Shri Sharanayya S/O Shekayya Hiremath Vs Smt Vanita Aliyas Kavya W/O Sharanayya Hiremath

SMT. VANITA ALIYAS KAVYA W/O. SHARANAYYA HIREMATH, AGE: 24 YEARS, OCC. HOUSEHOLD WORK, R/O: BOMMANAKATTI VILLAGE, TQ. HAVERI, DIST. HAVERI, NOW RESIDING AT KALLADEVAR, TQ. BYADAGI, DIST. HAVERI 581111.

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(BY SRI. NAVEEN CHATRAD, ADVOCATE)

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…RESPONDENT

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THIS RPFC IS FILED UNDER SEC.19(4) OF THE FAMILY COURT ACT, 1984, PRAYING TO KINDLY ALLOW THE PETITION AND KINDLY SET ASIDE THE IMPUGNED JUDGMENT ORDER DATED 23.01.2024, IN CRI.MISC.NO.34/2023 PASSED BY THE PRINCIPAL JUDGE, FAMILY COURT, HAVERI AND CONSEQUENTLY ALLOW THE PETITION FILED BY THE PETITIONER AND KINDLY CALL FOR RECORDS.

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2 - NC: 2025:KHC-D:627 RPFC No. 100045 of 2024

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

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CORAM: THE HON'BLE MR. JUSTICE E.S.INDIRESH

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ORAL ORDER

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Heard the learned counsel appearing for the parties.

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This Revision Petition is filed by the respondent challenging the order dated 23.01.2024 in Criminal Miscellaneous No.34/2023 on the file of Principal Judge, Family Court, Haveri (for short, hereinafter referred to as ‘Family Court’) awarding maintenance of Rs.7,000/- per month to the petitioner.

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For the sake of convenience, the parties are

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referred to as per their raking before the Family Court.

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It is the case of the petitioner that the marriage between the petitioner and the respondent was solemnized on 25.04.2021 and thereafter, the respondent and his parents have suspicious about the petitioner, so also, sought for dowry and as such the petitioner has left the matrimonial home having not tolerated inhuman treatment. Hence, petitioner has filed Criminal Miscellaneous No.34/2023 seeking maintenance.

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3 - NC: 2025:KHC-D:627 RPFC No. 100045 of 2024

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On service of notice, the respondent entered appearance and filed detailed written statement. It is the specific case of the respondent that the respondent had filed MC No.87/2022 seeking restitution of conjugal rights and as the petitioner has left the matrimonial home voluntarily and accordingly, sought for dismissal of the petition.

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The Family Court after considering the material on record by its order dated 23.01.2024 allowed the petition in part and directed the respondent – husband to pay monthly maintenance of Rs.7,000/- to the petitioner. Feeling aggrieved by the same, the respondent - husband has preferred this petition.

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Heard Sri. M. R. Hiermathad, learned counsel

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appearing for the petitioner and Sri. Naveen Chatrad, learned counsel appearing for the respondent.

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It is contended by learned counsel appearing for the petitioner that the respondent herein has left the matrimonial home without any cause and MC No.87/2022 filed under Section 9 of Hindu Marriage Act, 1955, came to be decreed and therefore, sought for interference of this Court.

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4 -

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NC: 2025:KHC-D:627 RPFC No. 100045 of 2024

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Per contra, learned counsel for the respondent sought to justify the impugned order.

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In the light of submissions made by learned counsel appearing for the parties, the marriage between the petitioner and respondent was solemnized on 25.04.2021. On careful consideration of finding recorded by the Family Court that, the petitioner herein has filed MC No.87/2022 seeking restitution of conjugal rights and same came to be decreed and the said fact makes it clear that the parties are residing separately.

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Taking into consideration the livelihood of the respondent herein is concerned and also Ex.P4 to P8, I am of the view that, the award of maintenance by the Family Court is just and proper and accordingly, revision petition is dismissed.

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Amount in deposit by the petitioner herein, if any, be released in favour of the respondent upon due identification.

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Sd/(E.S.INDIRESH) JUDGE

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List No.: 1 Sl No.: 24

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SMM CT:ANB

Shri Sharanayya S/O Shekayya Hiremath v. Smt Vanita Aliyas Kavya W/O Sharanayya Hiremath

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Shri Sharanayya S/O Shekayya Hiremath v. Smt Vanita Aliyas Kavya W/O Sharanayya Hiremath

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