Karnataka High Court
Sri Shree Harsha vs Smt Sowmya Nagaraj on 7 November, 2024
Author: V Srishananda
Bench: V Srishananda
-1-
NC: 2024:KHC:44982
CRL.RP No. 299 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 7TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE V SRISHANANDA
CRIMINAL REVISION PETITION NO. 299 OF 2024
BETWEEN:
1. SRI. SHREE HARSHA,
S/O SIDDAHARAJAPPA,
AGED ABOUT 39 YEARS,
2. SRI. SIDDHARAJAPPA,
S/O LATE MARLASIDDAPPA,
AGED ABOUT 76 YEARS,
3. SMT. NAGARATHANAMMA,
W/O SIDDHARAJAPPA,
AGED ABOUT 71 YEARS,
ALL ARE R/AT NO.176, MARUTHI NAGAR,
HEROHALLI CROSS, SUKADAKATTE,
BENGALURU-560 091.
Digitally ...PETITIONERS
signed by (BY SRI. SHARANADEEP, ADVOCATE)
MALATESH
KC
Location: AND:
HIGH
COURT OF
KARNATAKA 1. SMT. SOWMYA NAGARAJ,
W/O SHREE HARSHA,
AGED ABOUT 31 YEARS,
2. KUM. NAYANA,
D/O SHREE HARSHA,
MINOR CHILD AGE 5 YEARS,
BOTH ARE R/AT NO.14/1,
-2-
NC: 2024:KHC:44982
CRL.RP No. 299 of 2024
2ND 'A' CROSS, 16TH MAIN,
BTM LAYOUT, 1ST STAGE,
BENGALURU-560 029.
...RESPONDENTS
(BY SRI. PRATAP KUMAR .V, ADVOCATE FOR R1, R2 MINOR)
THIS CRL.RP IS FILED U/S. 397 R/W 401 CR.P.C
PRAYING TO SET ASIDE THE ORDER DATED 04.12.2018
PASSED IN THE CRL.MISC.NO.194/2018 PENDING ON THE FILE
OF M.M.T.C.-II COURT, BENGALURU AND SUBSEQUENTLY SET
ASIDE THE JUDGMENT DATED 06.01.2022 PASSED IN
CRL.A.NO.23/2020 BY THE LEARNED HON'BLE LXVII ADDL.
CITY CIVIL AND SESSIONS JUDGE, BANGALORE (CCH-63) AND
IN CRL.MISC.NO.194/2018 ON THE FILE OF MMTC-II AT
BANGALORE AND CONSEQUENTLY DISMISS THE APPLICATION
FILED BY THE RESPONDENT U/S 23 OF D.V. ACT AND TO PASS
SUCH OTHER ORDERS HAS THIS HON'BLE COURT DEEMS FIT
TO PASS IN THE FACTS AND CIRCUMSTANCES OF THE CASE.
THIS PETITION COMING ON FOR ORDERS THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE V SRISHANANDA
ORAL ORDER
1. Though the matter is posted for considering
I.A.1/2024 filed for condonation of delay, by consent of
the parties, the matter is heard on merits.
2. The revision petitioners are seeking to participate in
the proceedings before the Trial Magistrate and contest
the main case on merits.
NC: 2024:KHC:44982
3. The records and submission of the learned counsel
for respondent would depict that the revision petitioners
have dragged on the matter on one pretext or the other
and did not choose to avail the opportunities granted by
the Trial Magistrate.
4. It is the submission of the respondent that the First
Appellate Court under the misreading of the facts has held
that the respondent-wife is a working women. The learned
counsel for the respondent submits that respondent-wife is
not working and therefore, reduction of interim
maintenance by the First Appellate Court is incorrect.
5. Since the revision petitioners want an opportunity to
contest the main matter filed by the respondent-wife
under the provisions of Protection of Women from
Domestic Violence Act, directing the petitioners to pay
further cost of Rs.10,000/- and appear before the Trial
Magistrate and proceed with the matter in accordance with
law, would meet the ends of justice.
NC: 2024:KHC:44982
6. Further, taking note of the fact that the petition
before the Trial Magistrate was filed in the year 2018,
directing the matter to be disposed of in a time bound
manner, would also serve the ends of justice.
7. It is also reported by the learned counsel for the
respondent that the interim maintenance ordered by the
Trial Magistrate and confirmed by the First Appellate Court
is not paid by the petitioner-husband. Since the matter is
remitted to the Trial Court, directing payment of 50% of
arrears of interim maintenance by the petitioner-husband
before participating, would meet the ends of justice.
8. Accordingly, the following order:
ORDER
a) The revision petition stands disposed of.
b) The revision petitioners are directed to further
participate in the proceedings before the Trial
Magistrate in Crl.Misc.No.194/2018 on the file of
MMTC-II, Bangalore, from the stage it was stopped,
NC: 2024:KHC:44982
on payment of cost of Rs.10,000/-. Further, towards
the condonation of delay in this revision petition,
amount of Rs.5,000/- is imposed by this Court as
cost. In all, Rs.15,000/- cost is to be paid by the
revision petitioners to the respondent before further
participating in the proceedings before the Trial
Magistrate.
c) The parties shall appear before the Trial
Magistrate on 02.12.2024 without further notice. If
the case is not listed on that day, the parties are at
liberty to get the case listed on 02.12.2024 by filing
the copy of this order.
d) It is made clear that payment of cost is
condition precedent and so also payment of 50% of
arrears of maintenance is condition precedent for
further participation by the revision petitioners in the
proceedings before the Trial Magistrate.
NC: 2024:KHC:44982
e) Taking note of the fact that the petition is of
the year 2018, the learned Trial Magistrate shall
conclude the main matter on or before 31.03.2025.
f) Needless to emphasize that the parties shall
cooperate for the same.
Sd/-
(V SRISHANANDA)
JUDGE
DM
