Karnataka High Court
T Vishwanatha vs G B T Geetha on 19 November, 2024
Author: V Srishananda
Bench: V Srishananda
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NC: 2024:KHC:46831
CRL.RP No. 1151 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE V SRISHANANDA
CRIMINAL REVISION PETITION No.1151 OF 2024
BETWEEN:
1. T VISHWANATHA
AGED ABOUT 47 YEARS,
S/O. K. GUDADEERAPPA,
LECTURER,
MAHARANI SCIENCE COLLEGE FOR WOMEN,
PALACE ROAD,
BENGALOORU-560 020.
...PETITIONER
(BY SRI VINAYA KEERTHY M, ADVOCATE)
AND:
1. G B T GEETHA
AGED ABOUT 45 YEARS,
D/O. G. B. THIPPESWAMY,
NO. 135, SHANTHI NIVASA,
OPP LAKSHMI NURSING HOME,
Digitally
signed by 6TH CROSS, RAVINDRA NAGAR,
MALATESH SHIVAMOGGA-577 201.
KC ...RESPONDENT
Location:
HIGH
COURT OF THIS CRL.RP IS FILED UNDER SECTION 397 R/W 401
KARNATAKA CR.P.C PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED
26.10.2023 PASSED BY THE LEARNED II ADDL. DISTRICT AND
SESSIONS JUDGE, SHIVAMOGGA IN CRL.APL.42/2020
CONFIRMING THE JUDGMENT DATED 27.11.2019 PASSED BY
THE LEARNED IV ADDI. CIVIL JUDGE AND JMFC, SHIVAMOGGA
IN CRL.MISC. 177/2018 AND ALLOW THIS REVISION
PETITION.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
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NC: 2024:KHC:46831
CRL.RP No. 1151 of 2024
CORAM: HON'BLE MR JUSTICE V SRISHANANDA
ORAL ORDER
Heard Sri Vinaya Keerthy M, learned counsel for the
revision petitioner. Respondent though served, remained
absent.
2. Revision Petitioner is the husband who has suffered an
order of interim maintenance in Crl.Misc.No.177/2018 dated
25.07.2024 on the file of the IV Addl. Civil Judge and JMFC,
Shivamogga, filed by the respondent/wife herein, confirmed in
Crl.A.No.42/2020 dated 26.10.2023 on the file of the II Addl.
District and Sessions Judge, Shivamogga.
3. Facts of the case in brief which are utmost necessary for
disposal of the present revision petition are as under:
Revision Petitioner and respondent are husband and wife.
Their marriage did not last for long on account of serious
differences in the matrimonial tie. While the wife alleges that
the husband caused mental and physical harassment to her,
same was denied by the husband. Therefore, wife filed an
application under the provisions of Protection of Women from
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Domestic Violence Act, 2005, inter alia, filed an application
under Section 23 of the said Act seeking interim maintenance
in a sum of Rs.50,000/- alleging that her husband is a
Professor working in Maharani Science College for Women,
Bengaluru, having UGC pay scale band and earning salary to
the tune of Rs.1,00,000/- per month.
4. It is also alleged by the wife that apart from salary
income, her husband has got other source of income through
agriculture. Application was opposed by filing detailed written
objections.
5. Learned Trial Magistrate heard the parties on the
application and considering the existence of matrimonial
relationship, aberrations in the marital relationship and
pendency of criminal cases so also, matrimonial proceeding
pending before the Family Court, Shivamogga, as an interim
measure allowed the application filed by the wife in part and
granted Rs.25,000/- per month as interim maintenance. Same
was challenged by the husband in Crl.A.No.42/2020.
6. Learned Judge in the First Appellate Court after securing
the records heard the parties in detail and taking note of the
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grounds urged on behalf of the parties, dismissed the appeal
and confirmed the order passed by the learned Trial Magistrate.
7. Being further aggrieved by the same, husband is before
this court in this revision petition.
8. Sri Vinaya Keerthy, learned counsel for the husband-
revision petitioner, reiterating the grounds urged in the revision
petition, vehemently contended that wife is also well educated
and is having independent income. Same is not taken into
consideration by both the Courts while passing the impugned
Orders. Therefore, sought to allow the revision petition.
9. He also brought to the notice of the Court by filing
photocopy of the Order passed in M.C.No.54/2017 that the said
petition was filed by the petitioner against the respondent
seeking grant of divorce which came to be allowed by the
judgment dated 23.11.2023 and marital relationship has come
to an end.
10. He also pointed out that after the order came to be
passed in the said divorce petition, petitioner is not bound to
pay maintenance to the respondent.
NC: 2024:KHC:46831
11. He further argued that the main matter has also ripened
up for arguments. As such suitable reduction can be ordered in
the monthly maintenance.
12. Respondent/wife, though served with notice of this
petition, did not chose to contest the matter.
13. Taking note of the subsequent developments in the case,
this Court is of the considered opinion that since the Order
under challenge is interim in nature, while passing the final
order, learned Trial Magistrate is directed to take into
consideration the subsequent development viz., judgment of
divorce passed by the competent Court on 23.11.2023 in
M.C.No.54/2017 and also taking into consideration the
independent income of the wife, if any, that has been
established by the present petitioner in the main matter and
pass appropriate Orders.
14. While so passing the appropriate Orders, learned Trial
Magistrate is also directed to take into consideration the
payment of interim maintenance by the revision petitioner to
the respondent which is being recovered through issue of salary
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attachment warrant and properly consider the independent
income, if any, which the respondent/wife is possessing/ or
earning capacity of the wife while fixing the maintenance till the
date of divorce.
15. With this observation, the following:
ORDER
(i) Criminal Revision Petition stands disposed of.
(ii) In view of disposal of the petition, I.A.No.2/2024 is
consigned to record.
Sd/-
(V SRISHANANDA)
JUDGE
kcm
