Channabasappa S/O Ajjappa ... vs Smt. Pravathi Alias Kavita W/O ...
2025 Latest Caselaw 3077 Kant

Karnataka High Court

Channabasappa S/O Ajjappa ... vs Smt. Pravathi Alias Kavita W/O ... on 29 January, 2025

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                                                                        NC: 2025:KHC-D:1726
                                                                  RPFC No. 100222 of 2024




                                          IN THE HIGH COURT OF KARNATAKA,
                                                  DHARWAD BENCH
                                      DATED THIS THE 29TH DAY OF JANUARY, 2025
                                                         BEFORE
                                        THE HON'BLE MR. JUSTICE E.S.INDIRESH
                                     REV.PET FAMILY COURT NO. 100222 OF 2024 (-)

                            BETWEEN:

                            CHANNABASAPPA
                            S/O. AJJAPPA YARAVINATALI,
                            AGE. 46 YEARS,
                            OCC. AGRICULTURE,
                            R/O. GUTTAL,
                            TQ.DIST. HAVERI-581108.

                                                                               ...PETITIONER
                            (BY SRI. K. S. KORISHETTAR, ADVOCATE)

                            AND:

                            SMT. PRAVATHI ALIAS KAVITA
                            W/O. CHANNABASAPPA YARAVINATALI,
                            AGE. 38 YEARS,
                            OCC. HOUSEHOLD,
                            R/O.C/O. NAGAPPA SHIDDANAGOUDAR,
                            NELOGAL VILLAGE,
MANJANNA                    TQ.DIST. HAVERI-581108.
E
                                                                              ...RESPONDENT
Digitally signed by
MANJANNA E
Location: High Court of
Karnataka, Dharwad Bench
Date: 2025.02.01 11:43:07

                                   THIS RPFC IS FILED UNDER SEC.19(4) OF THE FAMILY COURT
+0530




                            ACT, 1984, PRAYING TO CALL FOR RECORDS AND TO SET ASIDE
                            THE JUDGMENT AND ORDERS PASSED BY THE PRINCIPAL JUDGE,
                            FAMILY      COURT,     HAVERI,      DATED      05.07.2024    IN
                            CRI.MISC.NO.100/2023, IN THE INTEREST OF JUSTICE AND EQUITY.


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

                            CORAM:     THE HON'BLE MR. JUSTICE E.S.INDIRESH
                                         -2-
                                                     NC: 2025:KHC-D:1726
                                                 RPFC No. 100222 of 2024




                                 ORAL ORDER

1. Heard the learned counsel appearing for the

petitioner.

2. This petition is filed by the respondent -

husband challenging the order dated 05.07.2024 in

Crl.Misc.No.100/2023 on the file of the Principal Judge,

Family Court, Haveri1 granting maintenance of Rs.7,000/-

per month to the respondent herein.

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 before the Family

Court that the marriage between the petitioner and

respondent was solemnized on 26.04.2007 and in their

wedlock, no children were born. It is further stated in the

petition that, after the marriage the petitioner has joined

the respondent to lead marital life, however, the family

members of the respondent and the respondent, have not

Hereinafter referred to as 'Family Court'

NC: 2025:KHC-D:1726

taken care of the petitioner and have not provided basic

needs to the petitioner and as such, the petitioner has left

the matrimonial home and residing with her parents.

Hence, the petitioner has filed Crl.Misc.No.100/2023

before the Family court seeking maintenance.

5. After service of notice, the respondent -

husband entered appearance and filed detailed statement

of objection denying the averments made in the petition

and took up a specific contention that the petitioner

herself left the matrimonial home without any cause and

accordingly sought for dismissal of the petition.

6. The Family Court after considering the material

on record, by its order dated 05.07.2024, allowed the

petition in part by directing the respondent - husband to

pay monthly maintenance of Rs.7,000/- per month to the

petitioner. Feeling aggrieved by the same, the respondent

- husband has preferred this petition.

NC: 2025:KHC-D:1726

7. I have heard Sri.K.S.Korishettar, learned

counsel for the petitioner.

8. It is the submission of the learned counsel

appearing for the petitioner that the petitioner herein is

innocent and has no worldly knowledge about marriage

and other aspects in life and also it is stated that the

allegation made by the respondent herein in the petition is

without any proof and accordingly sought for interference

of this Court.

9. Having taken note of the submission of the

learned counsel appearing for the petitioner, it is not in

dispute that the marriage between petitioner and

respondent was solemnized on 26.04.2007 and thereafter

the respondent herein has left matrimonial home by

making certain allegations against the petitioner herein

and his family members. It is also not in dispute that the

respondent herein is residing with her parents. Taking into

consideration the finding recorded by the Family Court, as

the respondent herein is residing with her parents and

NC: 2025:KHC-D:1726

therefore finding recorded by the Family Court granting

monthly maintenance of Rs.7,000/- to the respondent

herein is just and proper taking into account the medical

expenses and other aspects of the respondent herein.

Accordingly, no interference is called for in this petition.

10. In view of the aforementioned, the petition is

dismissed.

Sd/-

(E.S.INDIRESH) JUDGE

SH CT:ANB