Shri Manjunath Kalwad S/O Late Mahadev Vs Smt Tanuja Urf Lata Kalwad W/O Manjunath Kalwad

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NC: 2026:KHC-D:1401 RPFC No. 100006 of 2026

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 2^ND DAY OF FEBRUARY, 2026 BEFORE

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THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR REVISION PETITION FAMILY COURT NO.100006 OF 2026

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BETWEEN:

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SHRI MANJUNATH KALWAD S/O. LATE MAHADEV, AGE: 39 YEARS, OCC: COOLIE, R/O. NAVALUR AGASI, HOSAYALLAPUR, DHARWAD, TQ. & DIST. DHARWAD-580001.

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…PETITIONER

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(BY SRI PRAKASH S. GUDIHINDIN, ADVOCATE)

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AND:

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Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: High Court of Karnataka, Dharwad Bench

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SMT. TANUJA URF LATA KALWAD W/O. MANJUNATH KALWAD, AGE: 37 YEARS, OCC: HOUSEHOLD, R/O. NAVALUR AGASI, HOSAYALLAPUR, DHARWAD, TQ. AND DIST. DHARWAD.

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KUM. SUPRIYA KALWAD, D/O. MANJUNATH KALWAD, AGED ABOUT 9 YEARS, OCC: STUDENT, R/O. NAVALUR AGASI, HOSAYALLAPUR, DHARWAD.

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NC: 2026:KHC-D:1401 RPFC No. 100006 of 2026

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HC-KAR

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KUMAR UDAYRAJ KALWAD, S/O. MANJUNATH KALWAD, AGED ABOUT 7 YEARS, OCC: NIL, R/O. NAVALUR AGSI, HOSAYALLAPUR, DHARWAD, TQ. AND DIST. DHARWAD. RESPONDENT 1 TO 3 ARE NOW R/O. KATTIMANI BUILDING, OPP. AMBABHAVANI TEMPLE, KATTIMANI CHAL, JAI BHEEMA NAGAR CIRCLE, HOSAYALLAPUR, DHARWAD-580001. (NOTE: RESPONDENTS NO.2 & 3 ARE MINOR REP. BY HIS NATURAL GUARDIAN MOTHER AND NEXT FRIEND, THE RESPONDENT NO.1 HEREIN)

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…RESPONDENTS

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(NOTICE TO R1 HELD SUFFICIENT)

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THIS RPFC IS FILED UNDER SECTION 19(4) OF FAMILY COURTS ACTS, 1984, PRAYING TO CALL FOR THE ENTIRE RECORDS OF THE CASE IN CRL.MISC.NO.314/2022 FROM THE COURT OF THE PRINCIPAL JUDGE, FAMILY COURT, DHARWAD AND SETTING ASIDE THE IMPUGNED EXPARTE ORDER DATED 12.09.2024 PASSED BY THE LEARNED PRINCIPAL JUDGE, FAMILY COURT, DHARWAD IN CRL.MISC.NO.314/2022 AND REDUCING MAINTENANCE IN THE INTEREST OF JUSTICE.

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

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NC: 2026:KHC-D:1401 RPFC No. 100006 of 2026

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HC-KAR

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ORAL ORDER

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(PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR)

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This revision petition is filed under Section 19(4) of the Family Courts Act, 1984, calling in question the order dated 12.09.2024 passed in Crl.Misc.No.314/2022 on the file of Principal Judge Family Court, Dharwad¹ , thereby the Family Court allowed the petition filed under Section 125 of the Code of Criminal Procedure, 1973, by the wife and children and granted monthly maintenance of Rs.5,000/- to the wife and Rs.4,000/each to the children.

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The only grievance of the revision petitioner/husband is that no opportunity was given to him to contest the case before the Family Court. Therefore, prayed for remand of the matter to the Family Court.

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Upon considering the order passed by the Family Court, it is observed that notice was issued to the revision petitioner/husband, who was the respondent before the Family Court. However, the revision petitioner/husband did not receive the notice. As the husband/revision petitioner refused to receive

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1 Hereinafter referred to as the ‘Family Court’

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NC: 2026:KHC-D:1401 RPFC No. 100006 of 2026

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HC-KAR

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the notice, the Family Court proceeded ex parte, for which, there is no fault on the part of the Court. Therefore, the matter was inevitably proceeded with ex parte.

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However, this Court deems fit to give one more opportunity to the revision petitioner/husband to contest the petition, subject to the condition that he shall deposit a sum of Rs.1,00,000/- before the Family Court within a period of three weeks from today.

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It is submitted that the revision petitioner has already paid Rs.25,000/- to the wife and children. Therefore, he is directed to deposit the remaining amount of Rs.75,000/- before the Family Court within a period of three weeks from today. Upon such deposit, the wife and children are at liberty to receive the said amount.

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Hence, I proceed to pass the following:

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ORDER

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a) The petition is allowed ;

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b) The order dated 12.09.2024 passed in Crl.Misc.No.314/2022 on the file of Principal

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NC: 2026:KHC-D:1401 RPFC No. 100006 of 2026

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HC-KAR

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Judge Family Court, Dharwad, is set aside and the matter is remitted back to the said Family Court, subject to the condition that the revision petitioner deposits a sum of Rs.75,000/- before the Family Court;

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c) The revision petitioner/husband shall appear before the Family Court on 16.02.2026 without expecting any further notice from the Family Court;

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d) The Family Court shall issue notice to the respondents, namely, wife and children, conduct an enquiry, hear the matter afresh, and pass appropriate orders in accordance with law;

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e) No order as to cost.

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Sd/(HANCHATE SANJEEVKUMAR) JUDGE

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PMP /CT-AN List No.: 1 Sl No.: 16

Shri Manjunath Kalwad S/O Late Mahadev v. Smt Tanuja Urf Lata Kalwad W/O Manjunath Kalwad

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Shri Manjunath Kalwad S/O Late Mahadev v. Smt Tanuja Urf Lata Kalwad W/O Manjunath Kalwad

Case brief

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