Mr B G Deepak Kumar vs Smt Vedhashree @ Shilpa
2021 Latest Caselaw 5411 Kant

 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

    DATED THIS THE 3RD DAY OF DECEMBER, 2021

                      BEFORE

       THE HON'BLE MR. JUSTICE V. SRISHANANDA

CRIMINAL REVISION PETITION NO.1439 OF 2019

BETWEEN:

MR. B.G. DEEPAK KUMAR,
S/O. S. GOPALKRISHNA,
AGED 39 YEARS,
OCCUPATION: WORKING IN PRIVATE FIRM,
R/AT 519, 9TH MAIN ROAD,
HAMPINAGAR, RPC LAYOUT,
VIJAYANAGAR,
BENGALURU-560 040.
                                   ...PETITIONER
(BY SRI. VISHNU MURTHY, ADVOCATE)

AND:

SMT. VEDHASHREE @ SHILPA
W/O. B.G. DEEPAK KUMAR,
D/O. R. PUTTARAJU,
AGED ABOUT 29 YEARS,
R/AT NO.14, M.R. LANE,
MANIVARTHIPET,
BENGALURU-560 040.
                                   ...RESPONDENT
(BY SRI. V. LAKSHMIKANTH RAO, ADVOCATE)(ABSENT)

    THIS CRIMINAL REVISION PETITION IS FILED
UNDER SECTION 397 READ WITH 401 OF CR.P.C
                                   2

PRAYING TO SET ASIDE THE ORDER DATED 03.10.2019
PASSED BY THE LXIV ADDITIONAL CITY CIVIL AND
SESSIONS JUDGE, BENGALURU IN CRL.A.NO.702/2019
AND CONFIRM THE ORDER DATED12.02.2019 PASSED
BY     THE      M.M.T.C-V,   BENGALURU       IN
CRL.MISC.NO.60/2011.

     THIS CRIMINAL REVISION PETITION COMING FOR
ADMISSION, THIS DAY, THE COURT MADE THE
FOLLOWING:-

                               ORDER

Heard Sri. Vishnu Murthy, learned counsel

appearing for revision petitioner and there is no

representation of Sri. V. Lakshmikanth Rao, learned

counsel for respondent and perused the records.

2. The present revision petition is filed by the

revision petitioner/accused against the order passed by

the LXIV Additional City Civil and Sessions Judge,

Bengaluru, in Crl.A.No.702/2019 dated 03.10.2019,

whereby the revision petitioner was directed to pay a

sum of Rs.6,000/- for the wife and a sum of Rs.4,000/-

for the child as monthly maintenance who are

Respondent Nos.1 and 2.

3. Sri. Vishnu Murthy, learned counsel for the

revision petitioner contends that in respect of

matrimonial disputes, an appeal was filed before this

Court in MFA.No.10281/2013 and connected with

MFA.No.9863/2013, wherein the Division Bench of this

Court by order dated 05.02.2021 settled the dispute

between the parties including the permanent alimony.

Based on the said judgment, Sri. Vishnu Murthy,

contends that the revision petitioner is not due any

amount to the respondent.

4. Admittedly, the matter is finally settled

before the Division Bench of this Court by order dated

05.02.2021. The respondent-wife cannot proceed

against the order passed by the learned judge in the

First Appellate Court in other words order passed by the

First Appellate Court in Crl.A.No.702/2019 merges with

the order passed by MFA.No.10281/2013 and connected

matter MFA.No.9863/2013.

Accordingly, no further orders are necessary in this

revision petition.

With the above observation, revision petition

stands disposed of.

Sd/-

JUDGE

AG