Tulashigerappa S/O RAMRaDDI SHIVAraddi Vs Smt Mallavva W/O Ramaraddi Shivaraddi

SMT. MALLAVVA W/O. RAMARADDI SHIVARADDI, AGE: 77 YEARS, OCC: HOUSE WORK, R/O: ARASHINAGODI, TQ. NARAGUND, DIST. GADAG, N/R. VASAPPA GOVINDAPPA HEBASUR, KURTAKOTI.

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SMT. MALLAVVA W/O. RAMARADDI, OCC. HOUSE WORK,

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NC: 2025:KHC-D:1166 RPFC No. 100126 of 2023

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R/O. ARSHINGODI, TQ. NARGUND, DIST. GADAG.

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…RESPONDENTS

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(BY SRI. S. S. BAWAKHAN , ADVOCATE)

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THIS RPFC IS FILED UNDER SEC.19(4) OF THE FAMILY COURT ACT, PRAYING THAT THE IMPUGNED ORDER PASSED BY THE LEARNED JUDGE, I ADDITIONAL PRINCIPAL FAMILY COURT, GADAG IN CRL. MISC. NO.182/2022 DATED 02.06.2023 MAY PLEASE BE SET ASIDE AND SAID PETITION MAY BE DISMISSED, IN THE INTEREST OF JUSTICE AND EQUITY.

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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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This petition is filed by the respondents challenging the order dated 02.06.2023 in Crl.Misc.No.182/2022 passed by the I-Additional Principal Judge, Family Court, Gadag (for short “the Family Court”.

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For the sake of convenience, parties are referred to as per their rank before the Family Court.

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It is the case of the petitioner before the Family Court that, the petitioner is the mother of the respondents. It is

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3 - NC: 2025:KHC-D:1166 RPFC No. 100126 of 2023

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contended that the petitioner is a widow having no source of income for her livelihood. It is stated in the petition that the respondents, who are the children of the petitioner, without looking after the petitioner are residing separately and as such, she has filed a petition in Crl.Misc.No.182/2022 seeking maintenance from the respondents.

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3.1. After service of notice, the respondents entered appearance and filed detailed objections denying the averments made in the claim petition. The Family Court, after considering the material on record, by its order dated 02.06.2023 allowed the petition in part and directed the respondents to pay monthly maintenance of ₹5,000/- each to the petitioner. Being aggrieved by the same, the petitioners herein have presented this petition.

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Heard Sri. B. V. Somapur, learned counsel appearing for the petitioners herein and Sri. S. S. Bawakhan, learned counsel appearing for the respondent herein.

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It is submitted by the learned counsel for the petitioners that the mother of the petitioners herein along with three daughters have filed O.S.No.104/2021 seeking partition

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4 - NC: 2025:KHC-D:1166 RPFC No. 100126 of 2023

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and separate possession in respect of the suit schedule property and it is also argued that the respondent herein is having means of livelihood and therefore, the finding recorded by the Family Court requires to be set aside.

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Per contra, learned counsel appearing for the respondent herein sought to justify the order passed by the Family Court.

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In the light of the submissions made by the learned counsel appearing for the parties it is not in dispute that the respondent herein is the mother of the petitioners. It is also forthcoming from the finding recorded by the Family Court that the parties are residing separately and taking into account the age of the respondent herein, who is aged 77 years, I am of the view that the award of maintenance made by the Family Court is just and proper. The respondent-mother requires maintenance not only for her livelihood but also for medical expenses. In that view of the matter, I do not find any merit in the petition. Accordingly, the petition is dismissed.

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YAN, List No.: 1 Sl No.: 25

Tulashigerappa S/O RAMRaDDI SHIVAraddi v. Smt Mallavva W/O Ramaraddi Shivaraddi

Case brief

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Tulashigerappa S/O RAMRaDDI SHIVAraddi v. Smt Mallavva W/O Ramaraddi Shivaraddi

Case brief

What is this about?

What did the court decide?

What the court decided

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