A revision petition challenging a Family Court order awarding maintenance was dismissed by the High Court due to the petitioner's repeated non-attendance and failure to comply with office objections after the matter was called four times.
Petition dismissed for non-compliance of office objections and failure to appear.
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NC: 2024:KHC:43163 RPFC No. 101 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 25TH DAY OF OCTOBER, 2024
BEFORE
THE HON'BLE MR JUSTICE ASHOK S.KINAGI REV.PET FAMILY COURT NO. 101 OF 2024
BETWEEN:
B G MAHESH S/O LATE CHELUVAIAH, C/O SUDHAKAR, AGED ABOUT 42 YEARS, R/AT RANTHANAPURI VILLAGE, BYADARAHALLI COLONY, HUNSUR TALUK, MYSURU DISTRICT 571105
ALSO AT: C/O RAJAMANI, 1ST FLOOR, 3RD PHASE, YELAHANKA NEW TOWN, BENGALURU - 560 064.
…PETITIONER
(BY SRI. B S VISHWANATH.,ADVOCATE)
Digitally signed by SUMA B N Location: High Court of Karnataka
AND:
SMT ANITHA W/O B C MAHESH, R/AT DOOR NO 91/1, 2ND MAIN, 2ND CROSS, JAYADEVANAGARA, K R S ROAD, METAGALLI POST, MYSURU - 570 016.
…RESPONDENT
THIS REVISION PETITON FAMILY COURT IS FILED U/S.397 R/W 401 CR.P.C., PRAYING TO SET ASIDE THE JUDGMENT AND ORDER DATED 17.08.2023 IN CRL.MISC.NO.353/2022 PASSED BY THE III ADDITIONAL PRINCIPAL FAMILY JUDGE, MYSURU, DIRECTING THE RESPONDENT TO PAY RS.6,000/- PER MONTH TO THE PETITIONER AS MAINTENANCE FROM THE DATE OF PETITION
NC: 2024:KHC:43163 RPFC No. 101 of 2024
i.e., 08.04.2022 FURTHER DIRECTED TO PAY RS.10,000/- TO PETITIONER TOWARDS LITIGATION EXPENSES.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE ASHOK S.KINAGI
ORAL ORDER
Case called out for four times, none appears for the
petitioner.
Inspite of granting sufficient opportunities, the petitioner has failed to comply with the office objections, today the matter is listed for the fourth time for non-compliance of office objections. It seems that the petitioner is not interested in complying with the office objections.
Accordingly, petition is dismissed for non-compliance of office objections.
Sd/(ASHOK S.KINAGI) JUDGE
RL List No.: 1 Sl No.: 37
2 issues framed by the court
Whether the revision petition should be allowed given the petitioner's non-attendance after repeated adjournments.
Whether the Family Court's order directing maintenance payment should be set aside due to procedural defaults.
B G Mahesh S/O Late Cheluvaiah
Smt Anitha W/O B C Mahesh
Ashok S. Kinagi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
