- 1 - HC-KAR NC: 2026:KHC:35557 RPFC No. 16 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF JULY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA RPFC NO. 16 OF 2026 BETWEEN: 1. SMT UMME SALMA W/O MOHAMMED ZAHEER ABBAS, AGED ABOUT 34 YEARS 2. KUM. HAADIYA NOOR D/O MOHAMMED ZAHEER ABBAS KHAN AGED ABOUT 4 YEARS. BOTH ARE R/A R/O C/O SMT SHAKIRA BEGUM, ANNA NAGAR, MAIN ROAD, SHIVAMOGGA-IN 577201. PETITIONERS (BY SRI. MALATESH H.,ADVOCATE) AND: MOHAMMAD ZAHEER ABBAS S/O ABDUL GHANI KHAN, AGED ABOUT 40 YEARS OCC GOVERNMENT HIGH SCHOOL TEACHER (MOULANA ENGLISH MODEL SCHOOL LASHKKAR MOHALLA, SHIVAMOGGA) R/A 2ND CROSS, MAIN ROAD, OPP. GURUNATHA SAW MILL, MELGHATTA, SHIVAMOGGA - 577201. RESPONDENT (BY SRI. SANDESH P. NADIGER.,ADVOCATE) THIS RPFC IS FILED UNDER SEC.19(4) OF THE FAMILY COURTS ACT., AGAINST THE ORDER DATED 03.10.2025 Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:35557 RPFC No. 16 of 2026 PASSED IN Crl. M.C. NO.43/2023 ON THE FILE OF PRL. JUDGE, FAMILY COURT, SHIVAMOGGA, PARTLY ALLOWING THE PETITION FILED UNDER SEC.125 OF THE Cr.P.C. FOR MAINTENANCE AND ETC,. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL ORDER This petition is filed by petitioner No.1 against the order dated 03.10.2025 passed in Crl.Misc.No.43/2023 by the Family Court, Shivamogga (hereinafter referred as to 'Family Court'). 2. The wife and child filed the criminal petition for monthly maintenance before the Family Court, but it was held that petitioner No.1 is not entitled for maintenance and granted an amount of Rs.8,000/- per month to petitioner No.2 from date of petition. Aggrieved by the said order, she preferred this petition and mainly contended that the Family court dismissed the application filed by her on the ground that she has not filed the bank statement. Now she filed the bank statement before this Court. Therefore, this Court finds that, it is just and reasonable to remand the matter to the Family Court with a direction to consider the evidence of both sides afresh and to - 3 - HC-KAR NC: 2026:KHC:35557 RPFC No. 16 of 2026 dispose of the maintenance matter on merits by duly considering entire evidence on record. 3. In view of the aforementioned, the following: ORDER i) The petition is allowed and remanded; ii) The Family Court is directed to consider the entire evidence on record, arguments of both sides and dispose of the matter afresh. iii) This record is to be sent back by the Registered within 10 days. iv) The parties are directed to appear before the Family Court on 03.08.2026. Sd/- (P SREE SUDHA) JUDGE PNV List No.: 2 Sl No.: 20