IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF JULY, 2019 BEFORE THE HON’BLE MR. JUSTICE SREENIVAS HARISH KUMAR RPFC No.58 OF 2019 BETWEEN 1. Smt. Sakamma, W/o. T.Parasappa, Age 48 years, Housewife, 2. T.P.Sudeep, S/o. T.Parasappa, Age 16 years, Student, 3. Kum. Suneetha, D/o. T.Parasappa, Age 11 years, Student, Petitioners No.2 & 3 being minors, Represented by their natural mother/ Guardian Petitioner No.1 All are R/o. Araganahalli Village, Arasikere Hobli, Harapanahalli Taluk, Davanagere District-577001.
(By Smt. Saritha Kulkarni, Advocate) AND T.Parasappa, S/o. Durgappa, Age 51 years, R/o. No.Chikkamegalagere Village, …Petitioners Harpanahalli Taluk, Davangere-577001.
(Notice to respondent is held sufficient vide order dated 31.05.2019) …Respondent This RPFC is filed under Section 19(4) of Family Courts Act, 1984 against the order dated 26.02.2019 passed in Cri.Misc.No.313/2016 on the file of the Judge, Family Court, Davanagere, dismissing the petition filed under Section 125 of Cr.P.C as not maintainable for want to territorial jurisdiction.
This RPFC coming on for admission, this day, the Court made the following :
ORDER Heard the petitioners counsel. Respondent is served but has not entered appearance.
2. This petition is filed by the petitioners in Crl. Misc.
No. 313/2016 on the file of the Family Court, Davanagere. The petitioners initiated proceedings under section 125 Cr.P.C. claiming maintenance from the respondent. The Family Court, Davanagere, observing that the petitioners are the residents of Araganahalli Village, Arasikere Hobli, Harapanahalli Taluk and that the respondent is also a resident of another village called Chikkamegalagere, Harapanahalli Taluk, dismissed the petition for want of territorial jurisdiction. Therefore, this petition before this court.
3. Learned counsel for the petitioners submits that the petitioners had earlier filed a maintenance petition at Davanagere court and that it ended in a compromise. The parties were also living at Davanagere. Therefore, the petitioners once again approached the Family Court claiming maintenance on the impression that their petition was maintainable in that court. She submits that this petition now be allowed and remanded to the court having jurisdiction to meet the ends of justice.
4. Without standing on the technicalities, noticing the fact that the petitioners and the respondent are now residing in villages at Harapanahalli Taluk which is now included in Bellary District, the petition can be allowed and remanded to the court of I Class Judicial Magistrate at Harapanahalli for decision on this petition on merits. Ordered accordingly. The petitioner shall appear before the court of I Class Judicial Magistrate at Harapanahalli on 5.8.2019. The Judicial Magistrate, Harapanahalli shall issue notice to the respondent/husband and secure his presence.
Sd/- JUDGE Ckl