Karnataka High Court
Sri.Sharad vs Smt.Janabai And Anr on 31 August, 2021
Author: H.B.Prabhakara Sastry
Bench: H.B.Prabhakara Sastry
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 31ST DAY OF AUGUST 2021
BEFORE
THE HON'BLE Dr. JUSTICE H.B.PRABHAKARA SASTRY
RPFC No.200041/2019
BETWEEN:
Sri Sharad S/o Vasant Bhushe
Aged about 36 years
Occ: JCB Driver R/o Asabebadi
Tq. Mangalawadi
Dist.Solapur-413 001
State Maharashtra
... Petitioner
(By Sri Shivayogesh Shivayogimath, Advocate
for Smt.Ratna N. Shivayogimath, Advocate)
AND:
1. Smt. Janabai W/o Sharad Bhushe
D/o Santram Jadhav
Aged about 26 years
Occ: HH Work
2. Kumar Om S/o Sharad Bhushe
Aged about 4 years
Since minor rep. by natural guardian
Mother-respondent No.1
Both are R/o Arakeri
Tq. and Dist. Vijayapura-586 101
... Respondents
(By Sri Sanganabasava B. Patil, Advocate
for R1 and R2; R2 minor represented by R1)
RPFC No.200041/2019
2
This RPFC is filed under Section 19 (4) of the Family
Courts Act praying to set aside the impugned order dated
12.01.2018 passed by the learned Principal Judge, Family
Court, Vijayapura, in Crl. Misc. No.421/2017 by allowing this
RPFC.
This RPFC coming on for Admission, through physical/
video conferencing hearing, this day the Court made the
following:
ORDER
The present petitioner was a respondent in Criminal Miscellaneous No.421/2017 in the Court of the learned Principal Judge, Family Court, at Vijayapura (hereinafter for brevity referred to as the 'Family Court') which was filed against him by the present respondents as petitioners under Section 125 of Code of Criminal Procedure (hereinafter for brevity referred to as 'Cr.P.C.') for maintenance.
The present petitioner though served with the notice in the said Criminal Miscellaneous No.421/2017 did not choose to appear before the Court, as such, showing him as absent, the matter proceeded before the Family Court, which ultimately came to be partly allowed by the impugned order dated 12.01.2018, wherein the respondent therein (petitioner herein) was directed to pay maintenance at the rate of `3,000/- per RPFC No.200041/2019 3 month to the petitioner No.1 and `2,000/- per month to petitioner No.2 in the Family Court (respondent Nos.1 and 2 herein). Aggrieved by the same, the respondent in the Family Court has preferred the present petition.
2. The respondents are being represented by their learned counsel.
3. Learned counsels from both side are physically present in the Court.
4. Though this matter is listed for admission, with the consent from both side, the matter is taken up for its final disposal.
5. The Family Court records are received and the same are placed before the Court.
6. Learned counsel for the petitioner submits that present petitioner who was a respondent in the Family Court was not given an opportunity to contest the matter and that he has got valid defence to be placed before the Court for its consideration, as such, the matter be remanded. RPFC No.200041/2019 4
Learned counsel for the respondents submits that the present petitioner who was a respondent in the Family Court himself has not chosen to appear before the Family Court and contest the matter. However, if the present petitioner undertakes to continue to pay maintenance ordered by the Family Court under the impugned order, till disposal of the matter afresh after its remand, he has no objection in remanding the matter.
7. A perusal of the order sheet maintained by the Family Court would go to show that even after service of summons, the present petitioner who was respondent in the Family Court has remained absent. As such, showing him as absent, the Family Court proceeded further in the matter and after recording the evidence led by the petitioner and hearing the arguments had proceeded to pass the impugned order.
8. The present petitioner now contends that he has valid defence to place before the Court and he has got evidence to prove that the petitioners in the Family Court (respondents herein) are not entitled for maintenance since they have got source for their livelihood.
RPFC No.200041/20195
9. Considering the nature of contention taken up by the present petitioner and also the fact that the Family Court, without even giving a single adjournment for the appearance of the respondent, has proceeded to post the matter for evidence on the very same day, on which day the respondent before it was shown served. I am of the view that the respondent who is the petitioner herein deserves an opportunity to contest the matter before the Family Court. At the same time, considering the nature of petition which was one filed under Section 125 of Cr.P.C. before the Family Court, I am of the view that in order to meet the necessities in life, including food and shelter, the respondents herein cannot be denied maintenance till disposal of the matter afresh after remanding the matter. As such, the quantum of the amount ordered by the Family Court as the maintenance amount payable by the respondent therein to the petitioners to continue to operate till disposal of the matter afresh. However, the Family Court is at liberty that not being influenced by the continuation of the said interim maintenance, it has to decide the matter afresh purely in accordance with law and on merits of the case.
RPFC No.200041/20196
10. Ordering accordingly, the present petition stands disposed of. The impugned order dated 12.01.2018 passed by the Principal Judge, Family Court, at Vijayapura in Criminal Miscellaneous No.421/2017 is set aside and the matter stands remanded to the Family Court for its fresh disposal in accordance with law, after giving opportunity to the respondent before it to file his statement of objections, if any, and to contest the matter.
It is made clear that as observed above, in the meantime and till disposal of the matter before the Family Court, the respondent before the Family Court (petitioner herein), shall continue to pay the maintenance at the rate of `3,000/- per month to the petitioner No.1 and at the rate of `2,000/- per month to the petitioner No.2 as an interim maintenance.
In order to avoid further delay in the disposal of Criminal Miscellaneous No.421/2017, both the parties are directed to appear before the said Family Court without anticipating any fresh notice or summons and to participate in its further proceedings on 27.09.2021.
RPFC No.200041/20197
Registry to transmit a copy of this order along with the Family Court records to the concerned Court immediately.
In view of disposal of the main petition, I.A.No.2/2019 does not survive for consideration.
Sd/-
JUDGE VNR