Dismissed

Santosh S/O Mahadev Walandikar v. Surekha D/O Irappa Gachchinavar

Karnataka HC4 Jan 2024RPFC/200017/2022

Case brief

AI extract

What is this about?

High Court Karnataka Bench dismissed a revision petition under Section 19(4) of the Family Courts Act. The petitioner challenged the dismissal of a Section 126(2) application seeking to set aside a maintenance order of RS 6,000. The Court held that the petitioner's dispute regarding the relationship was not grounds to interfere with the Family Court's order.

What did the court decide?

Revision petition dismissed; original order of Principal Judge Family Court Vijayapura dated 15.12.2021 stands affirmed.

Santosh S/O Mahadev Walandikar Vs Surekha D/O… — Maintenance and Alimony | Karnataka HC (2024)

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1 - NC: 2024:KHC-K:151 RPFC No. 200017 of 2022

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IN THE HIGH COURT OF KARNATAKA,

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KALABURAGI BENCH

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DATED THIS THE 4^TH DAY OF JANUARY, 2024

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BEFORE

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THE HON'BLE MR JUSTICE E.S.INDIRESH

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REV.PET FAMILY COURT NO. 200017 OF 2022

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BETWEEN:

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SANTOSH S/O MAHADEV WALANDIKAR, AGE. 47 YEARS, OCC. AGRICULTURE, R/O. BASAVANAGAR, PART-I, DHARWAD-580001.

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…PETITIONER

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(BY SRI. SACHIN M. MAHAJAN, ADVOCATE)

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AND:

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Digitally signed by SACHIN Location: HIGH COURT OF KARNATAKA

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SUREKHA D/O IRAPPA GACHCHINAVAR, AGE. 31 YEARS, OCC. HOUSEHOLD WORK, R/O. IBRAHIMPUR, WARD NO. 21, NEAR MARAGAMMA TEMPLE, VIJAYAPURA-586101.

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…RESPONDENT

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THIS RPFC IS FILED U/S. 19(4) OF THE FAMILY COURTS ACT, PRAYING TO ALLOW THE REVISION PETITION BY SETTING ASIDE THE JUDGMENT AND ORDER DATED 15.12.2021 PASSED BY THE LEARNED PRL. JUDGE, FAMILY COURT, VIJAYAPURA, IN CRL. MISC. NO.275/2021 AND ALLOW THE PETITION.

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THIS PETITION COMING ON FOR ORDERS, THIS DAY THE COURT MADE THE FOLLOWING:

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2 - NC: 2024:KHC-K:151 RPFC No. 200017 of 2022

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ORDER

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Heard the learned counsel appearing for the parties.

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Petitioner is assailing the order dated 15.12.2021 in Crl.Misc.No.275/2021 on the file Principal Judge, Family Court, Vijayapura dismissing the application filed by the petitioner under Section 126(2) of the Code of Criminal Procedure (Cr.P.C).

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Perusal of the petition averments would indicate that the respondent has filed application under Section 125 of Cr.P.C in Crl.Misc.No.564/2017 and the jurisdictional Court awarded maintenance of `6,000/- to the respondent herein by order dated 09.11.2021. Feeling aggrieved by the same, the petitioner has presented the application under Section 126(2) of Cr.P.C.

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Taking into account the finding recorded by the Family Court, I am of the view that though the petitioner herein dispute the relationship with the respondent herein, however that may not be a ground to setting aside the order passed by the Family Court granting maintenance.

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3 - NC: 2024:KHC-K:151 RPFC No. 200017 of 2022

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In that view of the matter, taking into account, the finding recorded by the Family Court, I am of the opinion that petitioner has not made out a case for interfering with the order passed by the Family Court. Accordingly, petition is dismissed.

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Sd/JUDGE

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List No.: 2 Sl No.: 3

Santosh S/O Mahadev Walandikar v. Surekha D/O Irappa Gachchinavar

Case brief

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Santosh S/O Mahadev Walandikar v. Surekha D/O Irappa Gachchinavar

Case brief

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What did the court decide?

What the court decided

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