Karnataka High Court
Sri Jayaramaiah V G vs Smt Sujatha Jayaram D S on 16 November, 2023
Bench: J.M.Khazi
-1-
CRL.RP No. 108 of 2023
C/W CRL.RP No. 16 of 2023
NC: 2023:KHC:40984
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 16TH DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MS JUSTICE J.M.KHAZI
CRIMINAL REVISION PETITION NO.108 OF 2023
C/W
CRIMINAL REVISION PETITION NO.16 OF 2023
IN CRL.RP NO.108 OF 2023
BETWEEN:
SMT. SUJATHA JAYARAM D S
W/O JAYARAMAIAH V G @ V G JAYARAM
D/O H.D.SRINIVAS
AGED ABOUT 42 YEARS,
RESIDING AT NO.879, 3RD CROSS,
11TH MAIN, HAL 2ND STAGE,
INDIRANAGAR, NEAR AMBEDKAR COLLEGE,
BENGALURU - 560 038.
...PETITIONER
(BY SRI. MANJUNATHA REDDY J, ADVOCATE)
Digitally signed
by MADHURI S
Location: High AND:
Court of
Karnataka SRI JAYARAMAIAH V G @ JAYARAM V G
S/O LATE GANGAPPA
AGED ABOUT 51 YEARS,
RESIDING AT NO.1, VADERAHALLI,
DASANAPURA HOBLI, MATHAHALLI POST,
BENGALURU NORTH TALUK,
AND ALSO AT
JAYARAMAIAH V G @ JAYARAM V G
EX-ZILLA PANCHAYATH MEMBER
HUSKUR VILLAGE,
-2-
CRL.RP No. 108 of 2023
C/W CRL.RP No. 16 of 2023
NC: 2023:KHC:40984
DASANAPURA HOBLI,
BENGALURU NORTH TALUK.
...RESPONDENT
(BY SMT. BHUSHANI KUMAR, ADVOCATE)
THIS CRL.RP IS FILED UNDER SECTION 397 R/W 399 OF
CR.P.C PRAYING TO i) SET ASIDE THE ORDER DATED
07.01.2022 PASSED BY THE METROPOLITAN MAGISTRATE
TRAFFIC COURT-I, MAYO HALL, BENGALURU IN
C.MISC.NO.267/2018 AND SET ASIDE THE ORDER DATED
22.11.2022 PASSED BY THE LXXII ADDITIONAL CITY CIVIL
AND SESSIONS JUDGE, MAYO HALL, BENGALURU; ii) ALLOW
THE APPLICATION FILED BY THE PETITIONER UNDER SECTION
23 OF D.V. ACT BY ENHANCING INTERIM MAINTENANCE BY
MODIFYING THE ORDER DATED 07.01.2022 AND ORDER
DATED 22.11.2022 PASSED IN C.MISC.NO.267/2018 AND
CRL.A.NO.25021/2022 RESPECTIVELY; iii) GRANT SUCH OTHER
RELIEF OR RELIEF'S AS THIS HON'BLE COURT DEEMS FIT IN
THE CIRCUMSTANCES OF THE CASE.
IN CRL.RP NO.16 OF 2023
BETWEEN:
SRI JAYARAMAIAH V G
@ JAYARAM V G
S/O LATE GANGAPPA
AGED ABOUT 57 YEARS,
R/AT VADERAHALLI VILLAGE
DASANAPURA HOBLI, MATHAHALLI POST,
BENGALURU NORTH TALUK
...PETITIONER
(BY SMT. BHUSHANI KUMAR, ADVOCATE)
AND:
SMT. SUJATHA JAYARAM D S
D/O H.D.SRINIVAS
AGED ABOUT 42 YEARS,
R/AT NO.879, 3RD CROSS,
11TH MAIN, HAL 2ND STAGE,
-3-
CRL.RP No. 108 of 2023
C/W CRL.RP No. 16 of 2023
NC: 2023:KHC:40984
INDIRANAGAR, NEAR AMBEDKAR COLLEGE,
BENGALURU - 560 038.
...RESPONDENT
(BY SRI. MANJUNATHA REDDY J, ADVOCATE)
THIS CRL.RP IS FILED UNDER SECTION 397 R/W
SECTION 401 OF CR.P.C PRAYING TO i) SET ASIDE THE
JUDGMENT AND ORDER DATED 22.11.2022 PASSED IN
CRL.A.NO.25021/2022 BY THE LXXII ADDITIONAL CITY CIVIL
AND SESSIONS JUDGE AT MAYO HALL, BENGALURU (CCH-73);
ii) GRANT SUCH OTHER RELIEF OR RELIEF'S AS THIS HON'BLE
COURT DEEMS FIT IN THE FACTS AND CIRCUMSTANCES OF
THE CASE, IN THE INTEREST OF JUSTICE.
THESE PETITIONS, COMING ON FOR ADMISSION, THIS
DAY, THE COURT MADE THE FOLLOWING:
ORDER
These two petitions filed under Section 397 r/w 401
Cr.P.C are arising out of the impugned order dated
22.11.2022, passed by the 72nd Addl. City Civil and
Sessions Judge, at Mayo Hall, Bengaluru, whereby the order
dated 07.01.2022 passed by the trial Court in
Crl.Misc.No.267/2018 came to be modified, enhancing the
maintenance granted to the petitioner/wife from Rs.8000/-
to Rs.25,000/- p.m., pending disposal of the petition.
CRL.RP No. 108 of 2023
C/W CRL.RP No. 16 of 2023
NC: 2023:KHC:40984
2. For the sake of convenience, the parties are
referred to by their rank before the trial Court.
3. Petitioner filed a petition under Section 12 of
the Protection of Women from Domestic Violence Act,
2005, seeking several reliefs including maintenance at the
rate of Rs.1,00,000/- p.m. She also moved an application
for interim maintenance. Respondent resisted the same.
Vide order dated 07.01.2022, the trial Court granted
interim maintenance at the rate of Rs.8,000/- p.m.
Petitioner challenged the same before the Sessions Court
in Crl.A.No.25021/2022. Vide the impugned Judgment and
order, the Sessions Court enhanced the interim
maintenance to Rs.25,000/- p.m. which is being
challenged by both petitioner and respondent in these two
petitions.
4. It is the case of the petitioner that respondent
is no other than the younger brother of her mother. Their
marriage was solemnized on 01.06.1997 in a grand
manner at Bengaluru, spending huge amount. After the
CRL.RP No. 108 of 2023
C/W CRL.RP No. 16 of 2023
NC: 2023:KHC:40984
marriage, petitioner stayed in the matrimonial home.
Through the wedlock, they are having a daughter.
Respondent is a politician. Initially he was Member of
Grampanchayath of Vaderahalli. Later he was elected as a
Zilla Panchayath Member. He was also a Standing
Committee Member of Health and Education. Recently he
is appointed as Congress President for Dasanapura Block
by the Congress Committee.
5. Respondent is also doing real estate business.
He is owning several agricultural properties totally
measuring hundred acres at Dasanapura, Huskur,
Vaderahalli, Nelamangala, Mudigere, Chikmagalur, etc. He
is also owning a restaurant. His monthly income is more
than Rs.20 lakhs. Petitioner has alleged that respondent is
a chain-smoker, a drunkard, compulsive gambler, and
womanizer. Petitioner tolerated the respondent till 2017.
Unable to bear the harassment meted out by him, during
2017 she shifted to her mother's house along with their
CRL.RP No. 108 of 2023
C/W CRL.RP No. 16 of 2023
NC: 2023:KHC:40984
daughter. Respondent is liable to maintain the petitioner
and hence the petition seeking several reliefs.
6. Respondent has appeared through counsel and
filed objections, admitting the relationship between him
and the petitioner and that they are having a daughter
through the wedlock. However, he has denied that at the
time of marriage, huge dowry, gold ornaments were given
and marriage was conducted in a grand manner. He has
claimed that he is married to one Parvathi on 14.04.1994.
Through the wedlock, they are having two sons.
Respondent has claimed that since petitioner is the
daughter of his sister and as she was not getting suitable
alliance, at the insistence of his mother and sister, he
married the petitioner. All of them were knowing about his
marriage to Parvathi and having a son. After the marriage
he was living with petitioner at Vaderahalli. Through the
wedlock, they are having a daughter.
7. During September 1997, petitioner left the
matrimonial home with daughter and started living with
CRL.RP No. 108 of 2023
C/W CRL.RP No. 16 of 2023
NC: 2023:KHC:40984
her parents. He is maintaining the petitioner and their
daughter. It was petitioner who was picking up quarrel
with him whenever he visited her. He has denied that he is
owning hundred acres of agricultural land, cars and other
valuable properties. Petitioner was the Member of
Panchayath and she made respondent to spend lakhs of
rupees to contest the election. In fact to secure the future
of petitioner and their daughter, he got purchased 22
gunthas of land in Sy.No.32/2 in favour of Petitioner.
Respondent has denied that he is a chain-smoker, a
drunkard, compulsive gambler, and womanizer and forced
the petitioner to leave the matrimonial home. Only to
harass the respondent, petitioner has filed this petition
and sought for dismissal of the same.
8. Heard arguments and perused the record.
9. The relationship between the parties is
admitted. Though the respondent claimed that petitioner is
his second wife, it is a matter for evidence at the trial. The
documents produced by the petitioner establish the fact
CRL.RP No. 108 of 2023
C/W CRL.RP No. 16 of 2023
NC: 2023:KHC:40984
that the respondent is owning several extent of
agricultural land, number of high-end cars. He has not
disputed the fact that he is a politician and appointed as
Congress President of Dasanapura block. Though the
respondent has produced documents to show that he got
purchased 22 gunthas of land in the name of petitioner, he
has not produced any evidence to show that petitioner is
having any income of her own to take care of herself and
the documents placed on record by the petitioner establish
that respondent is having sufficient income and as a
husband he is duty bound to take care of the petitioner. Of
course, petitioner is not seeking any maintenance for her
daughter. Subsequent documents produced by the
respondent prove that recently the marriage of the
daughter of petitioner and respondent is celebrated.
10. Taking into consideration the documents placed
on record, the Sessions Court has rightly enhanced the
maintenance payable to petitioner from Rs.8000/- p.m to
Rs.25,000/-p.m. While passing the order, the Addl.
CRL.RP No. 108 of 2023
C/W CRL.RP No. 16 of 2023
NC: 2023:KHC:40984
Sessions Court has observed that additional maintenance
is required to take care of her daughter also. Having
regard to the fact that now the daughter is married, only
the maintenance of petitioner is required to be taken care
of by the respondent. Looking to the status of the parties
and the fact that respondent being a politician and owning
several movable properties, this Court is of the considered
opinion that the maintenance granted by the Sessions
Court is reasonable and there is no scope for interference
by this Court either in enhancing or reducing the same. Of
course after the trial, the trial Court would be in proper
position to ascertain the exact income of the respondent
and actual requirement of the petitioner. Till the disposal
of the petition on merit, it would be proper to direct the
petitioner to pay the compensation to the respondent as
enhanced by the Sessions Court. In the result, both
petitions fail and accordingly the following:
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CRL.RP No. 108 of 2023
C/W CRL.RP No. 16 of 2023
NC: 2023:KHC:40984
ORDER
(i) Both petitions filed by the petitioner/wife
and respondent/husband under Section
397 r/w Section 401 Cr.P.C are rejected.
(ii) The impugned order dated 22.11.2022 on
the file of LXXII Addl.City Civil and
Sessions Judge, Mayo Hall, Bengaluru,
enhancing the maintenance to Rs.25,000/-
p.m. is confirmed.
(iii) The Registry is directed to send back the
trial Court records as well as Sessions
Court records along with copy of this order
forthwith.
Sd/-
JUDGE
RR
