Karnataka High Court
Shri Santosh S/O Rama Lokapure vs Smt Mala W/O Santosh Lokapure on 9 January, 2025
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NC: 2025:KHC-D:366
RPFC No. 100054 of 2024
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 9TH DAY OF JANUARY, 2025
BEFORE
THE HON'BLE MR. JUSTICE E.S.INDIRESH
REV.PET FAMILY COURT NO. 100054 OF 2024 (-)
BETWEEN:
SHRI. SANTOSH
S/O. RAMA LOKAPURE,
AGE: 48 YEARS,
OCC. GOVT. SERVICE,
R/O: H.NO. 16, DHAVALI MARGOAN,
SOUTH GOA - 403601.
...PETITIONER
(BY SRI. B. M. PATIL, ADVOCATE)
AND:
1. SMT. MALA
W/O. SANTOSH LOKAPURE,
AGE: 31 YEARS, OCC: HOUSEWIFE,
2. KUMARI KHUSHI
D/O. SANTOSH LOKAPURE,
VN AGE: 11 YEARS, OCC: STUDENT,
BADIGER
3. KUMAR SAI S/O. SANTOSH LOKAPURE,
Digitally signed AGE: 9 YEARS, OCC: STUDENT,
by V N BADIGER
Date: 2025.01.10 (SINCE R2 AND R3 ARE MINORS
16:38:45 +0530 R/BY THEIR NEXT FRINED/NATURAL
MOTHER GUARDIAN, THE R1)
ALL ARE R/O CTS.NO.3893
2ND FLOOR, KAKARIVES ROAD,
BELAGAVI - 590001.
...RESPONDENTS
(BY SRI. S. G. KULKARNI AND SRI. V. E. JAVALKAR, ADVOCATES)
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NC: 2025:KHC-D:366
RPFC No. 100054 of 2024
THIS RPFC FILED UNDER SEC.19(4) OF THE FAMILY COURT
ACT, 1984, PRAYING TO ALLOW THE REVISION PETITION SET ASIDE
THE ORDER DATED 03.02.2024 IN CRL.MISC.NO.64/2021 PASSED
BY THE I ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, BELAGAVI
IN THE INTEREST OF JUSTICE AND EQUITY.
THIS PETITION COMING ON FOR ADMISSION THIS DAY, THE
COURT MADE THE FOLLOWING:
CORAM: THE HON'BLE MR. JUSTICE E.S.INDIRESH
ORAL ORDER
This petition is filed by respondent-husband against
judgment and decree passed in Criminal Miscellaneous
No.64/2021 on the file of I Additional Principal Judge, Family
Court, Belagavi, (for short hereinafter referred to as 'Family
Court'), awarding maintenance to the petitioners herein.
2. For the sake of convenience, the parties are
referred to as per their ranking before the Family Court.
3. It is the case of the petitioners in Criminal
Miscellaneous No.64/2021 that the marriage between the
petitioner No.1 with the respondent was solemnized and in
their wedlock two children were born i.e., petitioner Nos.2 and
3. It is the case of the petitioners that the respondent being
adamant and stubborn person and was not taking care of the
family and as such the respondent has neglected the
petitioners resulting in the petitioners having left matrimonial
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home and to take shelter in parental home of the petitioner
No.1. It is the case of the petitioner that the respondent-
husband is working as carpenter in the Government of Goa and
has not taking care of the family and as such the petitioners
have filed Criminal Miscellaneous No.64/2021 seeking
maintenance from the respondent.
4. On service of notice, the respondent entered
appearance and filed detailed objections admitting the
relationship between the petitioners as well as an employee of
the Government of Goa. It is the specific contention of the
respondent that the petitioner No.1 was adamant and was not
showing any interest in the family and as such the petitioner
No.1 along with two children left the matrimonial home without
cause and as such sought for dismissal of the petition.
5. The Family Court after considering the material on
record by its order dated 03.02.2024, allowed the petition in
part and awarded a maintenance of Rs.12,000/- per month to
the petitioner No.1 and Rs.8,000/- per month each to the
children i.e., petitioner Nos.2 and 3. Being aggrieved by the
same, the respondent-husband has preferred this petition.
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6. Heard Sri. B.M. Patil, learned counsel appearing for
the petitioner and Sri. S.G. Kulkarni, learned counsel appearing
for the respondent.
7. Sri. B.M. Patil, learned counsel appearing for the
petitioner contended that the finding recorded by the Family
Court quantifying the maintenance is without any basis and
that apart the petitioner is drawing net salary of Rs.37,731/-
per month and has to take care of his sister in the family and
therefore, submitted that interference is called for in this
petition. It is also submitted by learned counsel appearing for
the petitioner that, no opportunity was extended to the
respondent to cross examine the PW1, resulting in miscarriage
of justice and accordingly, sought for interference by this Court.
8. Per contra, Sri. S. G. Kulkarni, learned counsel
appearing for the respondent sought to justify the said order
and submitted that though ample opportunity was extended to
the petitioner herein to cross examine the PW1, however the
petitioner herein failed to cross examine the PW1. It is also the
contention of the learned counsel appearing for the respondent
by referring to Ex.P.9 that the petitioner No.1 is suffering from
breast cancer and therefore entitled huge amount for recovery
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from the said ill-health and therefore sought for dismissal of
the petition.
9. In the light of the submission made by the learned
counsel appearing for the parties, it is not in dispute with
regard to the relationship between the parties and also the
petitioner herein is working as carpenter in the Government of
Goa. On perusal of the finding recorded by the Family Court,
would indicate that the petitioners and the respondent are
residing separately. On perusal of the finding recorded by the
Family Court at paragraph No.13 would indicate that the
petitioner No.1 is suffering from Breast Cancer and further the
petitioner No.2 aged about 08 years is suffering from Chronic
Epilepsy, so also petitioner No.3 is suffering from Chronic
Migrane Headache.
10. Though the learned counsel for the petitioner
submitted that the opportunity be extended to the petitioner to
cross examine the PW1 however, taking into consideration the
fact that the petitioner herein is working in the Department of
Agriculture as a Carpenter at the Government of Goa and
further, the PW1 is having serious ill-health issue, I am of the
opinion that the maintenance awarded by the Family Court is
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just and proper by looking into the documents on record and
therefore, no interference is called for in this petition.
Accordingly, petition is dismissed.
Sd/-
(E.S.INDIRESH)
JUDGE
SMM
CT:ANB
