Mahiboob vs Parveejbanu And Anr
2023 Latest Caselaw 2565 Kant

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                                                    CRL.RP No. 200070 of 2023




                   IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH

                              DATED THIS THE 24TH DAY OF MAY, 2023

                                            BEFORE
                        THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
                    CRIMINAL REVISION PETITION NO. 200070 OF 2023 (397-)

                   BETWEEN:

                   1.    MAHIBOOB
                         S/O MOHAMMED YUSUF DHAKANI AGED ABOUT 46
                         YEARS, OCC. KSRTC MECHANIC R/O J.M. ROAD,
                         NEAR ASTAPHEL BUNGALOW VIJAYAPUR,
                         DIST. VIJAYAPURA-586101.

                                                            ...PETITIONER
                   (BY SRI. AJAY KUMAR ASHOK KUMAR.,ADVOCATE)
                   AND:

                   1.    PARVEEJBANU AND ANR
                         D/O GAIBUSAB KOTNAL
                         AGED ABOUT 39 YEARS, OCC. H.H.WORK R/O
                         MANAGULI AGASI VIJAYAPURA DIST. VIJAYAPURA-
                         586101.
Digitally signed
by LUCYGRACE
Location: High     2.    KUMARI BIBI ASMA D/O MAHIBOOB DHAKANI
Court of
Karnataka                AGED ABOUT 12 YEARS, OCC. STUDENT R/O
                         MANAGULI AGASI VIJAYAPURA DIST. VIJAYAPURA-
                         586101.

                                                              ...RESPONDENTS
                        THIS CRL.RP FILED U/S 397(1) AND 401 OF CR.P.C BY
                   THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS
                   HONOURABLE COURT MAY BE PLEASED TO A) ALLOW THE
                   CRIMINAL REVISION PETITION AND CALL FOR THE
                   RECORDS.B) SET ASIDE THE IMPUGNED ORDER DATED
                   27.01.2023 PASSED IN CRIMINAL APPEAL NO. 19/2021 BY THE
                   IV ADDITIONAL DISTRICT AND SESSIONS JUDGE, VIJAYAPURA
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                                      CRL.RP No. 200070 of 2023




AT VIJAYAPURA AND ALSO SET ASIDE THE JUDGMENT DATED
12.05.2021 PASSED BY I ADDL. CIVIL JUDGE AND JMFC AT
VIJAYAPURA    IN   CRL.  MISC.NO.    55/2014.C)  AND
CONSEQUENTLY BE PLEASED TO DISMISS CRL.MISC.NO.
55/2014 FILED BY THE RESPONDENTS, IN THE INTEREST OF
JUSTICE.D) PASS SUCH OTHER RELIEF/S THAT THIS
HONOURABLE COURT DEEMS FIT TO GRANT IN THE FACTS
AND CIRCUMSTANCES OF THE CASE, IN THE INTEREST OF
JUSTICE.

     THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
THE COURT MADE THE FOLLOWING:
                              ORDER

This revision petition under Sections 397(1) and 401 of Cr.PC is filed challenging the order dated 12.5.2021 passed by the 1st Addl. Civil Judge and JMFC, Vijayapura in Crl.Misc.No.55/2014, by which, the petitioner was directed to pay a sum of Rs.3,000/- to the 2nd respondent towards maintenance.

2. Heard the learned counsel for the petitioner.

3. The petitioner's contention is that the Family Court concerned had already directed the petitioner to pay a sum of Rs.5,000/- to each of the respondents herein and as such, the respondents are not entitled for maintenance under Section 12 of the protection of Women from Domestic Violence Act, 2005.

4. The Trial Court taking into account the admission of the petitioner that he is drawing a sum of Rs.39,000/- p.m. has granted maintenance of Rs.3,000/- p.m. to the respondent No.2, which in my view, cannot be said to be exorbitant.

CRL.RP No. 200070 of 2023

Hence, I do not find any illegality in the impugned order passed by the Trial Court. Accordingly, I pass the following:

ORDER Criminal revision petition is dismissed. Pending I.A. does not survive for consideration.

Sd/-

JUDGE

BKM