Md.Shahid vs Zohara Fathima And Anr
2024 Latest Caselaw 227 Kant

Karnataka High Court

Md.Shahid vs Zohara Fathima And Anr on 3 January, 2024

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                                                      NC: 2024:KHC-K:85
                                                    RPFC No. 200044 of 2019




                             IN THE HIGH COURT OF KARNATAKA,

                                     KALABURAGI BENCH

                          DATED THIS THE 3RD DAY OF JANUARY, 2024

                                           BEFORE
                            THE HON'BLE MR JUSTICE E.S.INDIRESH


                          REV.PET FAMILY COURT NO. 200044 OF 2019
                   BETWEEN:

                   MD.SHAHID S/O ADBUL GANI, KHAJI,
                   AGED ABOUT 32 YEARS, OCC:BUSINESS,
                   R/O MARUTHI NAGAR,
                   HUBBALI, DIST.DHARWAD.

                                                               ...PETITIONER
                   (BY SRI. HEMA L.KULAKARNI, ADVOCATE)

                   AND:

                   1.   ZOHARA FATHIMA W/O MD.SHAHID KHAJI,
                        AGED ABOUT 29 YEARS, OCC:HOUSEHOLD,
                        R/O MARUTHI NAGAR, HUBLI, NOW RESIDING AT
                        H.NO.5-408-49/3, QAMAR COLONY, ROZA-B,
Digitally signed
by SACHIN               KALBURAGI-585102.
Location: HIGH
COURT OF
KARNATAKA          2.   MOHD. LUQMAN KHAJI S/O MOHD. SHAHID KHAJI,
                        AGED:3 1/2 YEARS (MINOR) U/G OF RESPONDENT
                        No.1
                        BOTH ARE RESIDENT OF H.NO.5-408-49/3,
                        QAMAR COLONY, ROZA-B,
                        KALABURAGI-585102.
                                                            ...RESPONDENTS

                   (BY SRI. PREETAM DEULGAONKAR, ADVOCATE FOR R1;
                   R2 IS MINOR R/BY R1)
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                                        NC: 2024:KHC-K:85
                                      RPFC No. 200044 of 2019




     THIS RPFC IS FILED UNDER SECTION 19(4) OF FAMILY
COURTS ACT, PRAYING TO SET ASIDE THE JUDGMENT DATED
05.01.2019 PASSED BY THE LEARNED DISTRICT JUDGE FAMILY
COURT, KALABURAGI IN CRL.MISC.NO.94/2017.

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

                            ORDER

In this petition, the petitioner is the respondent in

Crl.Misc.No.94 of 2017 on the file of District Judge, Family

Court at Kalaburagi challenging the order dated 05.01.2019,

awarding compensation to the respondents herein.

2. Heard the learned counsel appearing for the

parties.

3. Having heard the learned counsel appearing for

the parties, it is not in dispute with regard to the relationship

between the parties as the marriage between the respondent

No.1 with the petitioner was solemnized on 20.10.2014 at

Hussaini Function Hall, Kalaburagi and in their wedlock,

respondent No.2 is born. It is forthcoming from the petition

that, the petitioner herein has filed OS No.17 of 2016

seeking relief of restitution of conjugal rights against the

NC: 2024:KHC-K:85

respondent No.1 and therefore, it is the contention of the

petitioner that, as he was working as a Electrician and as no

means to pay the maintenance awarded by the Family Court,

has preferred this petition.

4. Having taken note of factual aspects on record

that respondents herein are not residing with the petitioner,

so also the respondents are herein are residents of

Kalaburgai city, I am of the view that, grant of maintenance

of Rs.3,000/- in favour of the respondent No.1 and

Rs.2,000/- towards the respondent No.2 is just and proper

and I do not find any perversity in the order passed by the

Family Court. Accordingly, the petition is dismissed as

devoid of merits.

Sd/-

JUDGE

SB