- 1 - HC-KAR NC: 2026:KHC:6853-DB MFA No. 9170 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF FEBRUARY, 2026 PRESENT THE HON'BLE MR. JUSTICE JAYANT BANERJI AND THE HON'BLE MR. JUSTICE T.M.NADAF MISCELLANEOUS FIRST APPEAL NO. 9170 OF 2025 (FC) BETWEEN: SRI. BHUSHAN C., S/O CHANDRASHEKAR, AGED ABOUT 39 YEARS, RESIDING AT: NO.35 AND 39, 2ND CROSS, PANTHARAPALYA NAYANDAHALLI, BENGALURU - 560 039. …APPELLANT (BY SRI. B.C. VENKATESH, ADVOCATE) AND: SMT. KEERTHIKA N.M D/O N.C. MUNIREDDY, AGED ABOUT 30 YEARS, RESIDING AT: NAYANAHALLI, CHIKKABALLAPUR TALUK AND DISTRICT - 562 101. …RESPONDENT THIS MFA IS FILED UNDER SECTION 19(1) OF FAMILY COURT ACT, 1984, AGAINST THE JUDGMENT AND DECREE DATED 27.02.2025 PASSED IN CRL.MISC.NO.25/2022 ON THE Digitally Signed by REKHA R Location : High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:6853-DB MFA No. 9170 of 2025 FILE OF THE PRINCIPAL JUDGE, FAMILY COURT, CHIKKABALLAPUR, ALLOWING THE PETITION FILED U/S. 13(1)(i-a) AND (iii) OF THE HINDU MARRIAGE ACT, 1955. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE JAYANT BANERJI and HON'BLE MR. JUSTICE T.M.NADAF ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE JAYANT BANERJI) The office objection has been raised as to the maintainability of the appeal under Section 19(1) of the Family Courts Act, 1984, in view of the fact that the order sought to be challenged is that part of the order passed in MC.No.91/2023 c/w Crl.Misc.No.25/2022, whereby the application filed by the respondent-wife under Section 125 of the Cr.P.C, seeking maintenance from the appellant from the date of desertion was partly allowed. 2. The learned counsel for the appellant states that the instant appeal was filed on wrong legal advice. - 3 - HC-KAR NC: 2026:KHC:6853-DB MFA No. 9170 of 2025 3. The office objection has been correctly raised and this appeal is dismissed as not maintainable. 4. At this stage, the learned counsel for the appellant submits that, at the earlier point of time RPFC.No.90/2025 was filed under Section 19(4) of Family Courts Act, 1984, calling in question the order on application filed under Section 125 of Cr.P.C in the common judgment passed by the Family Court in MC.No.91/2023 c/w Crl.Misc.No.25/2022. However, on the wrong advice the petition was withdrawn with liberty to file this appeal. 5. As per Section 19(4) of Family Courts Act, 1984, against an order passed by the Family Court granting maintenance under Section 125 of Cr.P.C, a revision is maintainable and not an appeal. In view of the same, the present appeal filed is not maintainable in consonance, with the objection raised by the Registry of this Court. He further submits that this Court may observe that the earlier order of withdrawing the revision petition - 4 - HC-KAR NC: 2026:KHC:6853-DB MFA No. 9170 of 2025 may not come in the way of the appellant to prefer a fresh revision petition. 6. Considering the submission, the earlier order of withdrawal of revision petition will not come in the way of the appellant to prefer a fresh revision petition, provided the same is filed within 15 days from today. Sd/- (JAYANT BANERJI) JUDGE Sd/- (T.M.NADAF) JUDGE PK List No.: 2 Sl No.: 3 ct-vn