K. Basavaraj Alias Sollapur Basavaraj vs Smt. Dodda Basamma W/O
2024 Latest Caselaw 15030 Kant

Karnataka High Court

K. Basavaraj Alias Sollapur Basavaraj vs Smt. Dodda Basamma W/O on 28 June, 2024

Author: M.G.S. Kamal

Bench: M.G.S. Kamal

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                                                      NC: 2024:KHC-D:8804
                                                        RPFC No. 100080 of 2021




                      IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

                              DATED THIS THE 28TH DAY OF JUNE, 2024

                                             BEFORE

                              THE HON'BLE MR JUSTICE M.G.S. KAMAL

                            REV.PET FAMILY COURT NO.100080 OF 2021

                   BETWEEN:

                   K. BASAVARAJ @ SOLLAPUR BASAVARAJ
                   S/O. LATE SOLLAPUR MANAIAH,
                   AGED ABOUT 48 YEARS,
                   OCC: NIL (SHOWN AS BUSINESS)
                   CUM AGRICULTURE IN TRIAL COURT)
                   R/O: WARD NO. 17,
                   B. GONAI BALLARI,
                   TALUK AND DISTRICT - 583 101.
                                                                    ...PETITIONER
                   (BY SRI SANTOSH B. MANE, ADVOCATE)


                   AND:

                   SMT. DODDA BASAMMA
                   W/O. K. BASAVARAJ @ SOLLAPUR BASAVARAJ
                   AGED ABOUT 42 YEARS,
Digitally signed
                   SINCECURE, R/O: 6, WARD NO. 22,
by V N
BADIGER
                   NEAR CANAL, KOPPAGAL ROAD,
Location: High     BALLARI - 583 101.
Court of
Karnataka                                                         ...RESPONDENT
                   (NOTICE TO RESPONDE IS HELD SUFFICIENT)


                          THIS RPFC IS FILED UNDER SEC.19(4) OF THE FAMILY
                   COURTS ACT, 1984, PRAYING TO SET ASIDE THE JUDGMENT AND
                   ORDER DATED 03.08.2021 PASSED BY THE LEARNED PRINCIPAL
                   JUDGE FAMILY COURT AT BALLARI IN CRL.MISC.NO. 62/2020 IN THE
                   INTEREST OF JUSTICE AND EQUITY.
                                    -2-
                                         NC: 2024:KHC-D:8804
                                          RPFC No. 100080 of 2021




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

This petition is by the petitioner-husband aggrieved

by the order dated 03.08.2021 passed in Criminal

Miscellaneous No.62/2020 on the file of Principal Judge

Family Court, Ballari by which the Family Court, Ballari

while allowing the petition filed by the respondent-wife in

part directed the petitioner herein to pay a sum of

Rs.5,000/- per month towards her maintenance.

2. Above Criminal Miscellaneous petition filed by

the respondent-wife, contending that; the marriage of the

petitioner with the respondent was solemnized on

30.05.1993. That after the marriage though the marriage

was consummated, there were no children born to the

respondent. That the petitioner at the instigation of his

parents neglected the respondent subjected her to

physical and mental harassment. She was driven out from

the matrimonial home and she has been residing

separately. That the petitioner despite having lands and

NC: 2024:KHC-D:8804

sufficient income from his real estate business, failed and

neglected to provide any maintenance to the respondent-

wife. She contended that the petitioner herein has

conducted the second marriage and he is having grown up

children.

3. The petitioner-husband filed statement of

objection. Though he admitted the marriage denied other

allegations made in the petition. It is contended that soon

after the marriage, the respondent herein refused to stay

with the petitioner and she has been staying separately for

over twenty-seven years. That marriage has not been

consummated and the petitioner has never neglected or

refused to maintain the respondent as alleged. That he is

still ready and willing to take her to in his life.

4. After examination the witnesses, the Family

Court has come to the conclusion that the respondent-wife

has made out ground for maintenance accordingly granted

the relief as mentioned above.

5. Section 125 of Cr.P.C., contemplates summary

inquiry. Marriage of the petitioner with the respondent is

NC: 2024:KHC-D:8804

not in dispute. Though the petitioner has contended that

the respondent-wife has stayed away from him on her

own, the fact that he has contacted second marriage and

having children is not disputed. As rightly taken note of by

the Family Court same would indicate that the respondent

- herein had justifiable reason not to join the company of

the petitioner. The marriage of the petitioner with the

respondent is still subsisting.

6. The facts and the material evidence placed on

record would indicate that the petitioner herein has not

paid any amount to the respondent towards her

maintenance. Though the respondent has approached the

Court at a belated stage, that itself cannot be a reason not

to consider application for grant of maintenance. In the

facts and circumstances of the matter, the Family Court

has granted Rs.5,000/- per month towards maintenance,

and same cannot be found either exorbitant, unreasonable

or unjustified.

7. No grounds made out. Accordingly, petition is

dismissed.

NC: 2024:KHC-D:8804

8. In view of disposal of petition, pending

applications, if any, does not survive for consideration.

SD/-

JUDGE

SMM/CT-ASC