Shri. Mahesh S/O Balu Belgundkar Vs Smt Jyoti W/O Mahesh Belgundkar

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NC: 2025:KHC-D:5298 RPFC No. 100205 of 2023

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1 -

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 22^ND DAY OF MARCH, 2025 BEFORE

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THE HON'BLE MR. JUSTICE E.S.INDIRESH REV.PET FAMILY COURT NO. 100205 OF 2023 (-)

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BETWEEN:

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SHRI. MAHESH S/O. BALU BELGUNDKAR, AGE: 33 YEARS, OCC: BUSINESS, R/O. H.NO.419, RAM NAGARI, 1^ST CROSS, MARGAO, GOA.

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…PETITIONER

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(BY SMT. NAGARATHNA S. PATTAR, ADVOCATE) AND: SMT. JYOTI W/O. MAHESH BELGUNDKAR, AGE: 23 YEARS, OCC: HOUSEHOLD, R/O. C/O. SMT. RENUKA KRISHNA ANANDACHE, H.NO.36, BHAIRAVNATH GALLI, HONAGA, TQ: AND DIST: BELAGAVI-591156.

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…RESPONDENT

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Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.03.25 16:02:39 +0530

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THIS RPFC IS FILED UNDER SECTION 19(4) OF THE FAMILY COURT ACT 1984, PRAYING TO SET ASIDE THE ORDER DATED 28/07/2023 IN CRI.MISC. PETITION NO.393/2018 ON THE FILE OF HON’BLE PRINCIPAL JUDGE FAMILY COURT BELAGAVI PASSED IN FAVOUR OF RESPONDENTS AFTER VERIFYING THE GENUINESS AND TO PASS APPROPRIATE ORDERS AS THIS HON’BLE COURT DEEMS FIT IN THE INTEREST OF JUSTICE AND EQUITY.

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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

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2 - NC: 2025:KHC-D:5298 RPFC No. 100205 of 2023

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ORAL ORDER

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This petition is filed by the respondent –

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husband challenging the order dated 28.07.2023 in Crl.Misc.No.393/2018 on the file of the Principal Judge, Family Court, Belagavi¹ granting 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 before the Family Court that the marriage between the petitioner and respondent was solemnized on 02.05.2018. It is the case of the petitioner that, the respondent has neglected the petitioner and also, assaulting the petitioner that he would divorce her if she reveals the fact that the respondent is having an affair with another lady. Hence, the petitioner has left the matrimonial home and has filed Crl.Misc.No.393/2018 before the Family Court seeking maintenance from the respondent - husband.

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1 Hereinafter referred to as ‘Family Court’

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3 - NC: 2025:KHC-D:5298 RPFC No. 100205 of 2023

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After service of notice, the respondent –

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husband entered appearance and filed detailed objection contending that the petitioner herself has deserted the respondent denying the marital life with the respondent. Hence, sought for dismissal of the petition.

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The Family Court after considering the material on record, by its order dated 28.07.2023, allowed the petition in part by directing 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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I have heard Smt.Nagarathna S Pattar, learned counsel appearing for the petitioner.

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It is contended by the learned counsel for the petitioner that the respondent herein has left the matrimonial home without any cause and therefore sought for interference of this Court.

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4 - NC: 2025:KHC-D:5298 RPFC No. 100205 of 2023

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In the light of the submissions made by the

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learned counsel for the petitioner and on careful examination of the finding recorded by the Family Court would indicate that the marriage of the petitioner with the respondent - husband was solemnized on 02.05.2018. It is also forthcoming from the finding recorded by the Family Court that the parties are residing separately.

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Taking into consideration the fact that the

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petitioner herein is working as a jeweller and is earning as per the finding recorded by the Family Court at para No.38, I am of the view that no interference is called for.

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Accordingly, the petition is dismissed.

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Sd/(E.S.INDIRESH) JUDGE

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SH CT-MCK List No.: 1 Sl No.: 3

Shri. Mahesh S/O Balu Belgundkar v. Smt Jyoti W/O Mahesh Belgundkar

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Shri. Mahesh S/O Balu Belgundkar v. Smt Jyoti W/O Mahesh Belgundkar

Case brief

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