Vithal S/O Basanna Hadapad vs Eramma @ Kavita W/O Vithal Hadpad And Anr
2024 Latest Caselaw 961 Kant

Karnataka High Court

Vithal S/O Basanna Hadapad vs Eramma @ Kavita W/O Vithal Hadpad And Anr on 10 January, 2024

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                                                NC: 2024:KHC-K:452
                                               RPFC No. 200059 of 2022




                        IN THE HIGH COURT OF KARNATAKA,

                                KALABURAGI BENCH

                    DATED THIS THE 10TH DAY OF JANUARY, 2024

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


                    REV.PET FAMILY COURT NO. 200059 OF 2022
             BETWEEN:

                  VITHAL S/O BASANNA HADAPAD,
                  AGE : 47 YEARS, OCC. BUSINESS (OPTICAL SHOP),
                  R/O JYOTI OPTICALS, NEAR SBI,
                  OPP. GOVT HIGH SCHOOL, CHITTAPUR,
                  DIST. KALABURAGI - 585 211.

                                                           ...PETITIONER
             (BY SRI. GOPALKRISHNA B.YADAV, ADVOCATE)
             AND:

             1.   ERAMMA @ KAVITA W/O VITHAL HADPAD,
                  AGE : 43 YEARS, OCC. HOUSEHOLD,
                  R/O H. NO.1-891/90/123, "SRI MAILAR NIVAS",
Digitally
signed by         SANTOSH COLONY, UDNOOR ROAD,
SACHIN
Location:
                  KALABURAGI - 585 101.
HIGH COURT
OF
KARNATAKA    2.   KUM. ANANTYA D/O VITHAL HADPAD,
                  AGE : 8 YEARS, MINOR, U/G OF NATURAL
                  MOTHER - RESPONDENT NO.1.

                                                         ...RESPONDENTS
             (BY SRI. SUDHEER KULKARNI, ADVOCATE)
                  THIS RPFC IS FILED U/S. 19(4) OF THE FAMILY COURTS
             ACT, PRAYING TO ALLOW THE REVISION PETITION BY
             SETTING ASIDE JUDGMENT AND ORDER DATED 29.03.2022
             PASSED BY THE PRL. JUDGE, FAMILY COURT AT KALABURAGI
             IN CRL. MISC. NO.36/2020 AND CONSEQUENTLY DISMISS
             THE PETITION OR REMAND THE MATTER FILED BY
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                                     NC: 2024:KHC-K:452
                                    RPFC No. 200059 of 2022




RESPONDENTS HEREIN, 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 29.03.2022 in Crl.Misc.No.36/2022 on the file of

Principal Judge, Family Court at Kalabluargi.

3. It is the contention of the petitioner herein that

the he has been placed exparte and fair opportunity has

not been extended to the petitioner.

4. Having taken note of the submission made by

the learned counsel appearing for the petitioner and the

finding recorded by the Family Court would indicate that

the notice issued by the Family Court has been served to

the petitioner herein, however he fails to appear before

the Court below.

5. Perusal of the finding recorded by the Family

Court would indicate that there is no dispute with regard

NC: 2024:KHC-K:452

to the marriage solemnized between the petitioner with

respondent No.1 herein. In their wedlock, a female child is

born - respondent no.2.

6. Perusal of the finding recorded by the Family

Court would indicate that the petitioner is running a optical

shop in the name of 'Jyothi Opticals' and the said aspect

has not been countered, as the petitioner herein has not

appeared before the Court. In that view of the matter,

taking into account the destitute life of the respondents

herein, I am of the view that the award of maintenance by

the Family Court is just and proper and it does not call for

interference. Accordingly, the petition is dismissed.

7. Liberty is granted to the petitioner to deposit

the amount.

Sd/-

JUDGE

SN