Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:27975 RPFC No. 61 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JUNE, 2026 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA REV.PET FAMILY COURT NO. 61 OF 2026 BETWEEN:
SRI RAMACHANDRA B. M., S/O MOODALGIRI GOWDA, AGED ABOUT 47 YEARS, R/AT NO. 15/2, 19TH MAIN, 12TH CROSS, BYATARAYANAPURA, NEW EXTENSION, MYSORE ROAD, BENGALURU- 560026. …PETITIONER (BY SRI. RUPESH KUMAR S., ADVOCATE) AND:
1.
SMT. AMITHA DEVRAJ, W/O RAMACHANDRA B. M., AGED ABOUT 45 YEARS,
2.
MASTER. YAJATH GOWDA R., S/O RAMACHANDRA B. M.
AGED ABOUT 14 YEARS,
3.
MASTER. HISHANTH GOWDA R., S/O RAMACHANDRA B. M., AGED ABOUT 9 YEARS RESPONDENTS NO.2 AND 3 ARE BEING MINORS, Digitally signed by AASEEFA PARVEEN Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:27975 RPFC No. 61 of 2026 REPRESENTED BY THEIR NATURAL GUARDIAN MOTHER I.E., 1ST RESPONDENT, ALL ARE ESIDING AT LIG II-908, 2ND PHASE, 10TH CROSS, SHARADADEVI NAGAR, MYSURU-570022. …RESPONDENTS (BY SRI. MOHAN B. K., ADVOCATE)
THIS RPFC FILED UNDER SEC.19(4) OF THE FAMILY COURTS ACT., AGAINST THE ORDER DATED 09.01.2025 PASSED IN C.MISC NO.734/2024 ON THE FILE OF PRINCIPAL JUDGE, FAMILY COURT, MYSURU, PARTLY ALLOWING PETITION FILED UNDER ORDER 125 OF Cr.P.C FOR MAINTENANCE.
THIS PETITION, COMING ON FOR, ORDERS THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA ORAL ORDER This revision petition is the outcome of the order that is rendered by the Court of Principal Judge, Family Court, Mysuru in Crl.Misc.No.734/2024 dated 09.01.2025.
2. Respondents filed Crl.Misc.No.734/2024 against the petitioner herein seeking maintenance. Family Court
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HC-KAR NC: 2026:KHC:27975 RPFC No. 61 of 2026 through the impugned order directed petitioner herein to pay respondent No.1 a sum of Rs.10,000/- and respondent Nos.2 and 3 a sum of Rs.5,000/- each per month towards their maintenance. Aggrieved by the same, this revision petition is filed.
3.
Learned counsel for the petitioner submits that without hearing the petitioner the impugned order came to be passed. Learned counsel states that no notice whatsoever was served upon the petitioner by the Family Court. Therefore, petitioner could not contest the matter.
Learned counsel thereby seeks to grant an opportunity to the petitioner to contest the matter by setting aside the impugned order.
4.
Learned counsel for respondents on the other hand submits that respondent No.1 is the wife and respondent Nos.2 and 3 are the minor children of the petitioner. They have no source of livelihood. Further, respondent No.1 is incurring necessary expenses for the education of respondent Nos.2 and 3. She has no source
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HC-KAR NC: 2026:KHC:27975 RPFC No. 61 of 2026 of earnings whatsoever. Hence, protecting the interest of respondents, the revision petition may be disposed of.
5. On that learned counsel for the petitioner submits petitioner undertakes to take care of the educational expenses of respondent Nos.2 and 3 and he will also pay certain amount as maintenance to respondent No.1.
6. In the present day living, even on lower side, respondent Nos. 2 and 3 requires a sum of Rs.5,000/- per month each for their food, clothing, education and incidental expenses. Likewise, respondent No.1 requires a sum of Rs.7,000/- even on lower side to maintain herself.
7. The petitioner claims that he did not receive notice. There is a mention in the impugned order that notice sent to petitioner returned with an endorsement 'unclaimed'. Learned counsel for the petitioner states that no notice was served at all upon the petitioner. Considering these aspects this Court considers desirable to
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HC-KAR NC: 2026:KHC:27975 RPFC No. 61 of 2026 set aside the impugned order conditionally so as to afford opportunity to the petitioner to contest the case. Therefore, the revision petition is disposed of with the following:
ORDER (i) The order that is rendered by the Court of the Principal Judge, Family Court, Mysuru in Crl.Misc.No.734/2024 dated 09.01.2025 is set aside. (ii) The Court of Principal Judge, Family Court, Mysuru is directed to give opportunity to the petitioner/respondent to file his statement of objections. Also opportunity be given to both sides to adduce evidence. Thereafter the Court shall dispose of the case in accordance with law. (iii) Pending disposal of the matter, petitioner/respondent shall pay respondent No.1 a sum of Rs.7,000/- per month towards her maintenance. Also petitioner shall pay respondents Nos.2 and 3 a sum of Rs.5,000/- per month each till the disposal of the case by
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HC-KAR NC: 2026:KHC:27975 RPFC No. 61 of 2026 the Family Court or till they attain the age of majority whichever is earlier. Revision petition is accordingly disposed of. In the light of the disposal of the revision petition, the proceedings in I.A.No.2/2026 are closed. Sd/- (DR.CHILLAKUR SUMALATHA) JUDGE DS CT:TSM List No.: 1 Sl No.: 23