Sri N Balaraman vs Smt M Premavathi
2021 Latest Caselaw 5230 Kant

  IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 01ST DAY OF DECEMBER, 2021

                       PRESENT

          THE HON'BLE MR. JUSTICE B. VEERAPPA

                            AND

        THE HON'BLE Mrs. JUSTICE K.S. HEMALEKHA

   MISCELLANEOUS FIRST APPEAL No.124/2020 (FC)


BETWEEN:

SRI N BALARAMAN
S/O NAGAPPA
AGED ABOUT 60 YEARS
R/AT NO.59, 1ST PHASE
1ST STAGE, 2ND CROSS
GOKULA, SADASHIVANAGAR
BENGALURU - 560080.

WORKING AT N BALARAMAN
HOSTEL OFFICE, HOSTEL ATTENDER
INDIAN INSTITUTE OF SCIENCE
BENGALURU - 560012.
                                         ...APPELLANT
(BY SRI B.V MANJUNATH GOWDA, ADVOCATE-ABSENT)

AND:

SMT. M PREMAVATHI
W/O BALARAMAN N
AGED ABOUT 51 YEARS
R/AT SAI NAGAR, 1ST PHASE
VIDYARANYAPURA POST
CHIKKABETTAHALLI
BANGALORE - 560097.
                                        ...RESPONDENT
                            ****
                                 -2-


      THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 19 OF THE FAMILY COURTS ACT, PRAYING TO SET
ASIDE THE ORDER DATED 05.11.2019 PASSED ON I.A.NO.II
FILED UNDER SECTION 125 CR.P.C IN CRL.MISC NO.343/2018
ON THE FILE OF THE VI ADL PRL JUDGE, FAMILY COURT AT
BENGALURU.

     THIS MISCELLANEOUS FIRST APPEAL COMING ON FOR
ORDERS THIS DAY, B.VEERAPPA J., DELIVERED THE
FOLLOWING:

                        JUDGMENT

Though the case called twice, none appeared for the

appellant.

2. Office has raised objection on the

maintainability of the present appeal.

3. Since the order passed by the Family Court on

I.A.No.2 filed by the respondent under Section 125(1) of

the Cr.P.C., thereby allowing the application partly and

directed the present appellant to pay the interim

maintenance of Rs.10,000/- from the date of the order till

the disposal of the case.

4. In view of the provision to Section 19(1) of the

Family Courts Act, 1984, the appeal is not maintainable as

being the inter locutory order passed by the Family Court

in Crl.Misc.No.343/2018, on I.A.No.II under Section 125(1)

of the Code of Criminal Procedure, 1973.

5. Office objection is upheld. The appeal is

dismissed as not maintainable with liberty to avail the

remedy available in accordance with law.

6. Office to return the certified copy of the

impugned order to the learned counsel for the appellant

forthwith.

Sd/-

JUDGE

Sd/-

JUDGE

S*