IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF OCTOBER, 2019 BEFORE THE HON’BLE MRS. JUSTICE K.S.MUDAGAL R.P.F.C.NO.59/2019 BETWEEN:
SRI K.N.HARI THEERTHA S/O NARASIMHAIAH K. AGED ABOUT 40 YEARS R/AT NO.17/D, 1ST CROSS “CHANDANA RESIDENCY” 2ND FLOOR, 18TH MAIN MUNIREDDY LAYOUT CHIKKALLASANDRA BENGALURU – 560 061 … PETITIONER (BY SRI VIJAYA KUMAR T.M., ADVOCATE) AND:
K NARASIMHAIAH S/O LATE KATAIAH AGED ABOUT 73 YEARS R/AT NO.95, 22ND CROSS 6TH BLOCK, JAYANAGAR BENGALURU – 560 070 ... RESPONDENT (BY SRI B.T.MOHAN, ADVOCATE) THIS RPFC IS FILED UNDER SECTION 19(4) OF FAMILY COURTS ACT, 1984 PRAYING TO SET ASIDE THE ORDER DATED 03.10.2017 (ANNEXURE-A) PASSED BY THE COURT OF VI ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, BENGALURU IN CRL.MIS.NO.145/2016.
THIS RPFC COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Respondent is the father of the petitioner. He filed Crl.Misc.No.145/2016 before the trial Court under Section 125(d) of Cr.P.C. claiming that he is unable to maintain himself and that the petitioner despite having sufficient means has failed and neglected to maintain him. Thus, he prayed for maintenance of Rs.25,000/- per month.
2. Notice of the petition issued by the trial Court was purportedly returned with postal endorsement ‘not claimed’. Therefore the matter was proceeded ex-parte. The trial Court on recording the evidence of the respondent and on hearing him by the impugned order awarded maintenance of Rs.12,000/- per month from the date of petition till his life time.
3. Petitioner contends that the notice was not served on him and therefore, he was unable to contest the petition and thus seeks to set aside the impugned order and remand of the matter.
4. Apparently before the trial Court there was no effective service of notice of the petition. The respondent has other children also. Under the circumstances, this Court finds it just and expedient to remand the matter to the trial Court for affording opportunity to the petitioner, putting him to terms.
5. The petition is allowed. The impugned order dated 03.10.2017 passed by the VI Additional Principal Judge, Family Court, Bengaluru in Cri.Misc.No.145/2016 is hereby set aside subject to the following terms:
i) Parties shall appear before the trial Court on 30.10.2019 without any further notice.
ii) Petitioner shall deposit 50% of the arrears of maintenance awarded by the trial Court, on the date of his appearance before the trial Court and go on paying Rs.1,000/- per month to the respondent till disposal of the petition.
iii) If the petitioner fails to comply any of the aforesaid conditions, his right of defence in the matter stands forfeited.
iv) The trial Court shall dispose of the matter as expeditiously as possible and at any rate within three months from the date of appearance of the parties before it.
In view of disposal of the main matter, I.A.No.3/2019 stood disposed of.
Sd/- JUDGE KSR