Rahul S/O Ashvin Bhandari vs Pooja W/O Rahul Bhandari
2022 Latest Caselaw 9730 Kant

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                                        RPFC No. 100003 of 2022


      IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

            DATED THIS THE 27th DAY OF JUNE, 2022

                            BEFORE
             THE HON'BLE MR JUSTICE E.S.INDIRESH
         REV.PET FAMILY COURT NO. 100003 OF 2022 (-)
BETWEEN:

1.     RAHUL S/O ASHVIN BHANDARI
       AGE: 31 YEARS,OCC: BUSINESS,
       R/O: 15/4641, NEAR GOVENMENT AREA HOSPITAL CITY
       PRESS COMPOUND, ADHONI,
       DIST: KURNOOL



                                                    ...PETITIONER

(BY         SMT.SMITA           B.H.,       ADVOCATE.,       FOR
SRI. R H ANGADI., ADVOCATE)

AND:

1.     POOJA W/O RAHUL BHANDARI
       AGE: 30 YEARS,OCC: HOUSEHOLD WORK,
       R/O: G3 TORAL APARTMENT,
       OPP: OM VEGETARIAN HOTEL
       KESHWAPUR, HUBBALLI



                                                   ...RESPONDENT

(BY SRI.MAHESH WODEYAR.,ADVOCATE)

        THIS RPFC FILED UNDER SEC.19(4) OF THE FAMILY COURT
ACT,    1984,   AGAINST   THE    JUDGMENT    AND   ORDER   DATED
05.04.2021, IN CRL.MISC. NO.53/2019, ON THE FILE OF THE I
ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, HUBBALLI, PARTLY
ALLOWING THE PETITION FILED UNDER SEC.125 OF CR.P.C.
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                                        RPFC No. 100003 of 2022


         THIS PETITION COMING ON FOR ADMISSION THIS DAY. THE
COURT MADE THE FOLLOWING.

                              ORDER

This Revision Petition is filed by the respondent-husband

in Crl.Misc.No.53/2019 on the file of the Prl. Judge, Family

Court, Hubballi, challenging the order dated 5/4/2021,

allowing the petition in part.

2. For the sake of convenience, the parties to this revision

petition are referred to with their rank before the Family

Court.

3. It is the case of the petitioner-wife that she got

married the respondent-husband on 25/11/2017 at Gujarath

Bahavan, Hubballi. Due to rift in the family on account of the

demand made by the respondent-husband and his family

members for dowry, she was forced to leave the matrimonial

home and residing with parents. Having find difficulty in

maintaining herself, she filed Crl.Misc.No.53/2019 before the

Family Court, seeking maintenance.

4. On service of notice, respondent-husband entered

appearance and filed detailed objections denying the

RPFC No. 100003 of 2022

averments made in the petition. In order to prove their case,

the petitioner got examined as PW.1 and produced three

documents and the same were marked as Ex.P.1 to Ex.P.3.

No evidence adduced on the part of the respondent. The

Family Court, after considering the material on record, by

order dated 5/4/2021, allowed the petition in part and

directed the respondent to pay maintenance of Rs.10,000/-

per month. Feeling aggrieved by the same, the respondent-

husband has preferred this petition.

5. Smt.Smita B.H., learned counsel representing on behalf

of Sri.R.H.Angadi, learned counsel appearing for the

petitioner contended that, due to COIVD situation,

respondent-husband was not able to travel from Andra

Pradesh to Hubballi to lead evidence and opportunity to

adduce evidence was not provided to him. Accordingly, she

argued that the Revision Petition requires interference by this

Court.

6. Per contra, Sri.Mahesh Wodeyar, learned counsel

appearing for the respondent submits that the petitioner-wife

RPFC No. 100003 of 2022

has produced relevant documents before the Family Court

and based on the same, the impugned order is passed.

Accordingly, he sought for dismissal of the Revision Petition.

7. Having heard the learned counsel appearing for the

parties, it is not in dispute that the petitioner-wife is staying

away from the respondent-husband. The Family Court, after

considering the material on record, arrived at conclusion that

the respondent-husband is having business and also owning

immovable properties and as such directed the respondent to

pay maintenance of Rs.10,000/- per month to the petitioner-

wife. However, perusal of the record would indicate that,

Criminal Miscellaneous was filed in the year 2019 and the

matter was concluded in the year 2021 during the COVID-

2019 pandemic and therefore, I find force in the submissions

made by the learned counsel appearing for the petitioner and

therefore, I am of the view that, an opportunity be provided

to the petitioner herein to adduce evidence in the matter. In

that view of the matter, I pass the following:

RPFC No. 100003 of 2022

ORDER

i) The Revision Petition is allowed in part;

ii) Order dated 5/4/2021 in Crl. Misc. No.53/2019 by the Prl. Judge, Family Court, Hubballi is set aside and the matter is remitted back to the Family Court, Hubballi for fresh consideration, after affording opportunity of hearing to both sides; further the respondent-husband is directed to pay maintenance of Rs.10,000/- per month to the petitioner till the completion of the proceedings before the Family Court;

iii) In order to avoid further delay in the matter, parties are directed to appear before the Family Court, Hubballi on 12/7/2022 without awaiting for notice;

iv) Learned Family Court Judge is directed to dispose of the petition within six months from the date of the receipt of certified copy of this order.

Sd/-

JUDGE

VB/-