Karnataka High Court
Smt. Gayathri W/O K Nagaraj vs Sri. K. Nagaraj S/O K Umapathi on 18 March, 2025
-1-
NC: 2025:KHC-D:4980
RPFC No. 100027 of 2024
C/W RPFC No. 100134 of 2024
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 18TH DAY OF MARCH, 2025
BEFORE
THE HON'BLE MR. JUSTICE E.S.INDIRESH
REV.PET FAMILY COURT NO. 100027 OF 2024 (-)
C/W
REV.PET FAMILY COURT NO. 100134 OF 2024
IN R.P.F.C NO. 100027/2024
BETWEEN:
1. SMT. GAYATHRI W/O. K. NAGARAJ,
AGED ABOUT 26 YEARS,
R/O. WARD NO.4,
BESIDE SHARABESHWARA NURSING COLLEGE,
HONNALLI ROAD, GUGGARAHATTI,
BALLARI-583101.
2. MINOR HIMA BINDU D/O. GAYATHRI
AND K. NAGARAJ,
AGED ABOUT 5 YEARS,
SINCE MINOR REPRESENTED BY HER
NATURAL GUARDIAN AND MOTHER,
SMT. GAYATRHRI W/O. K. NAGARAJ,
AGED ABOUT 26 YEARS,
R/O. WARD NO.4,
MOHANKUMAR
B SHELAR BESIDE SHARABESHWARA NURSING COLLEGE,
HONNALLI ROAD, GUGGARAHATTI, BALLARI-583101.
Digitally signed by
MOHANKUMAR B ...PETITIONERS
SHELAR
Location: HIGH
COURT OF
KARNATAKA (BY SRI. SHIVARAJ P. MUDHOL, ADVOCATE)
DHARWAD BENCH
AND:
SRI. K. NAGARAJ S/O. K. UMAPATHI,
AGED ABOUT 32 YEARS,
R/O. M.K. NAGAR, KOLAGAL ROAD,
BALLARI-583101.
...RESPONDENT
(BY SRI. ANOOP G. DESHPANDE, ADVOCATE)
-2-
NC: 2025:KHC-D:4980
RPFC No. 100027 of 2024
C/W RPFC No. 100134 of 2024
THIS RPFC IS FILED UNDER SECTION 19(4) OF THE FAMILY
COURT ACT PRAYING TO SET ASIDE THE IMPUGNED ORDER PASSED
BY THE PRINCIPAL JUDGE, FAMILY COURT, BALLARI IN CRL. MISC.
NO.70/2022 DATED 28.03.2023 AND ENHANCE THE MAINTENANCE
TO THE PETITIONER NO.2 TO GRANT THE MAINTENANCE TO THE
PETITIONER NO.1 AS PRAYED IN THE PETITION BY ALLOWING THIS
PETITION IN THE INTEREST OF JUSTICE AND TO AWARD THE
COSTS OF THIS PETITION IN THE INTEREST OF JUSTICE AND
EQUITY.
IN R.P.F.C NO. 100134/2024 (-)
BETWEEN:
K. NAGARAJ S/O. K. UMAPATHI,
AGE: 33 YEARS, OCC: MECHANIC,
R/O. M.K. NAGAR, KOLAGAL ROAD,
DISTRICT: BALLARI-583102.
...PETITIONER
(BY SRI. ANOOP G. DESHPANDE, ADVOCATE)
AND:
1. GAYATHRI W/O. K. NAGARAJ,
AGE: 27 YEARS,
2. HIMA BINDU D/O. GAYATHRI AND K. NAGARAJ,
AGE: 6 YEARS,
SINCE MINOR REPRESENTD BY
NATURAL GUARDIAN (MOTHER)
RESPONDENT NO.1 (GAYATHRI)
BOTH ARE R/O. WARD NO.4,
BESIDE SHARABESHWARA NURSING COLLEGE,
HONNALLI ROAD, GUGGARAHATTI,
DISTRICT: BALLARI-583102.
...RESPONDENTS
(BY SRI. SHIVARAJ P. MUDHOL, ADVOCATE)
THIS RPFC IS FILED UNDER SECTION 19(4) OF THE FAMILY
COURT ACT 1984 PRAYING TO ALLOW THIS REVISION PETITION BY
-3-
NC: 2025:KHC-D:4980
RPFC No. 100027 of 2024
C/W RPFC No. 100134 of 2024
SETTING ASIDE THE JUDGMENT AND ORDER DATED 28.03.2023
PASSED BY THE PRINCIPAL JUDGE, FAMILY COURT BALLARI IN
CRIMINAL MISCELLANEOUS NO.70/2022 IN THE ENDS OF JUSTICE.
THESE PETITIONS COMING ON FOR ORDERS THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: THE HON'BLE MR. JUSTICE E.S.INDIRESH
ORAL ORDER
RPFC No.100027/2024 is filed by the petitioners
challenging the order dated 28.03.2023 in Criminal
Miscellaneous No.70/2022 on the file of Principal Judge,
Family Court, Ballari (for short, hereinafter referred to as
'Family Court'), rejecting the claim petition insofar as
petitioner No.1 is concerned.
2. RPFC No.100134/2024 is filed by the
respondent- - husband, challenging the order dated
28.03.2023 in Criminal Miscellaneous No.70/2022 on the
file of Family Court for grant of maintenance to the
petitioner No.2.
3. For the sake of convenience, the parties are
referred to as per their ranking before the Family Court.
NC: 2025:KHC-D:4980
4. It is the case of the petitioners that, the
marriage of the petitioner No.1 with the respondent was
solemnized on 25.05.2014 and in their wedlock petitioner
No.2 is born. It is the case of the petitioners that, the
petitioner No.1 was subjected to assault and harassment
by the respondent - husband and she was thrown out
from the matrimonial home and as such, she was residing
with her parents. Hence, the petitioners have filed Criminal
Miscellaneous No.70/2022 seeking maintenance.
5. After service of notice, the respondent-husband
entered appearance and filed statement of objection. It is
the specific case of the respondent -husband that, the
petitioner No.1 regularly visiting her parents house and
was not taking care of the respondent and his family
members and also it is contended by the respondent that,
the petitioner No.1- wife caused injury to herself to make
a false case against him. The respondent - husband
further stated that, he has filed MC No.14/2019 under
Section 9 of the Hindu Marriage, Act and therefore, it is
NC: 2025:KHC-D:4980
contended that the petition does not survive for
consideration.
6. The Family Court after considering the material
on record by its order dated 28.03.2023 dismissed the
petition insofar as petitioner No.1 is concerned and
directed the respondent - husband to pay monthly
maintenance of Rs.6,000/- to the petitioner No .2- child.
Feeling aggrieved by the same, the respondent-husband
has preferred RPFC No.100134/2024, challenging the
award of maintenance to the petitioner No.2 and RPFC
No.100027/2024 is filed by the petitioner No.1- wife
seeking maintenance.
7. I have heard Sri. Shivaraj P. Mudhol, learned
counsel appearing for the petitioners and Sri. Anoop G.
Deshpande, learned counsel appearing for the respondent-
husband.
8. The learned counsel appearing for the
petitioners in RPFC No.100027/2024 contended that, the
Family Court has failed to consider the fact that, the
petitioner No.1 has left the matrimonial home, at the
NC: 2025:KHC-D:4980
cause of the respondent as she was subjected to physical
and mental cruelty. Therefore, the petitioner No.1 is
entitled for maintenance from the respondent- husband.
9. Per contra, Sri. Anoop G. Deshpande, learned
counsel appearing for the respondent - husband submitted
that, the parents house of the petitioner No.1 - wife
situated at the distance of half kilo meter and the
petitioner No.1 - wife was regularly visiting and staying at
her parents house without considering the needs of the
respondent -husband and therefore, sought for dismissal
of the petition insofar as the petitioner No.1-wife is
concerned.
9.1. It is also contended by the learned counsel
appearing for the respondent - husband that, the
respondent is working as a driver and therefore, grant of
maintenance in favour of petitioner No.2 requires
interference.
10. In the light of the submission made by the
learned counsel appearing for the parties, I have carefully
NC: 2025:KHC-D:4980
examined the finding recorded by the Family Court. It is
not in dispute that, the petitioner No.1 married respondent
- husband on 25.05.2014 and in their wedlock petitioner
No.2 is born.
11. Perusal of the finding recorded by the Family
Court would makes it clear that, the parties are residing
separately. Taking into consideration the finding recorded
by the Family Court that, the petitioner No.1 herself left
the matrimonial home is erroneous on the aspect that, the
petitioner No.1 alleged in the claim petition that she was
subjected to physical and mental assault by the
respondent - husband and therefore, the finding recorded
by the Family Court rejecting maintenance to the
petitioner No.1 - wife is incorrect and same is requires to
be revisited by the Family Court.
12. Insofar as, the award of maintenance to the
petitioner No.2 is concerned, taking into consideration the
finding recorded by the Family Court as the petitioner No.2
is residing with her mother - petitioner No.1 (wife) grant
NC: 2025:KHC-D:4980
of maintenance is just and proper. Hence, I pass the
following:
ORDER
i) RPFC No.100027/2024 is allowed.
ii) RPFC No.100134/2024 is dismissed.
iii) Order dated 28.03.2023 in Criminal
Miscellaneous No.70/2022 on the file of
Principal Judge, Family Court, Ballari is set
aside insofar as denying maintenance to
the petitioner No.1 and the matter is
remitted to the Family Court for fresh
consideration.
iv) Since, the parties are represented
through their counsel, parties are directed
to appear before the Family Court on
22.04.2025 at 11.00 a.m., without
waiting for notice from the Family Court.
NC: 2025:KHC-D:4980
v) On their appearance, the Family Court
is directed to dispose off the petition in
terms of the observations made above.
Sd/-
(E.S.INDIRESH)
JUDGE
SMM
