Raju vs Smt. Kamala And Anr
2024 Latest Caselaw 485 Kant

Karnataka High Court

Raju vs Smt. Kamala And Anr on 5 January, 2024

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                                                     NC: 2024:KHC-K:223
                                                    RPFC No. 200046 of 2018




                             IN THE HIGH COURT OF KARNATAKA,

                                     KALABURAGI BENCH

                          DATED THIS THE 5TH DAY OF JANUARY, 2024

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

                          REV.PET FAMILY COURT NO.200046 OF 2018

                   BETWEEN:

                   RAJU S/O KALAPPA WATHAR,
                   AGE: 52 YEARS, OCC: CHIEF OFFICER,
                   R/O C.M.C., CHIKKA BALLAPUR.

                                                               ...PETITIONER
                   (BY SRI. SHIVASHANKAR H. MANUR, ADVOCATE)

                   AND:

                   1.   SMT. KAMALA W/O RAJU WATHAR,
                        AGE: 47 YEARS, OCC: HOUSEHOLD WORK,

                   2.   KUMARI RAMYA D/O RAJU WATHAR,
                        AGE: 11 YEARS, OCC: STUDENT,
Digitally signed        SINCE MINOR R/BY HER
by SACHIN
                        M/G MOTHER - RESPONDENT NO.1.
Location: HIGH
COURT OF
KARNATAKA               BOTH ARE R/O GULSHAN-E-RAFAI NAGAR,
                        JAMKHANDI ROAD, VIJAYAPUR-586 101.

                                                            ...RESPONDENTS

                   (V/O DTD. 31.10.2023, NOTICE TO R1 IS HELD SUFFICIENT)

                        THIS RPFC IS FILED UNDER SECTION 19(4) OF THE
                   FAMILY COURTS ACT, PRAYING TO SET ASIDE THE JUDGMENT
                   AND ORDER DATED 21.07.2017 PASSED BY THE PRL. JUDGE,
                   FAMILY COURT, VIJAYAPUR IN CRL. MISC. NO.429/2013
                   THEREBY ALLOW THIS REVISION PETITION.
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                                         NC: 2024:KHC-K:223
                                         RPFC No. 200046 of 2018




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

                             ORDER

Heard the learned counsel appearing for the

petitioner.

2. In this petition, petitioner is assailing the order

dated 21.07.2017 in Criminal Misc. No.429/2013 on the

file of Principal Judge, Family Court, Vijayapura, granting

maintenance of Rs.6,000/- per month to respondent No.2

- daughter.

3. Having taken note of the factual aspects on

record that respondents herein have filed Criminal Misc.

No.429/2013 before the Family Court, seeking

maintenance from the petitioner herein and though the

learned counsel appearing for the petitioner urged with

regard to questioning the paternity of the child, same

cannot be considered in an application under Section 125

of Cr.P.C. Taking into account the finding recorded by the

Family Court, I am of the view that the grant of

maintenance of Rs.6,000/- per month to respondent No.2

NC: 2024:KHC-K:223

is just and proper, which does not call for any interference

in this petition. Accordingly, the petition is dismissed.

In view of dismissal of the petition, I.A.2/2018 for

stay does not survive for consideration and is accordingly

dismissed.

Sd/-

JUDGE

LG