Karnataka High Court
Sri Krisnachand Thaku S/O Indrachand ... vs Smt Deepika Kumari Sing on 18 July, 2025
Author: M.G.S. Kamal
Bench: M.G.S. Kamal
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NC: 2025:KHC-D:8928
RPFC No. 100027 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 18TH DAY OF JULY 2025
BEFORE
THE HON'BLE MR. JUSTICE M.G.S. KAMAL
REV.PET FAMILY COURT NO.100027 OF 2025
BETWEEN:
SRI. KRISNACHAND THAKU S/O. INDRACHAND THAKUR,
AGED ABOUT 44 YEARS,
OCC. DEPUTY STORE MANAGER,
AT DILLIP BUILT CONSTRUCTION LTD.,
INDRO MERO CASTING YARD, BAIRAGARH,
HUZUR BHUPAL MADHYA PRADESH,
R/O: ROOM NO. EK 572, FIRST FLOOR,
VIJAYA NAGAR, SCHEME NO. 54, INDORE,
MADHYA PRADESH STATE - 452 010.
...PETITIONER
(BY SMT. PALLAVI S. PACHHAPURE, ADVOCATE)
AND:
1. SMT. DEEPIKA KUMARI SING
W/O. KRISHNACHAND INDRACHAND THAKUR,
AGE: 34 YEARS, OCC: HOUSEWIFE,
Digitally signed by R/O: WARD NO. 32, FORT, PWD QUARTERS,
SAROJA
HANGARAKI BESIDES BEO OFFICE, BALLARI - 583 101.
Location: High
Court of
Karnataka,
Dharwad Bench, 2. KUMARI PRACHI CHAND THAKUR
Dharwad
D/O. KRISHNACHAND INDRACHAND THAKUR,
AGE: 15 YEARS, OCC: STUDENT,
SINCE MINOR REP. BY HER NATURAL MOTHER
MINOR GUARDIAN RESPPNDENT NO.1.
3. KUMARI AAROHI CHAND THAKUR
D/O. KRISHNACHAND INDRACHAND THAKUR,
AGE: 10 YEARS, OCC: STUDENT,
SINCE MINOR REP. BY HER NATURAL MOTHER
MINOR GUARDIAN RESPONDENT NO.1
...RESPONDENTS
(BY SRI. V.P.VADAVI, ADVOCATE FOR R1 TO R3)
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NC: 2025:KHC-D:8928
RPFC No. 100027 of 2025
HC-KAR
THIS RPFC IS FILED UNDER SECTION 19(4) OF THE FAMILY
COURT ACT, 1984 PRAYING TO CALL FOR RECORDS AND SET ASIDE
THE ORDER DATED 29.10.2024 PASSED BY THE COURT OF
PRL. JUDGE FAMILY COURT BALLARI IN CRL.MISC.NO.141/2024
MARKED AT ANNEXURE-A AND GRANT ANY OTHER RELIEF AS
DEEMED FIT IN THE INTEREST OF JUSTICE.
THIS PETITION, COMING ON FOR ADMISSION THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE M.G.S. KAMAL)
1. This petition is by the husband aggrieved by the
order dated 29.10.2024 passed in Criminal Miscellaneous
No.141/2024 on the file of Principal Judge Family Court,
Ballari (for short, 'Family Court'), by which the Family
Court while allowing the petition filed by the respondent
under Section 125 of Cr.P.C., has directed the petitioner
herein to pay a sum of Rs.15,000/- each to the petitioner
Nos.1 to 3 therein aggregating a sum of Rs.45,000/- per
month from the date of petition with casts of Rs.10,000/-.
2. Learned counsel for the petitioner at the outset
submits that the said order has been passed exparte and
no notice of the petition has been served on the
petitioner/respondent. She further submits that the
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HC-KAR
address of the petitioner/respondent as given in the
criminal petition is incomplete and incorrect inasmuch as
the petitioner/respondent has been residing at Room EK
572, First Floor, Vijaya Nagar, Scheme No.54, Indore,
Madhya Pradesh. She draws attention of this Court to
copies of E-mail and Aadhar card produced at Annexures-
D and E in justification of change of address of the
petitioner.
3. She further drawing attention of this Court to
the judgment dated 23.01.2021 produced at Annexure-C
submits that the petitioner herein had earlier initiated the
proceedings under Section 13 (1)(i)(ia)(ib) of Hindu
Marriage Act against the respondent - wife, which has
been allowed dissolving their marriage on the ground of
adultery and cruelty. That despite the respondent - wife
being aware of the said order, has not brought it to the
notice of the Family Court while obtaining the order
impugned in the present petition.
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HC-KAR
4. Counsel for the respondent seeks a short
accommodation to file of objections. However, considering
the seriousness of facts involved in the matter, this Court
declines to grant any time.
5. Heard. Perused the records.
6. The marriage between the petitioner and
respondent having taken place on 21.01.2020 is not in
dispute. Annexure-C would indicate that the said marriage
has been dissolved by a decree of divorce granted by the
Family Court at Ballari on 23.01.2021. The present petition
is filed 3 years subsequent to the aforesaid decree of
divorce.
7. As rightly pointed out by the counsel for the
petitioner, there has been no whisper of any nature
whatsoever in the present petition filed by the respondent
under Section 125 of the Cr.P.C. with regard to status of
her matrimonial relationship particularly in the light of the
divorce already having been granted. The address of the
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petitioner, as already noted above, is also different from
the one provided in the petition.
8. Clearly there appears to be a deliberate
suppression of facts and an attempt to mislead the court.
Suppression of facts of this nature is nothing short of a
fraud on the court, which vitiates entire thing.
Consequently, the following order is passed:
i. The petition is allowed.
ii. The impugned order dated 29.10.2024 passed
in Criminal Miscellaneous No.141/2024 on
the file of Principal Judge Family Court,
Ballari is set aside.
iii. The matter is remitted to the Family Court for
fresh consideration after affording
opportunity to the petitioner to file his
statement of objection and to lead evidence.
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iv. It is made clear that no opinion is expressed
on the merits or otherwise of the matter in
this case.
v. Since the parties are represented by their
respective counsel, they shall appear before
the Family Court, Ballari on 20.08.2025,
without any further notice.
vi. All contentions are kept open.
Sd/-
(M.G.S. KAMAL)
JUDGE
SMM,SH
CT-ASC
