Manjunatha vs Smt Umashree

Karnataka High Court

Manjunatha vs Smt Umashree on 3 June, 2024

Author: V Srishananda

Bench: V Srishananda

                                         -1-
                                                     NC: 2024:KHC:18735
                                                 CRL.RP No. 235 of 2021




              IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                    DATED THIS THE 3RD DAY OF JUNE, 2024

                                      BEFORE
                   THE HON'BLE MR JUSTICE V SRISHANANDA
                CRIMINAL REVISION PETITION NO. 235 OF 2021
            BETWEEN:

            MANJUNATHA S/O THIMMAIAH,
            AGED ABOUT 44 YEARS,
            R/AT NO.2332, HEROHALLI,
            MAGADI MAIN ROAD,
            MAHADESHWARA NAGARA,
            BENGALURU - 560 058.
                                                           ...PETITIONER
            (BY SRI. SURESH D DESHPANDE., ADVOCATE)

            AND:

            SMT. UMASHREE W/O MANJUNATH,
            AGED ABOUT 30 YEARS,
            R/AT NO.563/P, 10TH A CROSS,
            3RD STAGE, WEST OF CHORD ROAD,
            BASAVESHWARANAGARA,
Digitally   BENGALURU - 560 079.
signed by
MALATESH                                                  ...RESPONDENT
KC
Location:   (RESPONDENT SERVED)
HIGH
COURT OF         THIS CRL.RP IS FILED U/S.397 R/W 401 OF CR.P.C., PRAYING
KARNATAKA
            TO SET ASIDE THE IMPUGNED ORDER DATED 11.07.2019 PASSED
            BY THE LEARNED METROPOLITAN MAGISTRATE, TRAFFIC COURT-V,
            BENGALURU IN CRL.MISC.NO.82/2013 AND ALSO THE JUDGMENT
            DATED 20.02.2020 PASSED BY THE LXVIII ADDITIONAL CITY CIVIL
            AND SESSIONS JUDGE, BENGALURU CITY IN CRIMINAL APPEAL
            NO.1706/2019.

                THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE
            COURT MADE THE FOLLOWING:
                               -2-
                                            NC: 2024:KHC:18735
                                       CRL.RP No. 235 of 2021




                           ORDER

Heard Sri. Suresh.D.Deshpande, learned counsel for the revision petitioner.

2. The revision petitioner is the husband of the respondent, the relationship between the parties were not cordial and therefore, the respondent was constrained to file a petition under the provisions of Protection of Women from Domestic Violence Act, 2005, whereunder the learned trial Magistrate instead of directing restoration of the shared residence, granted the alternative remedy of granting a maintenance in a sum of Rs.6,000/- per month.

3. Sri. Deshpande submits that the salary of the revision petitioner is Rs.17,000/- and therefore ordering sum of Rs.6,000/- as interim maintenance causes hardship for him. Since the order is interim order and final matter is yet to be finalized by the learned trial Magistrate, this Court does not find any legal error so as to entertain the revision petition.

NC: 2024:KHC:18735 CRL.RP No. 235 of 2021

4. Accordingly, the following:

ORDER

(i) Admission declined, revision petition stands dismissed.

Sd/-

JUDGE SMJ List No.: 1 Sl No.: 42