Karnataka High Court
Raghavendra S/O Mudukappa ... vs Shruti W/O Raghavendra Avaradi on 11 January, 2023
Bench: C.M. Poonacha
1
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 11TH DAY OF JANUARY, 2023
BEFORE
THE HON'BLE MR.JUSTICE C.M.POONACHA
RPFC No.200041/2022
Between:
Raghavendra S/o: Mudukappa Avaradi,
Age: 31 years, Occ: Police Constable (CAR),
R/o: Venkatapur Village,
Tq & Dist: Dharwad-580011.
....Petitioner
(By Sri.R.S.Lagali, Advocate)
And:
Smt.Shruti W/o: Raghavendra Avaradi,
Age: 23 Years, Occ: Student & Household work,
R/o: Muttagi Village, Tq: Basavana Bagewadi,
Dist: Vijayapura-586203.
Now C/o: Smt. Ambika Dilip Narasale,
Kumbar Galli, Behind SP Office,
Vijayapura-586102.
...Respondent
(By Sri.Sachin M.Mahajan, Advocate)
This Petition is filed under Section 19(4) of Family
Courts Act, praying to allow the revision petition and
thereby set aside the judgment and order dated
14.01.2022 in Crl.Misc.No.287/2021 passed by the
Principal Judge, Family Court, Vijayapura granting
maintenance and dismiss the maintenance petition
filed by the respondent.
2
This petition is coming on for Admission this day,
Court made the following:
ORDER
Heard the learned counsel for petitioner and
respondent.
2. The present petition is filed seeking the
following relief;
"This Court may be pleased to allow the
revision petition and thereby set aside the
judgment and order dated 14.01.2022 in
Crl.Misc.No.287/2021 passed by the Principal
Judge, Family Court, Vijayapura granting
maintenance and dismiss the maintenance
petition filed by the respondent in the interest of
justice.
3. It is forthcoming from the records that
respondent has preferred petition in
Crl.Misc.No.287/2021 before the Principal Judge,
Family Court, Vijayapura seeking for maintenance.
The Family Court vide order dated 14.01.2022 allowed
the petition in part and directed the petitioner herein
who was arrayed as respondent in the said
proceedings to pay maintenance of Rs.15,000/- per
month within 60 days and to pay maintenance by 10 th
of every month till re-marriage of respondent and in
the event of failure to pay interest @ 9% p.a. Being
aggrieved, the present petition is filed.
4. It is the contention of petitioner that he did
not have an opportunity to contest the proceedings
before the Family Court and notice issued was
returned with an endorsement as "not claimed" and
hence the petitioner was placed ex-parte before the
Family Court. The petitioner further contends that he
was not aware of the pendency of petition against him
and he learnt of the same only when he received
notice for payment pursuant to the order dated
14.01.2022. The petitioner further denies the
relationship between himself and respondent and
submits that he married to one Smt.Shilpa and their
marriage is subsisting and they have two children
from the said marriage. It is further contended that if
the petitioner had an opportunity to contest the
proceedings before the Family Court, all the material
in this regard would have been produced before the
Family Court. Hence, he seeks for setting aside the
order dated 14.01.2022 and remanding the matter to
the Family Court for fresh adjudication, after giving an
opportunity to contest the same.
5. Learned counsel for respondent vehemently
objects for grant of any relief in the petition filed by
the petitioner and submits that the present petition is
filed only to drag on the proceedings and to delay
payment of maintenance amount to the respondent.
6. I have considered the submission made by
both learned counsel and perused the material on
record. The question that arise for consideration is;
"Whether the order dated 14.01.2022
passed by the Principal Judge, Family Court
in Crl.Misc.No.287/2021 is liable to be
interfered with?"
7. It is clear and forthcoming that petitioner
disputes the relationship between himself and the
respondent. It is also forthcoming that the petitioner
did not have an opportunity to contest the
proceedings before the Family Court. Although the
notice issued by the Family Court having been duly
served by the petitioner, it is clear that he did not
enter appearance and contest the proceedings on its
merits. Hence, it is expedient that the petitioner be
granted an opportunity to contest the claim by the
respondent on merits. However, having regard to the
fact that the order passed by the Family Court is
required to be set aside for the purpose of remanding
the matter, it is necessary that petitioner be put on
terms. It is noticed that arrears of maintenance
amount liable to be paid by the petitioner in terms of
the order impugned in the present petition the amount
is Rs.2,70,000/-. Hence, it is necessary to direct the
petitioner to deposit certain amount pending
adjudication of the proceedings before the Family
Court. Hence, the question framed for consideration is
answered in the affirmative.
8. In view of the aforementioned, I pass the
following;
ORDER
(a) The petition is allowed.
(b) The order dated 14.01.2022 passed in
Crl.Misc.No.287/2021 passed by the Principal
Judge, Family Court, Vijayapura is set aside.
(c) The petitioner shall deposit a sum of
Rs.1,50,000/- before the Principal Judge,
Family Court, Vijayapura on or before
08.02.2023.
(d) Both the parties shall appear before the
Family Court on 08.02.2023 without necessity
of any fresh notice being issued in this regard.
(e) The petitioner herein who is arrayed as
respondent in Crl.Misc.No.287/2021 shall file
his objections to the petition on the said date
i.e. 08.02.2023.
(f) Pursuant to the parties entering appearance
before the Family Court on 08.02.2023 and
petitioner complying the stipulation as
ordered above, the Principal Judge, Family
Court, Vijayapura shall proceed further in
accordance with law as expeditiously as
possible and both parties shall co-operate
with the Family Court for speedy disposal of
the matter.
(g) The sum of Rs.1,50,000/- deposited by the
petitioner as ordered shall be kept in fixed
deposit in any nationalized bank for a
minimum period with automatic renewal and
shall be subject to the further orders that may
be passed by the Family Court in
Crl.Misc.No.287/2021.
(h) All the contentions of parties are kept open.
(i) In view of disposal of petition, IA.No.2/2022
does not survive for consideration.
SD/-
JUDGE
msr
