IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF FEBRUARY, 2019 BEFORE THE HON'BLE MR.JUSTICE ASHOK G. NIJAGANNAVAR R.P.F.C.NO.74 OF 2016 BETWEEN:
1. Smt.Naheeda Rahaman, D/o. K.Abdul Rahaman, Aged about 34 years, 2. Saniya Sawar, D/o. Juber Ahamed Sawar, Aged about 13 years, 3. Ijhan Sawar, S/o. Juber Ahamed Sawar, Aged about 10 years, 4. Mariyam Sawar, D/o Juber Ahamed Sawar, Aged about 7 years, Petitioner Nos.2 and 4 being minors, Rep. by their mother Petitioner No.1.
All are residents of No.86, 4th Cross, B-Block, Devaraj Urs Extension, Davanagere-577 002. …Petitioners (By Sri M.R.Hiremathad, Adv.,) AND:
Juber Ahamed Sawar @ Juber A.Sawar, S/o. Hameed Sawar @ Abdul Hameed Sawar, Aged about 40 years, Residing at Afreen Building, 1st Cross, Vivekananda Nagara, Opposite to modern Hall, Dharawad, (Ex-Parte)-580 001. …Respondent This RPFC is filed under Section 19(4) of the Family Courts Act, against the order dated:30.09.2015 passed in Cr.Mis.No.218/2015 on the file of the Judge, Family Court, Davanagere, partly allowing the petition filed under Section 125 of Cr.P.C for maintenance.
This RPFC coming on for Orders this day, the Court made the following:
ORDER Learned counsel for the petitioners has filed a memo submitting that Family Court Davanagere, has passed the order in Crl.Misc.No.218/2015. Now after a lapse of four years circumstances are changed. Therefore, the petitioners intend to file a fresh petition under changed circumstances.
2. Considering the submission of the learned counsel for the petitioners, memo is placed on record. Petition is dismissed, reserving liberty to the petitioners to file a fresh petition, if permissible under law.
Sd/- JUDGE DS