High Court Remits Maintenance Dispute Back to Family Court

High Court Remits Maintenance Dispute Back to Family Court


In a recent judgment, the High Court of Karnataka at Bengaluru addressed two revision petitions related to a maintenance dispute between spouses, Smt. Gowramma and Sri. Nanjaiah.

Petition Details:

Smt. Gowramma filed RPFC No. 267 of 2023 seeking enhancement of maintenance, while Sri. Nanjaiah filed RPFC No. 174 of 2023 challenging the maintenance granted to his wife by the Family Court.

Disputed Claims:

The wife alleged desertion by the husband and filed a petition under Section 125 of the Criminal Procedure Code (Cr.P.C.) seeking maintenance. However, the husband contended that the wife was leading an adulterous life, thereby voluntarily leaving the house.

Court’s Analysis:

The High Court examined the evidence presented, including a police complaint lodged by the wife against another individual named Krishna for failing to marry her. This complaint was filed after the Family Court’s decision. The husband claimed that the wife’s allegations of adultery were substantiated by this complaint. However, the court found discrepancies and remitted the matter back to the Family Court for fresh consideration.

Judgment and Orders:

The High Court allowed the husband’s petition and disposed of the wife’s petition. It set aside the previous judgment of the Family Court and directed the Family Court to re-examine the case, allowing both parties to present additional evidence. The court also maintained the interim relief granted to the wife until the Family Court’s final decision.


This judgment highlights the importance of consistency and reliability of evidence in maintenance disputes. By remitting the case back to the Family Court, the High Court ensures a fair and thorough examination of the allegations presented by both parties, in accordance with the relevant legal provisions.

Download Judgment

Leave a Comment

Your email address will not be published. Required fields are marked *

Scroll to Top