Karnataka High Court
Sri. Nanjaiah vs Smt. Gowramma on 16 January, 2024
Author: Hanchate Sanjeevkumar
Bench: Hanchate Sanjeevkumar
-1-
NC: 2024:KHC:2248
RPFC No. 267 of 2023
C/W RPFC No. 174 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 16TH DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR
REV. PETITION FAMILY COURT NO.267 OF 2023
C/W
REV. PETITION FAMILY COURT NO.174 OF 2023
IN RPFC NO.267/2023:
BETWEEN:
SMT. GOWRAMMA
W/O NANJAIAH
AGED ABOUT 47 YEARS
R/AT, BAPUJI CHILDREN HOME
151/F, 3RD STAGE, 4TH CROSS,
GOKULAM MYSURU - 570 002
...PETITIONER
(BY SRI. PRASANNA D P.,ADVOCATE)
AND:
SRI. NANJAIAH
S/O LATE MALLAIAH
AGED ABOUT 57 YEARS
Digitally signed by
RAMYA D R/AT KAGGALA VILLAGE,
Location: HIGH COURT
OF KARNATAKA MALLINATHAPURA POST,
B.G.PURA HOBLI, MALAVALLI TALUK
MANDYA DISTRICT - 571 463.
...RESPONDENT
(BY SMT. NANDINI B FOR
SRI BHARGAVI. G, ADVOCATE)
THIS RPFC IS FILED UNDER SEC.19(40 OF THE FAMILY
COURT ACT., AGAINST THE ORDER DATED 31.08.2021 PASSED
IN CRL.MISC NO.687/2011, ON THE FILE OF PRINCIPAL JUDGE,
-2-
NC: 2024:KHC:2248
RPFC No. 267 of 2023
C/W RPFC No. 174 of 2023
FAMILY COURT, MYSURU., ALLOWING THE PETITION FILED
UNDER SEC.125 OF Cr.P.C FOR MAINTENANCE.
IN RPFC NO.174/2023:
BETWEEN:
SRI. NANJAIAH
S/O LATE MALLAIAH
@ BORALINGAYYA,
AGED ABOUT 57 YEARS
R/AT KAGGALA VILLAGE,
B G PURA HOBLI, MALAVALLI
MANDYA DISTRICT - 571 463
...PETITIONER
(BY SMT. NANDINI B FOR
SRI BHARGAVI. G, ADVOCATE)
AND:
SMT. GOWRAMMA
W/O NANJAIAH
AGED ABOUT 47 YEARS,
R/AT BAPUJI CHILDREN HOME
151/F, 3RD STAGE, 4TH CROSS,
GOKULAM, MYSURU - 570 002
...RESPONDENT
(BY SRI. PRASANNA D P, ADVOCATE)
THIS RPFC IS FILED UNDER SECTION 19(4) OF FAMILY
COURT ACT, AGAINST THE ORDER DATED 31.08.2021 PASSED
IN Crl.Misc.NO.687/2011 ON THE FILE OF THE PRINCIPAL
JUDGE, FAMILY COURT, MYSURU, ALLOWING THE PETITION
FILED UNDER SECTION 125 OF Cr.PC FOR MAINTENANCE.
THESE PETITIONS, COMING ON FOR ADMISSION, THIS
DAY, THE COURT MADE THE FOLLOWING:
-3-
NC: 2024:KHC:2248
RPFC No. 267 of 2023
C/W RPFC No. 174 of 2023
ORDER
RPFC No.267/2023 is filed by the wife seeking
enhancement of the maintenance and RPFC No.174/2023
is filed by the husband challenging the order of
maintenance granted by the Family Court to wife.
2. The relationship of husband and wife in the
petitions is not disputed. The wife has filed a petition
under Section 125 of Cr.P.C. that husband has deserted
her. It is the case of the husband that his wife is leading
an adulterous life, therefore she went outside the house
voluntarily and has submitted that the husband is not
liable to pay maintenance amount. The Family Court has
granted maintenance amount of Rs.6,000/- per month to
the wife and Rs.10,000/- per annum for clothe expenses
from the date of order. The husband filed a petition
questioning grant of maintenance and the wife has filed
the petition for seeking enhancement of maintenance.
3. Learned counsel for the husband submitted that
wife is leading adulterous life with another person and filed
NC: 2024:KHC:2248
certified copy of the complaint and FIR filed before the
Hullahalli Police Station. This complaint and FIR were not
produced before the Family Court. The complaint is dated
24.02.2022 after disposal of the petition before the Family
Court. Therefore, there could not have been occasion for
the husband to produce this documentary evidence before
the Family Court. The complaint before police is given by
the wife against another person namely, Krishna that he
had promised marrying her (petitioner herein), but did not
marry her. Hence, police complaint is lodged. In the
petition before the Family Court the defence of the
husband that wife is leading adulterous life, upon perusing
the cross examination of the wife before the Family Court
suggestions were put that the respondent/wife is leading
adulterous life, but the said suggestions are denied. Now
after disposal of the maintenance before the Family Court,
on 24.02.2022 the wife has lodged the complaint before
the police against one Krishna, which is registered as
Crime No.31/2022 of Hullahalli Police Station, in which the
respondent has stated that she has lived as a live-in
NC: 2024:KHC:2248
relationship together. This complaint and FIR were lodged
after disposal of the petition by the Family Court, but the
counsel for the husband submitted that husband has got
filed such complaint by taking signature of the wife and
the wife did not know the contents therein and denied the
allegations in the complaint. Therefore, there is a dispute
regarding allegation of leading adulterous life by wife,
ground raised by the husband. Therefore, this cannot be
adjudicated in this revision petition and for proving this
ground taken by the husband, the matter is remitted to
the Family Court by setting aside the impugned order.
Hence, the petition filed by the husband is liable to be
allowed.
4. For the reasons stated above, I proceed to pass
the following:
ORDER
(i) The petition filed by the husband in
RPFC No.174/2023, is allowed.
NC: 2024:KHC:2248
(ii) The petition filed by the wife in RPFC
No.267/2023 is disposed of.
(iii) The judgment dated 31.08.2021 passed
in Crl.Misc.687/2011 by the Prl. Judge,
Family Court, Mysuru, is set aside and
the matter is remitted to the
jurisdictional Family Court for fresh
disposal.
(iv) All the contentions of both parties are
left open.
(v) Both the parties are at liberty to
produce the oral and documentary
evidence in addition to what has been
already lead.
(vi) The Family Court is directed to dispose
of the petition within a period of six (6)
months from the date of receipt of
certified copy of the order.
(vii) The interim relief granted by this Court
in RPFC No.174/2023 directing the
NC: 2024:KHC:2248
husband to pay Rs.3,000/- per month
to the wife, shall continue till the
disposal of petition before the Family
Court.
Sd/-
JUDGE
DR
