Dr. Rajkumar vs Kumari Araya And Anr
2024 Latest Caselaw 488 Kant

Karnataka High Court

Dr. Rajkumar vs Kumari Araya And Anr on 5 January, 2024

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                                                    NC: 2024:KHC-K:222
                                                    RPFC No. 200043 of 2022




                             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.200043 OF 2022

                   BETWEEN:

                   DR. RAJKUMAR
                   S/O PANDURANG RAO KULKARNI
                   AGE: 43 YEARS, OCC: DENTIST
                   R/O 8-9-265, UDGIR ROAD,
                   GULLAR HAVELI, BIDAR-585 401.

                                                               ...PETITIONER

                   (BY SMT. GEETA ANNARAO SAJJANSHETTY, ADVOCATE)

                   AND:

                   1.   KUMARI ARAYA
                        D/O DR.RAJKUMAR KULKARNI,
Digitally signed        AGE: 13 YEARS,
by SACHIN
Location: HIGH
                        MINOR U/G OF HER NATURAL MOTHER
COURT OF                SMT. VAISHALI
KARNATAKA
                        W/O DR.RAJKUMAR KULKARNI,
                        AGE: MAJOR, OCC: HOUSEHOLD,
                        R/O BIDAR,
                        NOW RESIDING AT AKKALKOT,
                        DIST. SOLAPUR-413 218.

                   2.   SMT. VAISHALI
                        W/O DR.RAJKUMAR KULKARNI,
                        AGE: 41 YEARS, OCC: HOUSEHOLD,
                        R/O BIDAR, NOW RESIDING AT AKKALKOT,
                        POST BADALE, B.K.WAGADAR, AKKALKOT,
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                                   NC: 2024:KHC-K:222
                                  RPFC No. 200043 of 2022




    DIST. SOLAPUR-413 218
    (MAHARASHTRA).

                                           ...RESPONDENTS

(BY SRI. DESHPANDE G.V., ADVOCATE FOR R2;
 R1 IS MINOR REP. BY R2)

     THIS RPFC IS FILED UNDER SECTION 19(4) OF THE
FAMILY COURTS ACT, PRAYING TO SET ASIDE THE JUDGMENT
DATED 08.03.2022 PASSED BY THE FAMILY COURT, BIDAR, IN
CRL. MISC. NO.43/2020, IN THE ALTERNATIVE, REMAND CRL.
MISC. NO.43/2020 FOR ADJUDICATION ON MERITS BEFORE
THE LEARNED JUDGE, FAMILY COURT AT BIJAPUR.

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

                         ORDER

Heard learned counsel appearing for the parties.

2. This petition is filed against the order dated

08.03.2022 in Civil Misc. No.43/2020 on the file of Family

Court, Bidar, granting maintenance of Rs.10,000/- per

month each to the respondents.

3. Perusal of the grounds of petition with the

finding recorded by the Family Court would indicate that

the marriage between the petitioner with respondent No.2

was solemnized on 11.02.2007 and in their wedlock,

respondent No.1 is born. It is also not in dispute that the

NC: 2024:KHC-K:222

respondents are residing separately from the petitioner.

While considering the factual aspects on record that the

parties are also involved in the partition suit in

O.S.No.172/2013 and that apart, as the petitioner herein

is a Dentist and the respondents are residing at Akkalkot

in Solapur District, I am of the view that the grant of

maintenance of Rs.10,000/- per month each to the

respondents 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.1/2023 for

stay does not survive for consideration and is accordingly

dismissed.

Sd/-

JUDGE

LG