Karnataka High Court
Shamsunnisa Begum vs M A Kukeem on 23 November, 2024
Author: Mohammad Nawaz
Bench: Mohammad Nawaz
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CRL.RP No. 200108 of 2023
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 23RD DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ
CRIMINAL REVISION PETITION NO. 200108 OF 2023
(397(Cr.PC)/438(BNSS)
BETWEEN:
SMT. SHAMSUNNISA BEGUM
W/O M A MUKEEM
AGE: 43 YEARS, OCC: HOUSEHOLD,
R/O. H.NO.1-3-136, ALIBAGH,
BIDAR - 585 401.
...PETITIONER
(BY SRI. FAIZUDDIN K ZARDI, ADVOCATE)
AND:
M A MUKEEM
S/O M A HAMEED
AGE: 61 YEARS,
Digitally signed by OCC: JUNIOR ENGINEER WORKING IN MINOR
KHAJAAMEEN L IRRIGATION DEPARTMENT ,
MALAGHAN
Location: High R/O. H.NO.1-3-136 ALIBAGH,
Court Of Karnataka
BIDAR - 585 401.
...RESPONDENT
THIS CRL.RP IS FILED U/SEC.397 R/W 401 OF THE CODE
OF CRIMINAL PROCEDURE, PRAYING TO SET ASIDE THE
IMPUGNED JUDGMENT PASSED BY THE FIRST APPELLATE
COURT PRL. DISTRICT AND SESSIONS JUDGE BIDAR ON
28.08.2020 IN CRL.A NO.37/2018 (C/W CRL.A NO.80/2017)
AND THEREBY THIS HON'BLE COURT BE PLEASED TO ENHANCE
THE MAINTENANCE OF RS.50,000/- PER MONTH AND TO
PROVIDE RESIDENCE TO THE REVISION PETITIONER AND HER
FOUR CHILDREN.
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CRL.RP No. 200108 of 2023
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ
ORAL ORDER
In this case, emergent notice was issued to respondent
on 05.09.2024. Inspite of granting sufficient time, process fee
etc., was not furnished and therefore, on 13.11.2024 ten days
time was granted finally, specifically observing that, failing
which the petition will be disposed of on merits.
2. Perused the impugned judgment and material on
record.
3. Petitioner is seeking maintenance of Rs.50,000/-
from the respondent, by setting aside the impugned judgment
dated 28.08.2020 passed by the Principal District and Sessions
Judge, Bidar in Crl.A No.37/2018.
4. Petitioner being the wife of respondent preferred
Crl.Misc. No.2888/2015 under Section 12 of Protection of
Women from Domestic Violence Act, claiming monetory,
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residential, protection and custodial order including
compensation from the respondent.
5. The learned Magistrate was pleased to allow the
said petition in part and directed the respondent/husband to
pay a sum of Rs.15,000/- per month as maintenance to the
petitioner. He was further directed to pay a sum of Rs.50,000/-
as compensation and to provide separate residence and not to
disturb the possession of the petitioner from the shared
household.
6. Aggrieved by the order passed by the learned
Magistrate, respondent preferred Crl.A No.80/2017 and seeking
enhancement of compensation awarded, petitioner/wife
preferred Crl.A No.37/2018 before the Court of Principal District
and Sessions Judge, Bidar.
7. Learned Sessions Judge vide common order dated
28.08.2020 allowed in-part Crl.A No.37/2018 preferred by the
petitioner/wife and maintenance was enhanced from
Rs.15,000/- to Rs.18,000/- per month payable by respondent
from the date of petition. While allowing Crl.A No.80/2017 in
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part, the residence order passed by the trial Court was set
aside.
8. The grounds urged by the petitioner seeking
enhancement of compensation is that both the Courts have
committed an error in granting meager compensation, since the
petitioner has to maintain herself and her four children and she
has not been provided with alternate residential facility. It is
also stated that respondent is working as a Junior Engineer in
Minor Irrigation Department and he is getting a salary of more
than Rs.80,000/-.
9. The learned Magistrate while appreciating the
evidence and material on record, has taken into consideration
the pay slip of the respondent, as per which he was having a
gross salary of Rs.40,060/-. A sum of Rs.15,000/- per month
was awarded as maintenance to be paid to petitioner/wife and
further, she was awarded a compensation of Rs.50,000/-.
10. The learned Sessions Judge observing that the trial
Court has not taken into consideration the revised pay scale of
the respondent, taking judicial notice of the fact that the pay
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has been revised and observing that the respondent must be
drawing Rs.67,550/Basic Pay + other allowances and excluding
the income tax payable and other compulsory deductions, came
to a conclusion that the respondent would have a take home
salary, which is not less than Rs.50,000/-. The order of
maintenance awarded by the learned Magistrate was enhanced
from Rs.15,000/- to Rs.18,000/- per month and the
compensation was enhanced from Rs.50,000/- to
Rs.1,00,000/-. In so far as the residential order is concerned,
the learned Sessions Judge has taken into consideration the
admission of the petitioner, that she is residing in her father-in-
law's house bearing No.1-3-136 and therefore, she is in
occupation of one residential house. Therefore, grant of
residential order passed by the learned Magistrate was held to
be erroneous. There is no other material to show that the
respondent is having higher salary than what has been opined
by the learned Sessions Judge.
11. The reasons assigned by the learned Sessions
Judge are just and proper and no grounds are made to interfere
with the said order.
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Criminal Revision Petition is dismissed.
Sd/-
(MOHAMMAD NAWAZ)
JUDGE
HB
CT: PS
