: STUDENT, 4. MISS. SWATI D/O MUTTAPPA AWAJI, Digitally signed by BASALINGAPPA SHIVARAJ DHUTTARGAON Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:2175 RPFC No. 200007 of 2025 AGED ABOUT 05 YEARS, OCC: STUDENT, 5. MISS. SHREYA D/O MUTTAPPA AWAJI, AGED ABOUT 03 YEARS, OCC: NIL SINCE RESPONDENT NO.2 TO 5 ARE MINORS REPT. BY THEIR NATURAL MOTHER PETITIONER NO.1 ALL ARE R/O: C/O: MALLAPPA S/O DUNDAPPA INDI, ANKALAGI VILLAGE, TQ: AND DIST: VIJAYAPURA – 586 127. …RESPONDENTS (BY SRI YASHAS S.DIKSHIT, ADVOCATE FOR R1) THIS REVISION PETITION FAMILY COURT IS FILED UNDER SECTION 19(4) OF THE FAMILY COURTS ACT, PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 26.07.2024 PASSED IN CRL.MISC.NO.169/2024, BY THE PRINCIPAL JUDGE, FAMILY COURT AT VIJAYAPURA, WHERE UNDER ALLOWED THE MAINTENANCE PETITION FILED BY THE RESPONDENT – WIFE HEREIN IN PART DIRECTING THE PETITIONER TO PAY A MONTHLY MAINTENANCE OF RS.5,000/- TO THE RESPONDENT NO.1 – WIFE AND 2,000/- EACH TO THE RESPONDENT NO.2 TO 5, IN THE ENDS OF JUSTICE. THIS REVISION PETITION FAMILY COURT, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE - 3 - NC: 2025:KHC-K:2175 RPFC No. 200007 of 2025 ORAL ORDER (PER: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE) Heard. 2. The petitioner is aggrieved by the impugned order directing payment of monthly maintenance of Rs.5,000/-, for the first petitioner and Rs.2,000/- each, to each of the petitioners No.2 to 5 before the Family Court. 3. It is noticed that the respondents though served, remained ex-parte. The petitioner filed the petition in the year 2024 and was disposed of, in terms of order dated 26.07.2024. Between the date of appearance and disposed then was only two adjournments. 4. Though this Court does not find anything wrong with the speed in which, the case is disposed of, considering the submissions made that, the petitioner before this Court co- operate for early disposal and also adjudication of interim application for maintenance, if filed by the petitioner before the Family Court without entering the merits of the matter. This Court also noticed that the husband has filed a petition seeking the restoration of conjugal rights and the petition seeking - 4 - NC: 2025:KHC-K:2175 RPFC No. 200007 of 2025 maintenance is filed after the petition filed husband seeking restoration of conjugal rights. 5. Hence, the following: ORDER i) The petition is allowed in part. ii) The impugned order dated 26.07.2024 passed by the Prl. Judge, Family Court, Vijayapur, in Crl.Misc.No.169/2024 is set aside and the matter is remitted to the Family Court for fresh consideration. iii) The Family Court shall hear the interim applications if any, filed seeking interim maintenance and pass appropriate orders within two months and thereafter, shall hear the main petition on merits and pass appropriate orders. iv) The parties shall appear before the Trial Court on 28.04.2025 without any further notice. v) It is made clear that this Court has expressed nothing on the merits of the case. vi) All contentions are kept open. - 5 - NC: 2025:KHC-K:2175 RPFC No. 200007 of 2025 vii) The petitioner shall pay cost of Rs.10,000/- to the respondents within two weeks from the date of appearance and same is condition precedent to contest the matter before the Family Court. Registry is directed to send back the Trial Court records. Sd/- (ANANT RAMANATH HEGDE) JUDGE TMP List No.: 1 Sl No.: 51