Karnataka High Court
Sri. Lalsab S/O Peersab Mulla vs Smt. Shaheen And Anr on 8 January, 2024
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NC: 2024:KHC-K:376
RPFC No. 200038 of 2020
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 8TH DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MR. JUSTICE E.S.INDIRESH
REV.PET FAMILY COURT NO. 200038 OF 2020
BETWEEN:
SRI. LALSAB S/O PEERSAB MULLA,
AGED ABOUT: 39 YEARS,
OCC: FURNITURE CONTRACTOR,
R/O: LAXMI KAMAL PARK, SY. NO. 180,
PURASANGI POWER HOUSE,
HADAPSAR, FLAT NO. 24,
PUNE-28, MAHARASHTRA STATE.
...PETITIONER
(BY SRI. S S MAMADAPUR,ADVOCATE)
AND:
1. SMT. SHAHEEN W/O LALSAB MULLA,
Digitally signed AGED ABOUT: 33 YEARS,
by SACHIN
Location: HIGH OCC: HOUSEHOLD WORK.
COURT OF
KARNATAKA
2. ZIKRA D/O LALSAB MULLA,
AGED ABOUT: 4 YEARS, OCC: NIL,
SINCE MINOR, REP. BY HER NATURAL MOTHER
THE 1ST RESPONDENT,
BOTH ARE R/O: GULAMDASTAGIR CHANEGAON,
IBRAHIM NAGAR, NAVADAGI GARDEN, NEAR
IBRAHIMROZA, VIJAYAPURA-586101.
...RESPONDENTS
(BY SRI.G.G.CHAGASHETTI , ADVOCATE
R2 IS MINOR R/P BY R1)
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RPFC No. 200038 of 2020
THIS RPFC FILED UNDER SECTION 19(4) OF THE FAMILY
COURT ACT, PRAYING TO SET ASIDE THE JUDGMENT DATED
23-06-2020 PASSED BY THE LEARNED I ADDL.PRINCIPAL
JUDGE, FAMILY COURT, VIJAYAPURA IN CRL.MISC.596/2019 IN
THE INTEREST OF JUSTICE AND EQUITY.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
Heard the learned counsel appearing for the parties.
2. In this petition, the petitioner is assailing order
dated 23.06.2020 in Crl.Misc.No.596 of 2019 on the file of
I Additional Principal Judge, Vijayapura, granting
maintenance to the respondents herein.
3. I have heard Sri S.S.Mamadapur, learned
counsel appearing for the petitioner and Sri
G.G.Chagashetti, learned counsel appearing for the
respondents.
4. Sri S.S.Mamadapur, learned counsel appearing
for the petitioner submitted that, there is procedure lapse
and irregularity in recording the evidence by the Family
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Court by accepting the affidavit evidence from the parties
and accordingly, sought for interference of this court.
5. Per contra, Sri G.G.Chagashetti, learned
counsel appearing for the respondents submitted that,
even if there is procedural irregularity is being done,
however, in the summary proceedings, same cannot be a
ground to set aside the impugned order passed by the
Family Court.
6. In the light of the arguments advanced by the
learned counsel appearing for the parties, it is not dispute
with regard to relationship between the parties as the
marriage between the petitioner and respondent Nos.1 is
solemnized on 29.08.2016 and in their wedlock
respondent No.2 is born.
7. Perusal of the finding recorded by the Family
Court would indicate that the respondent No.1 is the 2nd
wife to the petitioner and first wife of the petitioner is no
more. In the said wedlock a child is born to the first wife of
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the petitioner. In that view of the matter, taking into
consideration that the proceedings under Section 125 of
Cr.P.C is a summary proceedings and therefore, the
Family Court ought not to have received the affidavit filed
by the parties during the enquiry. In that view of the
matter, I am of the opinion that, the petitioner has made
out a case for interference and accordingly, it is fit case to
remand the matter to the Family Court for fresh
consideration to follow the procedure contemplated under
law.
8. It is needless to say that the respondents
herein are residing separately from the petitioner-husband
and therefore without interfering with the award of
maintenance granted by the Family Court, I am of the
opinion that, respondents 1 and 2 are entitled for
maintenance at Rs.10,000/- per month and Rs.5,000/- per
month, respectively from the petitioner herein till the
conclusion of the proceedings before the Family Court as a
interim measure. It is made clear that, the petitioner shall
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pay the entire arrears of the maintenance amount
periodically, without fail. In the result, order dated
23.06.2020 in Crl.Misc.No.596 of 2019 on the file of I
Additional Family Court, Vijayapur, is set aside and matter
is remitted to the Family Court for fresh consideration. As
the parties are presented through their counsel and to
avoid further delay in the matter, the parties are directed
to appear before the Family Court on 31.01.2024 at 11 am
without waiting for further notice in this regard.
Accordingly, the Revision petition is allowed.
Sd/-
JUDGE
SB
