Karnataka High Court
Smt Rekha W/O Dattatreya Bhat vs Sri Dattatreya S/O Shivaram Bhat on 10 March, 2025
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RPFC No. 100175 of 2024
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 10TH DAY OF MARCH, 2025
BEFORE
THE HON'BLE MR. JUSTICE E.S.INDIRESH
REV.PET FAMILY COURT NO. 100175 OF 2024 (-)
BETWEEN:
1. SMT. REKHA W/O. DATTATREYA BHAT,
AGE: 31 YEARS, OCC: HOUSEHOLD WORK,
R/O. BISALAKOPPA, TQ: SIRSI,
DIST: UTTARA KANNADA,
NOW RESIDING AT SHIVAJI NAGAR,
2ND CROSS, HAVERI, TQ: HAVERI,
DIST: HAVERI-581110.
2. KUMARI SWATI D/O. DATTATREYA BHAT,
AGE: 07 YEARS, OCC: STUDENT,
R/O. BISALAKOPPA, TQ: SIRSI,
DIST: UTTARA KANNADA,
NOW RESIDING AT SHIVAJI NAGAR,
2ND CROSS, HAVERI, TQ: HAVERI,
DIST: HAVERI-581110.
3. KUMAR MANVIK S/O. DATTATREYA BHAT,
AGE: 05 YEARS, OCC: STUDENT,
R/O. BISALAKOPPA, TQ: SIRSI,
DIST: UTTARA KANNADA,
MOHANKUMAR
B SHELAR NOW RESIDING AT SHIVAJI NAGAR,
2ND CROSS, HAVERI, TQ: HAVERI,
Digitally signed by
MOHANKUMAR B DIST: HAVERI-581110.
SHELAR
Location: HIGH
COURT OF
(PETITIONER NO.2 AND 3 ARE BEING
KARNATAKA
DHARWAD BENCH MINORS R/BY HER MINOR GUARDIAN
NATURAL MOTHER PETITIONER NO.1)
...PETITIONERS
(BY SRI. NAVEEN CHATRAD, ADVOCATE)
AND:
SRI. DATTATREYA S/O. SHIVARAM BHAT,
AGE: 38 YEARS, OCC: AGRICULTURE & PRIVATE WORK,
R/O. BISALAKOPPA, TQ: SIRSI,
DIST: UTTARA KANNADA-581401.
...RESPONDENT
(RESPONDENT SERVED AND UNREPRESENTED)
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RPFC No. 100175 of 2024
THIS RPFC IS FILED UNDER SECTION 19(4) OF THE FAMILY
COURT ACT PRAYING TO ALLOW THIS PETITION AND AWARD THE
MAINTENANCE AMOUNT FOR PETITIONERS AS PRAYED IN THE
CLAIM PETITION BY SET ASIDING THE ORDER DATED 11.09.2024
PASSED BY THE PRINCIPAL JUDGE, FAMILY COURT HAVERI IN
CRIM.MISC.76/2023 IN THE INTEREST OF JUSTICE AND EQUITY.
THIS PETITION COMING ON FOR ADMISSION THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: THE HON'BLE MR. JUSTICE E.S.INDIRESH
ORAL ORDER
This petition is filed by the petitioners in
Crl.Misc.No.76/2023 challenging the order dated 11.09.2024
passed by the Principal Judge, Family Court, Haveri (for short
"the Family Court").
2. For the sake of convenience, the parties are
referred to as per their rank before the Family Court.
3. It is the case of the petitioners that the marriage
between the petitioner No.1-wife and the respondent-husband
was solemnized on 26.12.2012 and in their wedlock, two
children were born i.e., petitioner No.2 and 3. It is the
allegation of the petitioners that the respondent has completely
neglected the petitioner No.1-wife at the time of leading marital
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life and also not provided basic needs to the petitioners. It is
also alleged that the respondent was assaulting petitioner No.1-
wife and abusing her with filthy language and was demanding
dowry and as such, the petitioner No.1-wife left the
matrimonial home along with her two children and started
residing with her parents. Hence, the petitioners filed
Crl.Misc.No.76/2023 seeking maintenance from the respondent.
3.1. After service of notice, the respondent entered
appearance and filed detailed statement of objection
contending that the petitioner No.1-wife has left the
matrimonial home without any cause. It is also stated that the
petitioner No.1-wife prior to her marriage with the respondent-
husband was divorcee from her former husband by extracting
money and accordingly, sought for dismissal of the petition.
3.2. The Family Court, after considering the material on
record, by its order dated 11.09.2024 dismissed the petition
and feeling aggrieved by the same, the petitioner-wife has
presented this petition.
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4. I have heard Sri.Naveen Chatrad, learned counsel
appearing for the petitioners. The respondent though served
remained absent.
5. It is contended by the learned counsel appearing for
the petitioners that the reasons assigned by the Family Court
requires to be interfered with as the respondent herein has
neglected the petitioners willfully and has not given basic
necessities to the petitioners and accordingly, sought for
interference of this Court.
6. In the light of the submission made by the learned
counsel appearing for the petitioners, I have carefully examined
the finding recorded by the Family Court. Taking into
consideration the reasons assigned by the Family Court at
paragraph 20, I am of the view that the Family Court has
committed an error in dismissing the petition without
considering the scope and ambit of Section 125 of Cr.P.C., as
laid down by the Hon'ble Supreme Court in the case of
Rajnesh v. Neha and another1 and in the case of Bhuwan
(2021) 2 SCC 324
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Mohan Singh vs Meena & Others2. It is alleged by the
petitioners that the petitioner No.1-wife has left the
matrimonial home having not tolerated the inhuman acts
meted out by her from the respondent-husband. The Family
Court has ignored the said aspect of the matter and has erred
in dismissing the claim petition. It is also forthcoming from the
finding recorded by the Family Court that the petitioner No.1-
wife has left the matrimonial home along with two children
aged about 6 years and 4 years and further under the
circumstances narrated in the petition, the petitioner No.1 has
take care of the needs of her children. I find force in the
submissions made by the learned counsel appearing for the
petitioners. The petition deserves to be allowed. Accordingly, I
pass the following:
ORDER
i. The revision petition is allowed.
ii. The order dated 11.09.2024 in
Crl.Misc.No.76/2023 passed by the
Principal Judge, Family Court, Haveri is
hereby set aside and the matter is
(2015) 6 SCC 353
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remanded to the Family Court for fresh
consideration in the light of the judgment
of this Court as well as the Hon'ble
Supreme Court and taking into
consideration the scope and ambit of
Section 125 of Cr.P.C.
iii. It is also made clear that after appearance
of the parties, the Family Court is directed
to dispose of the petition within a period
of eight months from the date of
appearance of the parties.
iv. In view of disposal of the petition, pending
interlocutory applications, if any, do not
survive for consideration and are disposed
of accordingly.
Sd/-
(E.S.INDIRESH)
JUDGE
YAN
CT-MCK
