Smt. Nagamma vs Sri. Narayanaswamy
2024 Latest Caselaw 28136 Kant

Karnataka High Court

Smt. Nagamma vs Sri. Narayanaswamy on 25 November, 2024

Author: V Srishananda

Bench: V Srishananda

                                       -1-
                                                   NC: 2024:KHC:48161
                                              CRL.RP No. 262 of 2016




                 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                  DATED THIS THE 25TH DAY OF NOVEMBER, 2024

                                    BEFORE

                    THE HON'BLE MR JUSTICE V SRISHANANDA

                  CRIMINAL REVISION PETITION NO. 262 OF 2016

            BETWEEN:

            1.    SMT. NAGAMMA
                  W/O NARAYANASWAMY,
                  AGED ABOUT 45 YEARS,
                  R/AT DODDAGUBBI VILLAGE,
                  BIDARAHALLI HOBLI,
                  BANGALORE EAST TALUK,
                  PIN CODE:560077
                                                        ...PETITIONER
            (BY SRI. RAVINDRANATH M., ADVOCATE)
            AND:

            1.    SRI. NARAYANASWAMY
                  S/O LATE MUNIYAPPA,
                  AGED ABOUT 48 YEARS,
Digitally         R/O YARRAPPANAHALLI VILLAGE,
signed by         DODDAGUBBI, BIDARAHALLI HOBLI,
MALATESH          BANGALORE EAST TALUK,
KC
                  PIN CODE:560077
Location:
HIGH                                                   ...RESPONDENT
COURT OF    (BY SRI. K SHIVASHANKAR, ADVOCATE)
KARNATAKA
                 THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C PRAYING
            TO SET-ASIDE THE JUDGMENT AND ORDER DATED 23.11.2015
            PASSED BY THE COURT OF LXVII ADDL. CITY CIVIL AND S.J.,
            BENGALURU CITY (CCH.NO.68) IN CRL.A.NO.588/2014
            INSOFAR AS IT IS AGAINST THE PETITIONER, PARTLY
            REVERSING THE JUDGMENT AND ORDER DATED 02.01.2014
            PASSED BY THE COURT OF MMTC-III, BANGALORE CITY IN
            CRL.MISC.NO.242/2012.
                                   -2-
                                             NC: 2024:KHC:48161
                                         CRL.RP No. 262 of 2016




    THIS PETITION, COMING ON FOR HEARING, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM:     HON'BLE MR JUSTICE V SRISHANANDA


                         ORAL ORDER

Heard Sri Ravindranath M., learned counsel for the

revision petitioner and Sri K. Shivashankar, learned counsel for

the respondent.

2. Revision petition is filed by the complainant - wife

challenging the order passed by the learned Trial Magistrate,

modified by the First Appellate Court.

3. Petitioner being the wife had a son through her first

marriage and suppressing the first marriage, she married to the

respondent, who had also suppressed his first marriage.

4. There was bickering between the petitioner and

respondent which ultimately resulted in filing the petition under

the provisions Protection of Women from Domestic Violence

Act, 2005 (D.V. Act for short).

5. Learned Trial Magistrate without appreciating the

factual aspects of the matter awarded maintenance to the

petitioner - wife and her son from first marriage, which was

modified by the learned Judge in the First Appellate Court,

NC: 2024:KHC:48161

taking note of the fact that respondent - husband is not bound

to maintain the son born to the petitioner - wife through her

first marriage.

6. The said order is called in question in this revision.

7. Having regard to the provisions of the Protection of

Women from D.V. Act, the order of the First Appellate Court is

absolutely justified and does not call for interference that too in

the revisional jurisdiction by this Court.

8. Accordingly, following:

ORDER

Revision petition is meritless and hereby dismissed.

Sd/-

(V SRISHANANDA) JUDGE

MR