Karnataka High Court
Sri Kiran S/O Subhas Chavan vs Sri Subhas S/O Arjunsa Chavan on 21 January, 2025
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RPFC No. 100236 of 2023
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 21ST DAY OF JANUARY, 2025
BEFORE
THE HON'BLE MR. JUSTICE E.S.INDIRESH
REV.PET FAMILY COURT NO. 100236 OF 2023 (-)
BETWEEN:
1. SRI. KIRAN S/O. SUBHAS CHAVAN,
AGE. 34 YEARS,
OCC: JEWELLARY BUSINESS,
RESIDENT OF DATTATREYA COLONY,
SAMPAGE NAGAR ROAD,
NEAR RAJIV NAGAR ROAD,
VIDYANAGARA, HUBBALLI-580031.
2. RAVI S/O. SUBHAS CHAVAN
AGE. 32 YEARS,
OCC: JEWELLARY BUSINESS,
RESIDENT OF DATTATREYA COLONY,
SAMPAGE NAGAR ROAD,
NEAR RAJIV NAGAR ROAD,
VIDYANAGARA, HUBBALLI-580031.
3. PRAKASH S/O. SUBHAS CHAVAN,
MANJANNA
E AGE. 30 YEARS,
OCC: JEWELLARY BUSINESS,
RESIDENT OF DATTATREYA COLONY,
Digitally signed SAMPAGE NAGAR ROAD,
by MANJANNA
E NEAR RAJIV NAGAR ROAD,
Date: VIDYANAGARA, HUBBALLI-580031.
2025.01.24
13:11:12 +0530 ...PETITIONERS
(BY SRI. RAMESH BABU P., ADVOCATE)
AND:
SRI SUBHAS S/O. ARJUNSA CHAVAN,
AGE. 57 YEARS, R/O.C/O.P.A.CHAVAN NO.16A
VINAY COLONY, KESHWAPUR, HUBBALLI-580023.
...RESPONDENT
(BY SRI. NEELENDRA D. GUNDE AND SRI. HANUMESH S. DESAI,
ADVOCATES)
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RPFC No. 100236 of 2023
THIS RPFC IS FILED UNDER SEC.19(4) OF THE FAMILY COURT
ACT, 1984, PRAYING TO CALL FOR THE RECORDS AND SET ASIDE
THE JUDGMENT PASSED IN CRIMINAL MISC. NO.66/2022 DATED
02.05.2023 PASSED BY THE PRINCIPAL JUDGE, FAMILY COURT,
HUBBALLI BY ALLOWING THIS REVISION PETITION.
THIS PETITION COMING ON FOR PRELIMINARY HEARING
THIS DAY, THE COURT MADE THE FOLLOWING:
CORAM: THE HON'BLE MR. JUSTICE E.S.INDIRESH
ORAL ORDER
1. Heard the learned counsel appearing for the
parties.
2. The petitioners are assailing the order dated
02.05.2023 in Crl.Misc.No.66/2022 on the file of the
Principal Judge, Family Court, Hubballi1 granting
maintenance to the respondent.
3. For the sake of convenience, the parties are
referred to as per their ranking before the Family Court.
4. It is the case of the petitioner that the
petitioner is the father of the respondents and is suffering
from skin disease to his legs, hands and fingers are
Hereinafter referred to as 'Family Court'
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injured and due to this disease he became handicap. It is
also stated in the petition that the respondents have
forced the petitioner to stay away from them and as such,
the petitioner has left the home and as such residing
separately from the respondents. Hence, the petitioner -
father has filed Crl.Misc.No.66/2022 seeking maintenance
from the respondents (children).
5. On service of notice, the respondents entered
appearance and filed detailed statement of objection
stating that the petitioner has not given good proper
education to them and has neglected them and therefore
denied the averments made in the claim petition.
6. The Trial Court after considering the material on
record, by its order dated 02.05.2023, allowed the petition
and as such directed the respondents - petitioners herein
to pay Rs.5,000/- each to the petitioner (father). Feeling
aggrieved by the same, the respondents have preferred
the present petition.
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7. I have heard Sri.Ramesh Babu P., learned
counsel appearing for the petitioners and Sri.Neelendra D
Gunde, learned counsel appearing for the respondent.
8. It is contended by the learned counsel
appearing for the petitioners that fair opportunity was not
extended to the petitioners to produce certain records to
substantiate their case before the Family Court and also
submitted that some of the properties have been sold by
the respondent herein without their consent and the said
aspect has not been considered by the Family Court while
awarding maintenance and accordingly sought for
interference of this Court.
9. Per contra, learned counsel appearing for the
respondent sought to justify the impugned order passed
by the Family Court and submitted that the petitioners
herein are having a jewellary shop in the name of New
Krishna Jewelers at Unkal, Hubballi and Sai Krishna
Jewelers at Shettar Layout, Lingaraj Nagar, Hubballi and
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having income of more than Rs.2 lakhs per month and
therefore sought to justify the impugned order.
10. In the light of the submissions made by the
learned counsel appearing for the parties and taking into
consideration that, there is no dispute with regard to the
relationship between the parties. It is also to be noted that
the petitioner (father) has produced Ex.P.4 - medical
record issued by the KIMS Hospital, Huballi and also
substantiated his case by adducing evidence as PW.1 and
also examined another witness as PW.2. On the other
hand, respondent No.1 was examined as RW.1 however,
no documents were produced before the Trial Court to
substantiate his income as alleged by the petitioner
(father) in Crl.Misc.No.66/2022. The petitioner has
contended that he is suffering from skin disease and
residing separately from the children. In that view of the
matter, the Trial Court is justified in directing the three
children (petitioners herein) of the respondent herein
(father) to pay Rs.5,000/- per month each to the
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respondent as maintenance. Hence, taking consideration
of the findings of the Family Court, I am of the view that
no interference is called for in the present petition.
Accordingly, the petition is dismissed.
11. The amount in deposit before this Court is
ordered to be transferred to the Family Court forthwith for
disbursement.
Sd/-
(E.S.INDIRESH)
JUDGE
SH
CT:ANB
