Allowed

Sri. Mouneshwar Malleshappa Badiger v. Smt. Preeti W/O Mouneshwar Badiger

Karnataka HC12 Feb 2024RPFC/100030/2022

Case brief

AI extract

What is this about?

The Karnataka High Court allowed a revision petition to set aside an ex parte interim maintenance order granted in a family dispute, remitting the matter to the Trial Court for fresh disposal while directing the petitioner to continue interim payments.

What did the court decide?

Revision petition allowed; ex parte order set aside; matter remitted to Trial Court for fresh disposal.

Sri. Mouneshwar Malleshappa Badiger Vs Smt. Preeti… — Maintenance and Alimony | Karnataka HC (2024)

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NC: 2024:KHC-D:3399 RPFC No. 100030 of 2022

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 12^TH DAY OF FEBRUARY, 2024

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BEFORE

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THE HON'BLE MR JUSTICE V.SRISHANANDA

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REV.PET FAMILY COURT NO.100030 OF 2022

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BETWEEN:

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SRI. MOUNESHWAR MALLESHAPPA BADIGER, AGE. 36 YEARS, OCC. PRESENTLY NIL, R/O. NO. 85, 2^ND FLOOR, 1^ST MAIN, 3^RD CROSS, NEAR SAMBRAM COLLEGE, B H E L LAYOUT, BANGALURU NORTH-560097.

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…PETITIONER

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(BY MISS. SHIVALEELA AREHUNASI, ADVOCATE FOR SRI. ARAVIND D.KULKARNI, ADVOCATE)

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AND:

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SMT. PREETI W/O. MOUNESHWAR BADIGER, AGE. ABOUT 30 YEARS, OCC. HOUSEHOLD, R/O. C/O. R.G. BADIGER, HOUSE NO.134, NEAR BASAVANA NAGAR, PRASHANTH NAGAR, OLD HUBBALLI, HUBBALLI -24.

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Digitally
signed by
SAMREEN
SAMREEN AYUB
AYUB DESHNUR
DESHNUR Date:
2024.02.23
15:51:24
+0530

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…RESPONDENT

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(BY SRI. ANJANEYA M., ADVOCATE)

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THIS R.P.F.C. IS FILED UNDER SECTION 19(4) OF THE FAMILY COURT ACT, PRAYING THAT, THE PRESENT PETITION BE ALLOWED, AND THE IMPUGNED ORDER I.E. ORDER PASSED IN CRL.MISC 321/2019 DATED 8^TH NOVEMBER 2021 OF THE COURT OF THE I ADDITIONAL PRINCIPAL JUDGE FAMILY COURT HUBBALLI BE AND THE SAME BE HEREBY, SET ASIDE, IN THE INTEREST OF JUSTICE AND EQUITY.

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THIS R.P.F.C., COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:

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2 - NC: 2024:KHC-D:3399 RPFC No. 100030 of 2022

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JUDGMENT

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Heard Miss. Shivaleela Arehunasi representing Shri.

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Arvind D. Kulkarni, learned counsel for the revision petitioner and Shri. Anjaneya M., learned counsel for respondent.

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The order under revision is admittedly exparte order. Revision Petitioner has paid Rs.50,000/- and agrees to pay Rs.5,000/- per month as interim maintenance and wants a fair chance to contest the matter on merits.

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Since the order under revision is an exparte order

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and the revision petitioner wants to put forward his defence for the main petition before the Trial Court and also wants to place on record the monetary capacity and other aspect of the matter, it is just and necessary to provide an opportunity for

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the revision petitioner to contest the matter on merits.

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Accordingly, the following order is passed:

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ORDER

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i). Revision Petition is allowed.

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ii). Order under revision passed in Criminal Miscellaneous No.321/2019 dated 08.11.2021 on the file of learned I Additional Principal

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3 - NC: 2024:KHC-D:3399 RPFC No. 100030 of 2022

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Judge, Family Court, Hubballi, is hereby set aside.

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iii). Matter is remitted to the Trial Court for fresh

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disposal in accordance with law.

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iv). Parties shall appear before the Trial Court

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without further notice on 04.03.2023.

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v). On the same day revision petitioner shall file statement of objections and continue to pay sum of Rs.5,000/- per month as the interim maintenance till the main petition stands disposed of on merits.

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Sd/JUDGE

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SMM List No.: 3 Sl No.: 18

Sri. Mouneshwar Malleshappa Badiger v. Smt. Preeti W/O Mouneshwar Badiger

Case brief

What is this about?

What did the court decide?

Sri. Mouneshwar Malleshappa Badiger v. Smt. Preeti W/O Mouneshwar Badiger

Case brief

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What did the court decide?

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