- 1 - HC-KAR NC: 2026:KHC:35553 RPFC No. 219 of 2022 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. 219 OF 2022 BETWEEN: 1. D. C. SHANMUKHASWAMY, S/O. M. CHANNAPPA, AGED ABOUT 39 YEARS, R/O LIG 39, OLD HOUSING BOARD, HOLENARASIPURA HASSAN DISTRICT- 573 211. …PETITIONERS (BY SRI. GIRISH B BALADARE, ADVOCATE (ABSENT)) AND: 1. SMT REETHA K. R., W/O D.C. SHANMUKHASWAMY, D/O T RAJASHEKARAIAH, AGED ABOUT 34 YEARS, 2. SANNIDI S D/O C.D SHANMUKHASWAMY, AGED ABOUT 07 YEARS, 3. JAYANTH S D/O.D.C. SHANMUKHASWAMY, AGED ABOUT 5 YEARS RESPONDENT NO.2 AND 3 ARE Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:35553 RPFC No. 219 of 2022 MINORS REPRESENTED BY THEIR NATURAL GUARDIAN MOTHER RESPONDENT NO.1 ALL ARE RESIDENT OF NO. 1036/12, F5/1, 1st MAIN ROAD, 1st CROSS ROAD, PUBLIC HOSTEL ROAD, ANDANI CIRCLE, VIDYARANYPURAM, MYSURU - 570001. …RESPONDENTS (BY SMT. SUJNANESHWARI SHETTY, ADVOCATE FOR R1; R2 AND R3 ARE MINORS REP BY R1) THIS RPFC FILED UNDER SECTION 19(4) FAMILY COURTS ACT, AGAINST THE ORDER DATED 20.01.2022 PASSED IN CRL.MISC.644/2021 ON THE FILE OF THE III ADDITIONAL PRINCIPAL JUDGE FAMILY COURT AT MYSORE, PARTLY ALLOWING PETITION FILED UNDER SECTION 125 OF Cr.P.C FOR MAINTENANCE. THIS PETITION, COMING ON FOR HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA - 3 - HC-KAR NC: 2026:KHC:35553 RPFC No. 219 of 2022 ORAL ORDER Learned counsel for the petitioner is absent. There was no representation even on 24.06.2026. To give fair opportunity to the petitioner, the matter is listed today. Even today there is no representation. 2. Learned counsel for the respondents is present before this Court and submits that Crl.Misc.No.644/2021 is filed by the wife and children for maintenance and the Family Court considering the entire evidence on record granted maintenance of Rs.4,000/- to respondent No.1/wife and Rs.3,000/- each to respondent Nos.2 and 3 i.e., Rs.7,000/- in total and also Rs.5,000/- towards litigation expenses. 3. Aggrieved by the said order, the petitioner/husband preferred this appeal, but not turned up before the Court. - 4 - HC-KAR NC: 2026:KHC:35553 RPFC No. 219 of 2022 4. It is contended in the appeal memo that the marriage of the petitioner with respondent No.1 was performed on 24.04.2014 and in the year 2015, a female child was born and in the year 2017, another child was born. It is stated that on 21.01.2022 the petitioner/husband met with an accident and sustained fractural injuries and took treatment periodically and was advised rest for a period of more than three months. 5. It is stated that after service of summons, the petitioner/husband has not contested the matter on merits by filing any objections. But the Family Court without considering the same has allowed the application and granted maintenance. 6. It is further stated that the petitioner/husband has to maintain his aged parents and remaining family members. As he sustained fracture in the accident, it is difficult for him to pay maintenance and the amount - 5 - HC-KAR NC: 2026:KHC:35553 RPFC No. 219 of 2022 granted by the Family Court is on higher side. Therefore, it is requested to modify the order dated 20.01.2022. 7. Petitioner/husband himself stated that inspite of service of summons he could not contest the matter as such he was placed ex-parte. It is for him to file an application to set aside the ex-parte order. But he kept quiet till the disposal of Crl.Misc.No.644/2021 on 20.01.2022. Therefore, his contention that no opportunity was given to him cannot be accepted. Petitioner/husband has not stated his occupation or income and he admitted the marriage and paternity. Children are aged about 10 and 8 years respectively. Respondent/wife has to incur the educational expenses of the children also. He met with an accident in the year 2022 and advised rest only for 3 months. But we are in 2026. Therefore, his contention that due to the injury sustained in the accident, he cannot pay compensation is not sustainable. - 6 - HC-KAR NC: 2026:KHC:35553 RPFC No. 219 of 2022 8. Therefore, this Court is of the view that this petition is devoid of merits and is dismissed by confirming the order of the Family Court. Sd/- (P SREE SUDHA) JUDGE NS CT:TSM List No.: 2 Sl No.: 37