Karnataka High Court
Sri. D R Kumar vs Smt. D T Roopa on 7 November, 2024
Author: V Srishananda
Bench: V Srishananda
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NC: 2024:KHC:44955
CRL.RP No. 696 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. 696 OF 2024
BETWEEN:
SRI. D R KUMAR
S/O D M RAMAKRISHNAPPA,
AGED ABOUT 51 YEARS,
RESIDING AT NO. 88,
RAMAKRISHNAPPA COMPOUND,
VENUGOPLASWAMY TEMPLE ROAD,
DEVASANDRA OLD VILLAGE,
K R PURAM HOBLI,
BENGALURU - 560 036.
...PETITIONER
(BY SRI. BALAKRISHNA K., ADVOCATE)
AND:
1. SMT. D T ROOPA
D/O C THIMMEGOWDA,
AGED ABOUT 43 YEARS,
Digitally
signed by 2. K JHANAVI
MALATESH D/O R KUMAR,
KC W/O SHASHANK S.,
Location: AGED ABOUT 22 YEARS,
HIGH
COURT OF BOTH ARE R/AT NO.19, "SUKRUTA"
KARNATAKA
2ND CROSS, SHANIMAHATMA TEMPLE ROAD,
DEVASANDRA, K R PURAM HOBLI,
BENGALURU - 560 036.
...RESPONDENTS
(BY SRI. CHANDRAKALA G., ADVOCATE)
THIS CRIMINAL REVISION PETITION IS FILED UNDER
SECTION 397 READ WITH SECTION 401 OF CR.P.C. PRAYING
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NC: 2024:KHC:44955
CRL.RP No. 696 of 2024
TO 1) SET ASIDE THE IMPUGNED JUDGMENT DATED
18.04.2022 IN CRL.A.NO.25045/2021 ON THE FILE OF LXXIII
ADDITIONAL CITY CIVIL AND SESSIONS JUDGE AT
BENGALURU (CCH-74) AND THE JUDGMENT DATED 20.02.2021
IN CRL.MISC.NO.175/2018 ON THE FILE OF METROPOLITAN
MAGISTRATE TRAFFIC COURT-I AT MAYO HALL UNIT,
BENGALURU CITY AND ETC.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE V SRISHANANDA
ORAL ORDER
Heard Sri Balakrishna K, learned counsel for the
revision petitioner and Smt. Chandrakala G for the
respondents.
2. Husband is the revision petitioner who failed to
contest the petition filed by the wife under the provisions
of Protection of Women from Domestic Violence Act filed in
C.Misc. No.175/2018. The trial Magistrate taking note of
the relevant aspects of the matter awarded maintenance
amount of Rs.8000/- (Rupees Eight Thousand only) per
month to the second petitioner from the date of petition till
completion of her graduation.
NC: 2024:KHC:44955
3. Being aggrieved by the same, both are
petitioners filed an appeal before the District Court in
Criminal Appeal No.25045/2021. Again the revision
petitioner did not contest the said matter on merits.
Therefore the learned Judge in the First Appellate Court
allowed the appeal and directed that apart from enhancing
the monthly maintenance to petitioner No.2 in a sum of
Rs.10,000/- (Rupees Ten Thousand only) as against
Rs.8000/- (Rupees Eight Thousand only), also allowed the
maintenance to the first petitioner who is the wife in a
sum of Rs.8000/- (Rupees Eight Thousand only) per
month.
4. The husband has challenged both the orders in
this revision petition on the ground that the revision
petitioner did not utilize the opportunity that was granted
to him and the orders are ex parte in nature. Therefore an
opportunity be provided for the husband revision petitioner
to contest the petition on merits afresh in accordance with
law.
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5. The submission made on behalf of the revision
petitioner is strongly opposed by Smt. Chandrakala,
learned counsel representing the wife and the child.
6. Taking note of the circumstances of the case
and also taking note of the fact that the impugned orders
are ex parte in nature, directing the revision petitioner to
contest the matter on merits on payment of cost of
Rs.25,000/- (Rupees Twenty-five Thousand only) and the
matter is ordered to be directed to be disposed of in a
time bound manner ends of justice would be met.
Accordingly the following -
ORDER
1. Criminal Revision Petition stands disposed off.
2. The petitioner is directed to pay cost of
Rs.25,000/- (Rupees Twenty-five Thousand only)
to the first respondent and clear the arrears of
50% of the maintenance awarded by the trail
Magistrate modified by the first appellate Court on
NC: 2024:KHC:44955
or before 07.12.2024. On payment of cost and
clearing the 50% of the arrears of maintenance,
petition shall be restored and the same may be
decided on merits in accordance with law.
3. The parties shall appear before the trial Magistrate
without further notice on 09.12.2024. Thereafter
the trial Magistrate shall permit the husband to file
objection statement and place evidence, if any. If
any additional evidence is placed by husband,
petitioners who are the wife and the child are also
entitled to place the additional evidence, if any.
Trial Court shall conclude the trial on or before
30.04.2025.
Sd/-
(V SRISHANANDA)
JUDGE
YKL
