Shivaraj vs Gouramma @ Gouri And Anr
2024 Latest Caselaw 1095 Kant

Karnataka High Court

Shivaraj vs Gouramma @ Gouri And Anr on 11 January, 2024

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                                             NC: 2024:KHC-K:506
                                             RPFC No. 200062 of 2023




                       IN THE HIGH COURT OF KARNATAKA,
                              KALABURAGI BENCH
                   DATED THIS THE 11TH DAY OF JANUARY, 2024
                                    BEFORE
                     THE HON'BLE MR. JUSTICE E.S.INDIRESH
                   REV.PET FAMILY COURT NO. 200062 OF 2023
            BETWEEN:

            SHIVARAJ
            S/O SADASHI CHAVARE,
            AGE: 31 YEARS,
            OCC: AGRIL. AND DRIVER,
            RESIDENT OF VARATTI COLONI,
            HIPPARGI, TALUK RABKAVI BANHATTI,
            DISTRICT BAGALKOT-587101.
                                                         ...PETITIONER

            (BY SRI. SANGANABASAVA B PATIL,ADVOCATE)

            AND:

            1.   GOURAMMA
                 @ GOURI W/O SHIVARAJ CHAVARE,
                 AGE: 30 YEARS,
Digitally        OCC: STUDENT AND HOUSEHOLD WORK,
signed by
SACHIN           R/O OF SAI PARK NEAR YALLAVVA TEMPLE,
Location:
HIGH             VIJAYAPURA 586101.
COURT OF
KARNATAKA
            2.   NAMRATA
                 D/O SHIVARAJ CHAVARE,
                 AGE: 5 YEARS, OCC:NIL,
                 SINCE PETITIONER NO. 2 IS MINOR,
                 R/BY NATURAL MOTHER PETITIONER NO.1.
                                                    ...RESPONDENTS

            (BY SRI.SHIVASHANKAR H MANNUR , ADVOCATE)

                   THIS RPFC IS FILED UNDER SECTION 19(4) OF THE
            FAMILY COURTS ACT, PRAYING TO THIS HONOURABLE COURT
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                                           NC: 2024:KHC-K:506
                                          RPFC No. 200062 of 2023




TO CALL FOR THE RECORDS. AND SET ASIDE THE IMPUGNED
JUDGMENT           AND      ORDER        DATED       24.01.2023     IN
CRL.MISC.NO.385/2022          PASSED      BY   THE    JUDGE,   FAMILY
COURT       AT    VIJAYAPUR   BY    ALLOWING     THE    ABOVE     SAID
REVISION PETITION FILED BY THE PETITIONER IN THE
INTEREST OF JUSTICE AND EQUITY.

       THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:

                                ORDER

This petition is filed by the respondent in

Crl.Misc.No.385 of 2022 on the file of Principal Judge

Family Court, Vijayapura, granting maintenance to the

respondents.

2. Heard the learned counsel appearing for the

parties.

3. Having taken note of the submission made

by the learned counsel appearing for the petitioner,

and the finding recorded by the Family Court would

indicate that, the marriage of the petitioner herein

with the respondent No.1 was solemnized on

NC: 2024:KHC-K:506

19.02.2017 and in their wedlock respondent No.2 is

born.

3. Perusal of the finding recorded by the Family

Court would indicate that, parties are residing

seperately. In view of the finding recorded by the

Family Court at paragraph 10 of the impugned order,

with regard to Exs.P7 and P8 (RTC Extracts), and as

the petitioner herein has not countered the said

documents and therefore, I am of the opinion that,

the maintenance granted by the Family Court is just

and proper and does not call for interference in this

petition. Accordingly, the revision petition is

dismissed.

Sd/-

JUDGE SB