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2026 DAILYLAW 29438 (KAR)

SRI AVIN CHANDRAN v. SMT. USHA KUMARI @ USHA PILLAI

RPFC/216/2025 · 2026-07-14

P Sree Sudha

Public Interest Litigationbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR CNR: KAHC010509402025 NC: 2026:KHC:36297 RPFC No. 216 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF JULY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA REV.PET FAMILY COURT NO. 216 OF 2025 BETWEEN: SRI. AVIN CHANDRAN S/O SWAMINATHAN AGED ABOUT 49 YEARS PREVIOUSLY RESIDENT AT 62/A, 6th 'C' CROSS, 2nd MAIN ROAD, MANORANAYAPALYA, R.T. NAGAR POST, BENGALURU - 560 032. NOW RESIDING AT 145, 2nd FLOOR, CQAL LAYOUT SRI KRISHNA BHAVAN, BANGALORE - 560 092. …PETITIONER (BY SRI. RAVINDRA P., ADVOCATE) AND: SMT. USHA KUMARI @ USHA PILLAI D/O KUNJU PILLAI AGED ABOUT 48 YEARS R/AT NO.6, 1st CROSS, VENKATESHWARA LAYOUT NEAR VAGDEVI SCHOOL MUNEKOLALA, MARATHAHALLI POST BANGALORE - 560 037. Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010509402025 NC: 2026:KHC:36297 RPFC No. 216 of 2025 NOW RESIDING AT R/O FLAT NO.2, SECOND FLOOR BUILDING D2, QUADIRA PLAZA HAVERI-CURTI, PONDA GOA - 403 401. …RESPONDENT (BY SRI. JAMES P. ARUN KUMAR, ADVOCATE) THIS RPFC IS FILED UNDER SEC.19(4) OF THE FAMILY COURTS ACT., AGAINST THE ORDER DATED 21.10.2023 PASSED IN CRL. MISC. NO. 641/2018 ON THE FILE OF V ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, BENGALURU, PARTLY ALLOWING THE PETITION FILED UNDER SEC.125 OF CR.P.C., FOR MAINTENANCE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL ORDER Heard the arguments of both sides. 2. This RPFC is filed by the petitioner/husband seeking to set aside the order dated 21.10.2023 passed by the V Additional Principal Judge, Family Court at Bengaluru, in Crl.Misc.No.641/2018. The petitioner has also filed an - 3 - HC-KAR CNR: KAHC010509402025 NC: 2026:KHC:36297 RPFC No. 216 of 2025 application seeking condonation of a delay of 556 days in filing the revision petition. 3. It is stated that the Family Court directed him to pay a sum of Rs.10,000/- per month towards the maintenance of his daughter till her marriage. He contends that the order was passed without affording him an opportunity of hearing. He further states that he borrowed a sum of Rs.3,00,000/- to pay his daughter educational expesnes and entrusted the matter to his counsel after paying the requisite legal fees. 4. He further submits that he had no opportunity to challenge the ex-parte order. Earlier, he had approached this Court by filing RPFC No.263/2024 seeking the same relief. However, this Court permitted him to approach the Family Court. 5. Accordingly, the petitioner approached the Family Court by filing Crl. Misc. No.25/2025. Thereafter, on the advice of his counsel, he filed the present revision petition. - 4 - HC-KAR CNR: KAHC010509402025 NC: 2026:KHC:36297 RPFC No. 216 of 2025 Thus, there is a delay of 556 days, i.e., one year and six months, in filing the present RPFC. 6. In the objections filed by the respondent/wife, it is contended that Crl.Misc. No.641/2018 was originally filed by her seeking maintenance for the minor child. By order dated 21.10.2023, the Family Court allowed the petition. 7. The petitioner/husband was directed to pay maintenance of Rs.10,000/- per month towards the expenses of the child from the date of the petition till her marriage. The said order was not challenged within the prescribed period. Subsequently, the petitioner filed RPFC No.263/2024 before this Court with a delay of 313 days. However, the said revision petition was dismissed as withdrawn and the interlocutory application was also closed. Liberty was granted to the petitioner to approach the Family Court for modification of the order. Accordingly, he filed Crl.Misc.No.25/2025 before the Family Court. After hearing both sides, the Family Court dismissed the said application. Instead of challenging the order passed in Crl.Misc.No.25/2025, the petitioner has filed the present - 5 - HC-KAR CNR: KAHC010509402025 NC: 2026:KHC:36297 RPFC No. 216 of 2025 RPFC challenging the order passed in Crl. Misc.No.641/2018 with a delay of 556 days i.e., one year six months. In fact, the filing of RPFC No.216/2025 is not against order of the Family Court in Crl.Misc.No.25/2025 is not maintainable. Therefore, I.A.No.1/2026 is dismissed and RPFC No.216/2025 is also dismissed as not maintainable. 8. Accordingly, both the application for condonation of delay and the revision petition are dismissed. Sd/- (P SREE SUDHA) JUDGE TMP List No.: 2 Sl No.: 13