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IN THE HIGH COURT OF KARNATAKA

KALABURAGI BENCH

DATED THIS THE 14^TH DAY OF JULY, 2021

BEFORE

THE HON’BLE MR.JUSTICE P.N.DESAI

R.P.F.C.No.200010/2019

BETWEEN:

SHARANAPPA GOUDA S/O AMMAN GOWDA MALIGOUDRU

AGE: 43 YEARS OCC: AGRICULTURE

R/O: NAGRAAL VILLAGE TQ: SURAPUR

DIST: YADGIR.

…PETITIONER

(BY SRI. KRUPA SAGAR PATIL, ADVOCATE)

AND:

DURUGAMMA W/O SHARANAPPA GOUDA

AGE: 40 YEARS OCC: HOUSEHOLD

R/O: NAGRAAL VILLAGE, TQ: SURAPUR

DIST: YADGIR - 563 135

NOW R/AT C/O: MAILARI S/O NARASANNA

H.NO.9-5-104, MADDIE, NEAR AYYBOUDI

RAICHUR-584 101.

…RESPONDENT

(NOTICE TO RESPONDENT SERVED)

THIS REVISION PETITION FAMILY COURT FILED

UNDER SECTION 19(4) OF THE FAMILY COURT ACT.,

PRAYING TO ALLOW THE REVISION PETITION AND SET-

ASIDE THE ORDER DATED 28.11.2018, PASSED BY THE

PRL. JUDGE, FAMILY COURT, RAICHUR, IN CRL.MISC.NO.

155/2018.

THIS PETITION IS COMING ON FOR ORDERS THIS

DAY, THE COURT MADE THE FOLLOWING:

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O R D E R

Heard Sri. Krupa Sagar Patil, the learned counsel

for the petitioner. The respondent is absent. Perused the

order of the Family Court.

02.

This petition is filed praying to set-aside the

order dated 28.11.2018 passed by the Prl. Judge,

Family Court, at Raichur, in Crl.Misc.No.155/2018.

03.

It is contended by the revision petitioner that

his wife has filed petition under Section 125 of Cr.P.C.

on the file of the Prl. Judge, Family Court, at Raichur in

Crl.Misc.No.155/2018 with a prayer to award monthly

maintenance of Rs.10,000/-. The marriage of the

petitioner with respondent was performed 13 years back

and they have got two children. It is alleged by the wife

that her husband cultivated the habit of consuming

alcohol, gambling and started having illegal relationship

with other women and harassing her for bringing money

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from her parents' house. It is also alleged that her

husband married to another lady by name Renuka. It is

further contended that when the she came to know

about the second marriage, she along with her relatives

approached the husband and his family members about

the second marriage, but her husband and his family

members did not respond properly and abused her and

gave life threat to her and her family members. It is

further alleged that her husband neglected and refused

to provide her basic needs and she has no source of

income. The family of the husband is having landed

property. Hence, she approached the Court to award

maintenance at Rs.10,000/- per month.

04.

The husband has filed his objections before

the Family Court stating that the said maintenance

petition is filed at the instance of two persons namely

Narasappa and Anblayya Gouda. He further contended

that his wife lived with him only for a period of 05 years

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from the date of marriage. Thereafter, she voluntarily

left the company of her husband and deserted him

leaving behind the minor son and daughter. He further

contended that he has to look after his entire family

consisting of three brother, sister and parents and his

children. He is not owning agricultural land as

contended by her wife. Accordingly, he has prayed to

dismiss the petition.

05.

The respondent - wife got examined herself

before the Family Court as PW.1 and got examined one

more witness as PW.2 and got marked eight documents

as Exs.P.1 to 8. The petitioner - husband has got

examined himself as RW.1 and got marked seven

documents as Exs.R.1 to 7.

06.

The Family Court after hearing both sides

has passed the impugned order. Aggrieved by the same,

the petitioner has filed this petition.

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07.

The

learned

counsel

for

the

revision

petitioner - husband argued that the landed property is

not standing in petitioner's name. He has got brothers

and sisters and he has to maintain them. The

maintenance awarded by the Family Court is exorbitant.

His wife has filed the maintenance petition at the

instance of some other persons. She has also filed

ear