Sri. Avula Reddy vs Smt. Lakshmidevamma
2021 Latest Caselaw 1289 Kant

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       IN THE HIGH COURT OF KARNATAKA AT BENGALURU

         DATED THIS THE 21ST DAY OF JANUARY, 2021

                         BEFORE

           THE HON'BLE MR. JUSTICE H.P. SANDESH

              CRIMINAL PETITION No.7937/2020

BETWEEN:

SRI. AVULA REDDY
S/O LATE AVULAKONDAPPA
AGED ABOUT 76 YEARS
R/AT APPIREDDY HALLI VILLAGE
SOMENAHALLI HOBLI
GUDIBANDE TALUK
CHIKKABALLAPURA DISTRICT - 562 104          ... PETITIONER

             (BY SRI. SOMANATHA H, ADVOCATE)

AND:

SMT. LAKSHMIDEVAMMA
W/O AVULA REDDY
AGED ABOUT 67 YEARS
R/AT APPIREDDY HALLI VILLAGE
SOMENAHALLI HOBLI
GUDIBANDE TALUK
CHIKKABALLAPURA DISTRICT - 562 104        ... RESPONDENT

       THIS CRIMINAL PETITION IS FILED UNDER SECTION
UNDER SECTION 482 OF CR.P.C. PRAYING TO QUASH THE
ORDER DATED 31.08.2019 PASSED IN CRL.RP.NO.52/2019 ON
THE FILE OF THE III ADDITIONAL DISTRICT AND SESSIONS
JUDGE AT CHIKKABALLAPURA AND ETC.
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     THIS CRIMINAL PETITION COMING ON FOR ADMISSION
THIS DAY, THE COURT MADE THE FOLLOWING:


                           ORDER

Heard learned counsel appearing for the petitioner.

2. This petition is filed under Section 438 of Cr.P.C,

praying this Court to quash the order dated 31.08.2019 passed

in Cr.R.P.No.52/2019 on the file of III Additional District and

Sessions Judge at Chikkaballapura and also to quash the order

dated 12.07.2019 passed in C.Misc.No.64/2018 by the Civil

Judge & JMFC., Gudibande, so far as the petitioner is concerned.

3. The factual matrix of the case is that the respondent

herein had filed a petition under Section 125 of Cr.P.C, claiming

maintenance of Rs.20,000/- per month from the petitioner. The

trial Judge after considering the material on record awarded

maintenance of Rs.1,500/- per month. Being aggrieved by the

order, the respondent herein has filed Crl.R.P.No.52/2019

contending that the respondent is drawing a pension amount of

Rs.29,553/- per month. The maintenance awarded by the Trial

Court is very meager i.e., Rs.1,500/- per month. The Revisional

Court considering the Judgment of the Apex Court in the case of

Kalyan Dey Chowdhury v. Rita Dey Chowdhury reported in

(2017) 14 SCC 200, wherein, the Apex Court held that, the

wife is entitled 25% of net salary of husband. Having taken note

of the same, the Revisional Court awarded maintenance of

Rs.7,400/- per month.

4. The contention of learned counsel appearing for the

petitioner is that the award passed by the revisional Court is on

higher side and it requires an interference of this Court. The

learned counsel also produced the photograph of the petitioner

contending that he was aged about 76 years and not able to

earn.

5. Having perused the reasons assigned by the

Revisional Court in modifying the order of Trial Court relied upon

the Judgment of the Apex Court in the case of Shilja and

another v. Khobanna reported in (2018) 12 SCC 199, came

to the conclusion that the maintenance awarded by the Trial

Court is very meager i.e., Rs.1,500/- per month. It is also

observed that as per the pension statement, he is drawing the

pension amount of Rs.29,553/- as on 26.06.2019. Apart from

that, he would get Dearness Allowance also.

6. Having perused the reasons assigned by the

Revisional Court, I do not find any error committed by the

Revisional Court and the scope of revision also is very limited.

Considering the material on record, the pension amount and also

the agricultural land he was possessed and also taking note of

the cost of living, I do not find any error committed by the

Revisional Court in enhancing the maintenance amount to

Rs.7,400/- per month.

7. In view of the discussions made above, I pass the

following:

ORDER

The petition is dismissed.

In view of dismissal of the main petition, I.A.No.1/2020 for

stay does not survive for consideration and the same stands

disposed of.

Sd/-

JUDGE

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