Karnataka High Court
Sri Shashikumar C S/O Chandrappa vs Smt. Akkamahadevi Alias Jyothi W/O ... on 1 April, 2025
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
-1-
NC: 2025:KHC-D:5819
CRL.P No. 103552 of 2022
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 1ST DAY OF APRIL, 2025
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION NO.103552 OF 2022
BETWEEN:
SRI. SHASHIKUMAR C. S/O. CHANDRAPPA,
AGE: 42 YEARS, OCC: MALIKMAN,
R/O: 188/28, RAMBHAPURI ROAD,
SHEKHARAPPA NAGAR, C BLOCK,
DAVANGERI, TQ: DAVANGERI - 577 001,
DIST: DAVANGERI.
...PETITIONER
(BY MRS. VINUTA M. KHANNUR, ADVOCATE FOR
SRI. MADANMOHAN M. KHANNUR, ADVOCATE)
AND:
SMT. AKKAMAHADEVI @ JYOTHI
W/O. SHASHIKUMAR C. CHANDRAPPA,
AGE: 34 YEARS, OCC: HOUSEHOLD,
R/O: AMARAPUR,
Digitally signed by
TQ: LAXMESHWAR - 582 116,
MOHANKUMAR B
SHELAR DIST: GADAG.
Location: High
Court of Karnataka, ...RESPONDENT
Dharwad Bench,
Dharwad (BY SRI. G.N.NARASAMMANAVAR, ADVOCATE)
THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C.,
SEEKING TO SET ASIDE THE ORDER DATED 11/10/2022 IN
CRIMINAL REVISION PETITION NO. 23/2021 PASSED BY THE COURT
OF THE ADDL. DISTRICT AND SESSIONS JUDGE, GADAG AND
ORDER DATED 03/05/2021 IN CRL. MISC. NO. 137/2018 PASSED BY
THE COURT OF THE CIVIL JUDGE AND JMFC COURT LAXMESHWAR
AND DISMISS CRL. MISC. NO. 137/2018 WITH EXEMPLARY COSTS,
IN THE INTEREST OF JUSTICE.
THIS CRIMINAL PETITION, COMING ON FOR ADMISSION, THIS
DAY ORDER WAS MADE THEREIN AS UNDER:
-2-
NC: 2025:KHC-D:5819
CRL.P No. 103552 of 2022
CORAM: THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
ORAL ORDER
This petition filed by the petitioner -husband under
Section 482 of Cr.P.C praying to set aside the order dated
11.10.2022 passed in Criminal Revision Petition
No.23/2021 by the Additional District and Sessions Judge,
Gadag and order dated 03.05.2021 passed in
Crl.Misc.No.137/2018 by the Civil Judge and JMFC,
Laxmeshwar with exemplary cost.
2. Heard learned counsel for the petitioner and
learned counsel for the respondent.
3. The respondent has filed petition under Section
125 of Cr.P.C in Crl.Misc.14/2013 against the petitioner -
husband seeking maintenance. The said petition came to
be allowed by order dated 26.08.2014 awarding
maintenance of Rs.3,000/- per month. The said order has
been challenged by the petitioner -husband in
Crl.A.No.49/2014. In the said appeal the maintenance
NC: 2025:KHC-D:5819
awarded by Magistrate has been modified and reduced to
Rs.2,000/- per month. Thereafter, the petitioner filed
petition seeking divorce in M.C.No.6/2017 and it came to
be allowed and marriage between petitioner and
respondent has been dissolved by judgment dated
07.08.2018. Thereafter, the respondent -wife has filed
petition under Section 127 of Cr.P.C seeking alteration of
maintenance in Crl.Misc No.137/2018. The said petition
has been contested by the petitioner -husband. The
respondent -wife examined herself as P.W.1 and got
marked one witness as P.W.2. Petitioner -husband
examined himself as R.W.1. Considering the evidence on
record, the learned Magistrate has allowed the said
petition in part and awarded additional maintenance of
Rs.3,000/- per month with maintenance of Rs.2,000/-
awarded earlier. The said order has been challenged by
the petitioner -husband in Criminal Revision Petition
No.23/2021. After hearing the parties, the said Revision
Petition came to be dismissed by confirming the order
NC: 2025:KHC-D:5819
dated 03.05.2021 passed in Crl.Misc.No.137/2018. The
petitioner -husband has challenged order dated
11.10.2022 passed in Criminal Revision Petition
No.23/2021 and order dated 03.05.2021 passed in
Crl.Misc.No.137/2018 in this petition.
4. Learned counsel for the petitioner -husband
would contend that without any basis learned Magistrate
has awarded additional maintenance of Rs.3,000/- per
month. The respondent -wife has not established the
income of the petitioner -husband. The respondent -wife
has not established that she is residing in rented house for
which she requires Rs.2,000/- and she also requires
amount for her medical treatment. The petitioner -
husband is milk vendor having two buffalos getting
Rs.1,000/- per month and after divorce he has married
another lady and having a child out of that marriage.
Without considering all these aspects, learned Magistrate
has awarded additional maintenance of Rs.3,000/- per
NC: 2025:KHC-D:5819
month and learned Sessions Judge has confirmed the said
order. With these, she prayed to allow the petition.
5. Learned counsel for the respondent -wife would
contend that the petitioner -husband has admitted that
maintenance of Rs.2,000/- per month awarded is not
sufficient as cost of living is increased. The evidence of
P.W.2 will establish that the respondent -wife is residing in
rented house at Davanagere and she is suffering from
illness for which she requires money. Considering all
these aspects, learned Magistrate has rightly awarded
additional maintenance of Rs.3,000/- per month. Learned
Sessions Judge has rightly dismissed the Revision Petition
by confirming the order passed by the learned Magistrate.
With these, he prays for dismissal of the petition.
6. Having heard learned counsels, this Court has
perused impugned orders and trial Court records.
7. The respondent is divorced wife of the
petitioner. As per order passed in Crl.A.No.49/2014 the
NC: 2025:KHC-D:5819
respondent -wife has been awarded maintenance of
Rs.2,000/- per month. The said award of maintenance of
Rs.2,000/- per month is pertaining to petition filed by the
respondent -wife in the year 2013. The respondent -wife
has sought alternation of the said maintenance and sought
additional maintenance of Rs.6,000/- in the year 2018.
There is lapse of almost five years in between the earlier
petition and subsequent petition filed by the respondent -
wife. The said additional maintenance sought on grounds
that the respondent -wife in residing in the rented house,
she requires for medical treatment and cost of living is
increased. The petitioner who has been examined as
D.W.1 in his cross examination has admitted that cost of
essential commodities are increased and Rs.2,000/- is not
sufficient for the person to maintain himself/herself. D.W.1
who is petitioner has also admitted that he is doing milk
vending business having two buffalos and selling five
litters of milk. D.W.1 has also admitted that he is having
own house at Davanagere but he has denied that he has
NC: 2025:KHC-D:5819
let out two portions on rent in the said house. Learned
Magistrate has also noted that the respondent -wife is
suffering from kidney stones and the said finding is based
on the medical documents produced by the respondent -
wife. Considering increase in the cost of living and lapse
of five years in between earlier petition and subsequent
petition, the learned Magistrate has rightly awarded
additional maintenance of Rs.3,000/- per month.
Considering the said aspect, learned Sessions Judge has
rightly dismissed Criminal Revision Petition filed by the
petitioner -husband challenging the order passed by the
learned Magistrate. There are no grounds for setting aside
the well reasoned orders by learned Magistrate and
learned Sessions Judge.
In the result, the petition is dismissed.
Sd/-
(SHIVASHANKAR AMARANNAVAR)
JUDGE
DSP/CT-ASC
