Two cross revision petitions concerning maintenance awarded by the Family Court, Belagavi. After the husband-petitioner's death on 27.06.2024 was reported by memo with death certificate, both petitions were dismissed as abated.
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.
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 4TH DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE MR. JUSTICE RAVI V.HOSMANI
REVISION PETITION FAMILY COURT NO.100040 OF 2020 C/W
REVISION PETITION FAMILY COURT NO.100146 OF 2022
RPFC NO.100040/2020:
BETWEEN:
SHRI SUBHASH S/O. ISHWAR PATIL, AGE: 41 YEARS, OCC: RETIRED ARMY/EX-ARMY, R/O: GOUDAWAD VILLAGE, TQ: HUKKERI, DIST: BELAGAVI – 591 221.
…PETITIONER
(BY SRI VIDYASHANKAR G. DALWAI, ADVOCATE)
AND:
Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: High Court of Karnataka
BOTH ARE REPRESENTED BY THEIR NATURAL MOTHER/MINOR GUARDIAN SMT. BHARATI W/O. SUBHASH PATIL, AGE: 27 YEARS, OCC: HOUSEHOLD WORK, R/O: H.NO.1373, SIDDESHWAR NAGAR, KAKATI, TQ AND DIST BELAGAVI – 591 113.
…RESPONDENTS
(BY SRI VISHWANATH V. BADIGER, ADVOCATE FOR R1 AND R2; R1 AND R2 ARE MINORS REPRESENTED BY NATURAL MOTHER BHARATI S. PATIL)
THIS RPFC IS FILED UNDER SECTION 19(4) OF THE FAMILY COURT ACT, 1984, ALLOW THE REVISION PETITION AND CALL FOR RECORDS OF COURT BELOW AND SET-ASIDE THE ORDER DATED 21.12.2019 IN CRL.MISC.NO.503/2018 PASSED BY THE COURT OF JUDGE FAMILY COURT BELAGAVI, AT BELAGAVI INSOFAR AS RESPONDENTS HEREIN, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC.,
RPFC NO.100146/2022:
BETWEEN:
(SINCE THE PETITIONERS NO.2 AND 3 ARE MINORS, HENCE REPRESENTED BY NATURAL MOTHER I.E. PETITIONER NO.1.)
…PETITIONERS
(BY SRI VISHWANATH V. BADIGER, ADVOCATE)
AND:
SHRI SUBHASH ISHWAR PATIL, AGE: 40 YEARS, OCC: EX-ARMY, R/O: GOUNDAWAD, TAL: HUKKERI, DIST: BELAGAVI – 590 028.
…RESPONDENT
(BY SRI VIDYASHANKAR G. DALWAI, ADVOCATE)
THIS RPFC IS FILED UNDER SECTION 19(4) OF THE FAMILY COURT ACT, 1984, MODIFY THE ORDER PASSED BY THE LEARNED JUDGE FAMILY COURT, BELAGAVI IN CRI.MICS.NO.503/2018 DATED 21.12.2019 AND AWARD THE MAINTENANCE AMOUNT TO
PETITIONER NO.1 BY ALLOW THIS REVISION PETITION ENHANCE THE MAINTENANCE AMOUNT TO PETITIONERS NO.2 AND 3 IN THE INTEREST OF JUSTICE AND EQUITY.
THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORAL ORDER
Learned counsel for petitioner/husband has filed a
memo stating that, petition would not survive in view of death of petitioner/husband on 27.06.2024.
Copy of death certificate is appended to memo.
In view of memo, RPFC.No.100040/2020 is dismissed
as abated. In view of dismissal of said petition, connected
petition i.e. RPFC.No.100146/2022 filed by respondent-
wife would also stands abated.
Sd/-
(RAVI V.HOSMANI) JUDGE
EM,VB CT-ASC List No.: 1 Sl No.: 3
1 provisions across 1 enactments
Subhash S/o Ishwar Patil
Kumar Deepak S/o Subhash Patil
Kumar Advik D/o Subhash Patil
Smt. Bharathi W/o Subhash Patil
RAVI V. HOSMANI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
