Karnataka High Court
G Yerriswamy S/O Late Chidanandappa vs Smt. Manjula W/O G Yerriswamy on 10 March, 2025
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NC: 2025:KHC-D:4537
RPFC No. 100178 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. 100178 OF 2024 (-)
BETWEEN:
G. YERRISWAMY S/O. LATE CHIDANANDAPPA,
AGED ABOUT 44 YEARS,
OCC: CASHIER BLUE LION LIQUORS,
TALUR VILLAGE, SHIRAGUPPA TALUK,
R/O. 2ND STAGE, NEAR WATER TANK,
RAGHAVENDRA COLONY,
ANANTHAPUR ROAD, BALLARI.
...PETITIONER
(BY SRI. SHIVAKUMAR S. BADAWADAGI, ADVOCATE)
AND:
SMT. MANJULA W/O. G. YERRISWAMY,
AGED ABOUT 43 YEARS, OCC: HOUSEHOLD,
R/O. 2ND STAGE, NEAR WATER TANK,
RAGHAVENDRA COLONY,
ANANTHAPUR ROAD, BALLARI.
PRESENTLY RESIDING AT
C/O. N. VEERESH ADEPPA COMPOUND,
AKTRA GATE, ANATHPUR ROAD, BALLARI.
MOHANKUMAR ...RESPONDENT
B SHELAR
(BY SRI. V.S. KALASURMATH, ADVOCATE)
Digitally signed by
MOHANKUMAR B
SHELAR
Location: HIGH
THIS RPFC IS FILED UNDER SEC.19(4) OF THE FAMILY COURT
COURT OF
KARNATAKA
DHARWAD BENCH ACT PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED
27.07.2024 PASSED BY THE PRINCIPAL JUDGE FAMILY COURT
BALLARI IN CRL.MISC.NO.406/2022 AND CONSEQUENTLY BE
PLEASED TO DISMISS CRL.MISC.NO.406/2022 IN THE INTEREST OF
JUSTICE AND EQUITY.
THIS PETITION COMING ON FOR ADMISSION THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
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RPFC No. 100178 of 2024
CORAM: THE HON'BLE MR. JUSTICE E.S.INDIRESH
ORAL ORDER
This petition is filed by the respondent challenging
the order dated 27.07.2024 in Crl.Misc.No.406/2022 on the file
of the Principal Judge, Family Court, Ballari granting
maintenance to the respondent herein (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 petitioner-wife that the
marriage between the petitioner-wife and the respondent-
husband was solemnised on 22.02.2006 and in their
wedlock two children were born. It is also stated in the petition
that the respondent-husband being alcoholic, used to assault
the petitioner-wife under the influence of alcohol and she was
thrown out of the matrimonial home on 28.02.2022 and as
such, the petitioner-wife is residing separately from the
respondent-husband. Hence, the petitioner-wife filed
Crl.Misc.No.406/2022 seeking maintenance.
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3.1. After service of notice, respondent-
husband entered appearance and filed statement of
objection and contended that the petitioner was adamant and
made certain allegations against the respondent-husnand and
she herself has left the matrimonial home without any cause.
Accordingly, sought for dismissal of the claim petition.
3.2. The Family Court, after considering the material on
record, by its order dated 27.07.2024 awarded maintenance of
₹10,000/- per month to the petitioner-wife. Feeling aggrieved
by the same, the respondent-husband presented this petition.
4. I have heard Sri. Shivakumar S Badawadagi,
learned counsel appearing for the petitioner herein.
5. It is contended by the learned counsel that both the
children of the petitioner-wife and respondent-husband are
residing with the respondent-husband and he is taking care of
the educational expenses of his children. It is also contended by
the learned counsel for the petitioner herein that the award of
maintenance is on the higher side and the Family Court has not
considered the material on record in the right perspective and
accordingly, sought for interference of this Court.
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6. Per contra, learned counsel appearing for the
petitioner-wife sought to justify the impugned order.
7. In the light of the submissions made by the learned
counsel appearing for the parties, it is not in dispute with
regard to the relationship between the parties and also that two
children were born in their wedlock. It is forthcoming from the
finding recorded by the Family Court that the husband is
working as a cashier at M/s. Blue Line Liquors at Talur village.
Taking into consideration the finding recorded by the Family
Court as the petitioner-wife has filed M.C.No.154/2022 seeking
dissolution of marriage, which came to be dismissed and the
appeal is also filed before this Court, which is pending
consideration and in that view of the matter, taking into
consideration the needs of the petitioner-wife, who is aged
about 46 years, I am of the opinion that the award of
maintenance by the Family Court is just and proper and does
not call for interference by this Court. Accordingly, the petition
stands dismissed.
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8. In view of disposal of the petition, pending
interlocutory applications, if any, do not survive for
consideration and are disposed off accordingly.
Sd/-
(E.S.INDIRESH)
JUDGE
YAN
