This joint revision petition, filed under Section 19(4) of the Family Courts Act, 1984, challenged an earlier maintenance order. The High Court dismissed the petitions as infructuous, holding that a subsequent petition under Section 127 CrPC had already been finally disposed of.
The revision petitions were dismissed as having become infructuous.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NC: 2023:KHC:39999 RPFC No. 34 of 2019 C/W RPFC No. 40 of 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 8TH DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE R. NATARAJ REVISION PETITION FAMILY COURT NO. 34 OF 2019 C/W REVISION PETITION FAMILY COURT NO. 40 OF 2019
IN RPFC NO.34/2019:
BETWEEN:
Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA
AND:
SRI. REVANASIDDAPPA G.R. S/O RANGAPPA, AGED ABOUT 39 YEARS, R/O HOUSE NO.1863/3, 4 BEHIND KARGIL HAIR DRESSES, NUTAN COLLEGE ROAD, SWAMY VIVEKANANDA BADAVANE, DAVANAGERE-577 001.
…RESPONDENT
(BY SMT. RADHA V. DODDAMANI, ADVOCATE)
THIS RPFC IS FILED UNDER SECTION 19(4) OF THE FAMILY COURTS ACT, 1984 AGAINST THE ORDER DATED 30.11.2018 PASSED IN CRI.MISC.NO.65/2016 ON THE FILE OF THE JUDGE, FAMILY COURT, DAVANAGERE, PARTLY ALLOWING THE PETITION FILED UNDER SECTION 125 OF THE CODE OF CRIMINAL PROCEDURE, 1973 FOR MAINTENANCE.
IN RPFC NO.40/2019:
BETWEEN:
SRI. REVANASIDDAPPA G.R. S/O RANGAPPA G.R., AGED ABOUT 39 YEARS, R/AT No.1863/3, 4 BEHIND KARGIL HAIR DRESSES, NUTAN COLLEGE ROAD, SWAMY VIVEKANANDA BADAVANE, DAVANAGERE-577 002.
…PETITIONER
(BY SMT. RADHA V.D., ADVOCATE)
AND:
…RESPONDENTS
(BY SRI. SANTHOSH R. NELKUDRI, ADVOCATE)
THIS RPFC IS FILED UNDER SECTION 19(4) OF THE FAMILY COURTS ACT, 1984 AGAINST THE JUDGMENT AND DECREE DATED 30.11.2018 PASSED IN CRI.MISC.NO.65/2016 ON THE FILE OF THE JUDGE, FAMILY COURT, DAVANAGERE, PARTLY ALLOWING THE
PETITION FILED UNDER SECTION 125 OF THE CODE OF CRIMINAL PROCEDURE, 1973 FOR MAINTENANCE.
THESE PETITIONS, COMING ON FOR HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
In RPFC No.34/2019, learned counsel for the
petitioners and the learned counsel for the respondent submit that a petition in Cri. Misc. No.357/2021 under Section 127 of the Code of Criminal Procedure, 1973 was filed by the wife and minor daughter against the husband before the Family Court at Davanagere, which was disposed off in terms of the order dated 06.06.2023 and the same has attained finality. Therefore, he submits that these two petitions have become infructuous.
In view of the aforesaid submission, both these
petitions are dismissed as having become infructuous.
Sd/JUDGE
SMA List No.: 1 Sl No.: 27
1 issue framed by the court
Whether the revision petitions filed under Section 19(4) of the Family Courts Act are maintainable given the finality of a subsequent petition under Section 127 CrPC filed by the same parties.
3 provisions across 2 enactments
KAVITHA K.V.
REVANASIDDAPPA G.R.
R. NATARAJ
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
