Karnataka High Court
Gouri @ Gouramma And Anr vs Mallikarjun @ Mallinath on 7 February, 2024
-1-
NC: 2024:KHC-K:1355
RPFC No. 200131 of 2023
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 7TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR. JUSTICE E.S.INDIRESH
REV.PET FAMILY COURT NO. 200131 OF 2023
BETWEEN:
1. GOURI @ GOURAMMA
W/O MALLIKARJUN @ MALLINATH,
AGE: 25 YEARS,
OCC: HOUSEHOLD,
2. ANVITA
D/O MALLIKARJUN @ MALLINATH,
AGE: 7 YEARS,
MINOR U/G OF HER NATURAL MOTHER
GOURI @ GOURAMMA W/O MALLIKARJUN
@ MALLINATH,
(WHO IS THE PETITIONER NO. 1 IN THE ABOVE
CASE)
Digitally
signed by BOTH R/O HOUSE NO. 9-480/4/1/43,
SACHIN
Location:
SHEIKH ROZA FILTER BED ROAD,
HIGH COURT KALABURAGI NOW RESIDING AT
OF
KARNATAKA REVANSIDDESHWAR COLONY,
HUMNABAD ROAD, KALABURAGI-585104.
...PETITIONERS
(BY SRI. SHIVAKUMAR PATIL, ADVOCATE)
AND:
MALLIKARJUN @ MALLINATH
S/O CHINNANNA GOUDA PATIL,
AGE: 30 YEARS,
-2-
NC: 2024:KHC-K:1355
RPFC No. 200131 of 2023
OCC:AGRICULTURE,
R/O DIGGAON,
TQ:CHITTAPUR-585211,
DIST: KALABURAGI.
...RESPONDENT
(NOTICE TO RESPONDENTBY SRI. ,ADVOCATE)
THIS RPFC IS FILED UNDER SECTION 19(4) OF THE
FAMILY COURTS ACT, PRAYING TO SET ASIDE THE JUDGMENT
01.08.2023 PASSED BY THE PRL. JUDGE, FAMILY COURT,
KALABURAGI, IN CRL. MISC. NO. 104/2023, AND MODIFY THE
JUDGMENT BY AWARDING THE MAINTENANCE AMOUNT TO
THE PETITIONERS AND ALLOW THE PETITION IN THE
INTEREST OF JUSTICE AND EQUITY.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
Heard learned counsel appearing for the petitioner.
Respondent served remained absent.
2. This Revision petition is filed by the petitioners
in Crl.Misc.No.104 of 2021 on the file of Principal Judge
Family Court at Kalaburagi challenging order dated
01.08.2021, dismissing the petition, filed for seeking
maintenance.
NC: 2024:KHC-K:1355
3. Undisputed facts are that, marriage between
the petitioner No.1 with the respondent was solemnized on
20.04.2016 and in their wedlock, petitioner No.2 is born.
Due to family rift, parties are residing separately. Since
the petitioner No.1-wife is having no source of income to
maintain herself and to take care of the child, has filed
Crl.Misc.No.104 of 2013 seeking maintenance.
4. Taking into account the finding recorded by the
Family Court and considering the fact that, the petitioner
No.1 is running Gouri Hotel and Khanavali, at Kapnoor
Kalaburagi, the Family Court has arrived at a conclusion
that, petitioner No.1 is having income to maintainer
herself. However, the Family Court has not given finding
with regard to maintenance to be awarded in favour of the
petitioner No.2-child. In that view of the matter, I am of
the opinion that, the finding recorded by the Family Court
with regard to the petitioner No.1 be accepted. However,
the matter is remanded to the Family Court to re-consider
NC: 2024:KHC-K:1355
the issue relating to the award of maintenance in respect
of petitioner No.2. Hence, the following:
ORDER
i) Revision petition is allowed in part;
ii) Order dated 01.08.2023 in Crl.Misc.No.104 of
2021 on the file of Principal Judge Family Court
at Kalaburagi dismissing the petition filed by the
petitioners, without giving finding with respect to
petitioner No.2 is set aside and the matter is
remanded to the Family Court for fresh disposal
to consider the case for awarding maintenance in
respect of the petitioner No.2.
iii) The Family Court shall pass appropriate
orders after issuing notice to the parties as the
respondent herein remained absent.
Sd/-
JUDGE
SB
