Dismissed¶41

Shashikant Bhimappa Yankanchi v. Jyoti W/O Shashikant Yankanchi

Karnataka HC28 Jan 2025RPFC/100142/2023

Case brief

AI extract

What is this about?

Karnataka HC Dharwad Bench; NC: 2025:KHC-D:1617; RPFC No.100142 of 2023; Justice E.S.Indiresh; decided 28.01.2025; maintenance revision under Sec.19(4) Family Court Act, 1984 r/w Sec.115 CPC; challenge to Family Court Hubballi order in Crl.Misc.No.157/2012 granting Rs.10,000/- p.m. maintenance to wife; husband's plea of unemployment after Singapore job loss and wife leaving matrimonial home rejected; Crime No.85/2010, Sections 498-A/147/143 IPC; revision dismissed.

What did the court decide?

None; the Family Court's direction to the husband to pay Rs.10,000/- per month as maintenance to the wife stands, no interference having been called for. ¶41

Shashikant Bhimappa Yankanchi Vs Jyoti W/O Shashikant Yankanchi — Karnataka HC (2025) — LawSathi Research

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1 - NC: 2025:KHC-D:1617 RPFC No. 100142 of 2023

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IN THE HIGH COURT OF KARNATAKA,

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DHARWAD BENCH

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DATED THIS THE 28^TH DAY OF JANUARY, 2025

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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. 100142 OF 2023 (-)

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BETWEEN:

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SHASHIKANT BHIMAPPA YANKANCHI, AGE. 42 YEARS, OCC. SERVICE, R/O. ‘NATARAJ’, ANAND NAGAR, BADAMI, DIST. BAGALKOT 587201.

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…PETITIONER

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(BY SRI. MAHESH WODEYAR, ADVOCATE)

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AND:

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JYOTI W/O. SHASHIKANT YANKANCHI, AGE. 41 YEARS, OCC. HOUSEHOLD WORK, R/O. HOUSE NO.10, LIG, SANTOSH NAGAR, POST VIJAY NAGAR, HUBBALLI 580032.

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…RESPONDENT

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MANJANNA E

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Digitally signed byMANJANNA E Location: High Court ofKarnataka, Dharwad BenchDate: 2025.02.01 11:43:06+0530

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(SERVED AND UNREPRESENTED)

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THIS RPFC IS FILED UNDER SEC.19(4) OF THE FAMILY COURT ACT, 1984 R/W 115 CPC, PRAYING TO CALL FOR THE RECORDS AND ALLOW THE REVISION PETITION AND SET ASIDE THE ORDER DATED 05.05.2023 PASSED BY THE Ld. PRINCIPAL JUDGE, FAMILY COURT, HUBBALLI IN CRL.MISC.NO.157/2012 AND CONSEQUENTLY DISMISS THE CRL.MISC.NO.157/2012 IN THE INTEREST OF JUSTICE.

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

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2 - NC: 2025:KHC-D:1617 RPFC No. 100142 of 2023

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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 respondent in Crl.Misc.No.157/2012 challenging the order dated 05.05.2023 on the file of the Principal Judge, Family Court, Hubballi¹ awarding maintenance to the respondent herein.

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For the sake of convenience, the parties are

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referred to as per their ranking before the Family Court.

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It is the case of the petitioner that the marriage between the petitioner and respondent was solemnized on 27.04.2009 at Hubballi and the respondent was working as Aircraft Engineer at Singapore and was used to come to India twice in a year. It is also stated in the petition that, the family members of the respondent have not taken care of the needs of the petitioner and not even provided food and have threatened the life of the petitioner and accordingly the petitioner left the matrimonial home. It is also forthcoming from the petition that the petitioner –

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1 Hereinafter referred to as ‘Family Court’

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3 - NC: 2025:KHC-D:1617 RPFC No. 100142 of 2023

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wife has lodged complaint before the Badami police station and same was registered as Crime No.85/2010 for the offences punishable under Sections 498-A, 147 and 143 of IPC and registered in C.C.No.63/2010. It is the case of the petitioner that she is residing along with her parents and accordingly filed Crl.Misc.No.157/2012 seeking maintenance from the respondent – husband.

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After service of notice, the respondent – husband entered appearance and filed detailed statement of objection stating that, on account of the FIR registered against him he lost the job in Singapore (Asian Surface Technologies Private Limited, Singapore) and he is residing with his parents but not working. Hence, the respondent has sought for dismissal of the petition.

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The Family Court after considering the material on record, by its order dated 05.05.2023, allowed the petition in part by directing the respondent – husband to pay monthly maintenance of Rs.10,000/- to the petitioner

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4 - NC: 2025:KHC-D:1617 RPFC No. 100142 of 2023

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– wife. Feeling aggrieved by the same, the respondent has presented the present petition.

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Heard Sri.Mahesh Wodeyar, learned counsel appearing for the petitioner.

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It is the argument advanced by the learned counsel appearing for the petitioner that the petitioner never neglected his wife and was looking after her as a dutiful wife, however, she herself has left the matrimonial home and as such the respondent herein is not entitled for maintenance from the petitioner.

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Having taken note of the submission made by

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the learned counsel appearing for the petitioner, it is not in dispute with regard to the relationship between the parties. Perusal of the finding recorded by the Family Court would indicate that the criminal cases are pending consideration before the competent Courts. Though the learned counsel appearing for the petitioner herein submitted that the petitioner herein is not working,

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5 - NC: 2025:KHC-D:1617 RPFC No. 100142 of 2023

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however, taking into consideration the livelihood of the respondent herein is concerned as she is residing at Hubballi city, grant of maintenance of Rs.10,000/- per month to the respondent herein by the Family Court is just and proper and no interference is called for in this petition.

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Accordingly, the petition is dismissed.

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Sd/(E.S.INDIRESH) JUDGE

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SH CT:ANB List No.: 1 Sl No.: 24

Shashikant Bhimappa Yankanchi v. Jyoti W/O Shashikant Yankanchi

Case brief

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Shashikant Bhimappa Yankanchi v. Jyoti W/O Shashikant Yankanchi

Case brief

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