Duragappa S/O Nagappa Karur vs Nagappa S/O Mallappa Karur
2021 Latest Caselaw 5567 Kant

         IN THE HIGH COURT OF KARNATAKA
                 DHARWAD BENCH
 DATED THIS THE 06TH DAY OF DECEMBER, 2021
                         BEFORE
         THE HON'BLE MRS.JUSTICE M.G.UMA
                CRL.P.NO.101698/2019
BETWEEN :

1.      DURAGAPPA S/O NAGAPPA KARUR @ KACHCHARAVI,
        AGE: 35 YEARS, OCC: COOLIE, R/O: KARUR,
        TQ: RANEBENNUR, DIST: HAVERI. PIN-581115.

2.    RAJAPPA S/O NAGAPPA KARUR @ KACHCHARAVI,
      AGE: 34 YEARS, OCC: COOLIE,
      R/O: KARUR, TQ: RANEBENNUR,
      DIST: HAVERI. PIN-581115.
                                       ... PETITIONERS
(BY SRI.G.N.NARASAMMANAVAR., ADVOCATE)

AND :

1.      NAGAPPA S/O MALLAPPA KARUR @ KACHCHARAVI,
        AGE: 69 YEARS, OCC: AGRICULTURE,
        R/O: KARUR, TQ: RANEBENNUR,
        DIST: HAVERI. PIN-581115.

2.      GADIGEPPA S/O NAGAPPA KARUR @ KACHCHARAVI,
        AGE: 39 YEARS, OCC: COOLIE,
        R/O: KARUR, TQ: RANEBENNUR,
        DIST: HAVERI. PIN-581115.
                                         .... RESPONDENTS
(BY     SRI N.R.KUPPELUR., ADVOCATE FOR R1 & 2;
        SRI PRASHANTH MATHAPATI FOR R1 (NOC))

      THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C.
SEEKING TO SET ASIDE THE ORDER DATED 04.07.2019
PASSED BY II-ADDL. DISTRICT & SESSIONS JUDGE, HAVERI,
SITTING AT RANEBENNUR, IN CRL.R.P.NO.210/2018 AND
ORDER DATED 03.10.2018 PASSED BY THE ADDL. CIVIL JUDGE
& II-ADDL. JMFC COURT, RANEBENNUR IN CRL.MISC.NO.37/
2016, FILED U/S 125 OF CR.P.C IN THE INTEREST OF JUSTICE
AND EQUITY.
                              2




     THIS PET IT ION C OMING ON F OR ORDERS TH IS
DAY, THE COU RT MADE THE FOLLOWING:


                       : JUDGMENT :

Learned counsel for the petitioners submits

that the petitioners could not deposit 50% of the

amount of maintenance awarded by the Trial

Court.

2. Learned counsel for the respondent

No.1 seriously objects for the conduct of the

petitioners in maintaining of the petition without

paying any maintenance.

3. Heard learned counsel for the

petitioners.

4. It is a case of the unfortunate father

who fled Crl.Misc.No.37/2016 under Section 125

of the Code of Criminal Procedure claiming

maintenance from his three sons. The impugned

order was passed by the learned Additional Civil

Judge and II Additional JMFC, Ranebennur, on

03.10.2018. The award of maintenance at the

rate of Rs.1,000/- per month was challenged by

the father by filing Crl.R.P.No.210/2018 which

was came to be disposed off vide order dated

04.07.2019. The Revisional Court awarded

maintenance at the rate of Rs.2,000/- each per

month, to be paid by each of the sons, which is

impugned by two sons i.e., petitioner Nos.1 and

2 before this Court.

5. On 27.10.2021 after considering the

submission made by the parties, this Court

passed the following order:

"Heard learned counsel for the petitioners.

It is stated that the respondent No.1 is the father of the petitioners and he is aged 69 years. It is brought to the notice of the Court that no maintenance amount as ordered is paid to respondent No.1. Under such circumstances, the petitioners are directed to pay 50% of the

maintenance amount order by the Trial Court to enable this Court to consider the petition on merits."

6. In-spite of that, the petitioners herein

have never deposited any amount towards the

maintenance awarded in favour of respondent

No.1, I do not find any bonafides to consider the

contentions of the petitioners.

7. It is pertinent to note that the

petitioners have not challenged the order dated

27.10.2021, passed by this Court directing to

deposit 50% of the maintenance before the Trial

Court. I do not find any reasons to entertain this

petition. Accordingly, the petition is dismissed.

Sd/-

JUDGE EM