Karnataka High Court
Dr.M.C Mahesh Kumar vs Dr.M. Sharada on 1 August, 2025
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NC: 2025:KHC:29947
CRL.P No. 10610 of 2024
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 1ST DAY OF AUGUST, 2025
BEFORE
THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
CRIMINAL PETITION NO. 10610 OF 2024
BETWEEN:
DR. M.C MAHESH KUMAR,
S/O K CHINNASWAMY,
AGED ABOUT 43 YEARS,
R/AT B-99, KPWD QUARTERS,
JEEVAN BHIMA NAGAR,
BANGALORE NORTH,
BANGALORE - 560 075.
...PETITIONER
(BY SRI. DEEPAK B.R, ADVOCATE)
AND:
DR. M. SHARADA
Digitally signed
D/O LATE MADAIAH,
by NAGARAJA B AGED ABOUT 35 YEARS,
M
Location: HIGH RESIDING AT "RAJAGRAHA"
COURT OF
KARNATAKA WARD NO. 16, JAI BHEEM NAGAR IST STAGE,
BANNUR T. NARASIPURA TALUK,
MYSURU - 571 101.
...RESPONDENT
(BY SRI. VINUTHAN MURTHY B.V, ADVOCATE)
THIS CRL.P IS FILED U/S 482 OF CR.PC (FILED U/S 528
BNNS) PRAYING TO ALLOW THE CRL.P AND MAY BE PLEASED
TO SET ASIDE IMPUGNED ORDER DATED 02.07.2024 AND TO
QUASH THE ENTIRE PROCEEDINGS ON THE PETITION FILED BY
THE RESPONDENT AGAINST THE PETITIONERS UNDER THE
-2-
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CRL.P No. 10610 of 2024
HC-KAR
PROVISIONS OF SEC.144(1)(A) OF BNSS IN
CRL.MISC.NO.488/2024 ON THE FILE OF LEARNED CIVIL
JUDGE T.NARASIPURA MYSURU DISTRICT.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
ORAL ORDER
This petition is filed by the husband assailing the ex-
parte interim maintenance awarded by the learned Magistrate
vide order dated 02.07.2024 and further petitioner is also
seeking for quashing of the proceedings pending in Crl. Misc.
No.488/2024.
2. Heard the petitioner's counsel and perused the
judgments cited on behalf of the petitioner - husband and the
learned counsel appearing for respondent - wife.
3. Though this Court is not inclined to grant the main
relief sought by the petitioner for quashing the proceedings in
Crl. Misc. No.488/2024, which arise out of a maintenance
petition filed by the respondent-wife under the criminal
miscellaneous jurisdiction, this Court is, however, of the
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considered opinion that the interlocutory order dated
02.07.2024 granting interim maintenance warrants
interference.
4. As rightly contended by the learned counsel for the
petitioner-husband, the learned Magistrate, while granting
interim maintenance, has failed to consider the affidavit of
assets and liabilities submitted by the petitioner. The petitioner
has specifically contended that the respondent-wife is well-
qualified, holds a doctorate in Political Science, and is employed
as a Professor. Though the respondent-wife has disclosed her
educational qualifications, her affidavit does not reflect whether
she is gainfully employed or in receipt of regular income. While
the respondent's counsel, in response, has submitted that the
wife was not employed at the relevant point of time due to her
undergoing treatment for cancer, this Court finds that the
affidavit filed by the respondent-wife is incomplete and lacks
relevant particulars regarding her earning capacity or absence
thereof.
5. In such proceedings, a party claiming maintenance
is required to file a full and true disclosure of income, assets,
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and liabilities. The learned Magistrate, while empowered to
grant ex parte interim maintenance, ought to have satisfied
himself regarding the financial capacity and earning status of
the respondent-wife before passing such an order. In the
present case, such a satisfaction is conspicuously absent.
Further, the learned Magistrate did not afford the petitioner an
opportunity to respond before passing the ex parte order. In
these circumstances, the order dated 02.07.2024 suffers from
procedural irregularity and is liable to be set aside.
6. This Court is of the view that remanding the matter
to the learned Magistrate for reconsideration would not
prejudice the respondent-wife. If the respondent is indeed
unable to sustain herself and is undergoing medical treatment,
she is at liberty to disclose the same along with particulars of
her income or lack thereof. Upon such disclosure, if the
Magistrate is satisfied, she would be entitled to interim
maintenance from the date of the application.
7. In light of the above discussion, this Court proceeds
to pass the following:
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ORDER
i) The petition is allowed in part. The order dated
02.07.2024 passed by the learned Magistrate
granting interim maintenance is hereby quashed
and set aside.
ii) The matter is remitted to the learned Magistrate
for fresh consideration in accordance with law.
iii) The petitioner shall file his detailed objections, if
any, within one week from the date of receipt of a
certified copy of this order.
iv) The learned Magistrate, after providing an
opportunity of hearing to both parties, shall
reconsider the application seeking interim
maintenance and pass appropriate orders.
v) The learned Magistrate is requested to expedite
the hearing and dispose of the matter at the
earliest. Both parties and their respective counsels
shall cooperate for the expeditious disposal of the
application.
vi) The amount already deposited pursuant to the
impugned order shall be remitted back to the
learned Magistrate forthwith.
vii) In the event the respondent-wife succeeds in
establishing her entitlement to interim
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maintenance, the learned Magistrate shall release
the amount in deposit to her in accordance with
law.
Sd/-
(SACHIN SHANKAR MAGADUM)
JUDGE
YKL
CT: BHK
