Karnataka High Court
Purya Naik @ Poorya Naik N vs Smt.Manjula @ Manjula Bai on 18 February, 2025
Author: S. R. Krishna Kumar
Bench: S. R. Krishna Kumar
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NC: 2025:KHC:7216
CRL.P No. 745 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 18TH DAY OF FEBRUARY, 2025
BEFORE
THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
CRIMINAL PETITION NO. 745 OF 2023
BETWEEN:
PURYA NAIK @ POORYA NAIK. N,
S/O LATE NAGYA NAIK,
AGED ABOUT 67 YEARS,
RETIRED A.S.I.
R/AT NEAR H. P. GAS GODOWN,
KONDAJJI ROAD, ASHOKNAGAR,
DAVANAGERE - 577 101
...PETITIONER
(BY SRI. S G RAJENDRA REDDY, ADVOCATE)
AND:
SMT. MANJULA @ MANJULA BAI
W/O LATE N.P. NAVEEN KUMAR,
AGED ABOUT 31 YEARS,
Digitally signed by
VANAMALA N HOUSEWIFE,
Location: HIGH R/AT C/O. RAMA NAIK,
COURT OF AREHALLI VILLAGE,
KARNATAKA CHANNAGIRI TALUK,
DAVANAGERE DISTRICT.
...RESPONDENT
(BY SRI. GOPALAKRISHNA MURTHY C, ADVOCATE)
THIS CRL.P IS FILED U/S. 397 R/W 401 CR.P.C PRAYING
TO SET ASIDE THE JUDGMENT AND ORDER DATED 06.12.2022
PASSED BY THE II ADDITIONAL DISTRICT AND SESSIONS
JUDGE, DAVANAGERE IN CRL.A.NO.66/2022 AND ALSO THE
ORDER DATED 11.08.2021 PASSED BY THE JUDICIAL
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NC: 2025:KHC:7216
CRL.P No. 745 of 2023
MAGISTRATE FIRST CLASS, THIRD COURT, DAVANAGERE IN
CRL.MISC.NO.380/2020.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE S. R. KRISHNA KUMAR
ORAL ORDER
This petition filed by respondent No.1 in
Crl.Misc.No.380/2020 is directed against the impugned
order dated 11.08.2021 passed by the trial Court which
was confirmed by the first appellate Court in Criminal
Appeal No.66/2022 which dismissed the appeal filed by
the petitioner.
2. A perusal of the material on record will indicate
that the respondent was married to one late N.P.Naveen
Kumar and the petitioner is none other than the father of
the aforesaid N.P.Naveen Kumar. Pursuant to the demise
of the aforesaid N.P.Naveen Kumar on 05.10.2017,
respondent filed a petition in Crl.Misc.No.380/2020 against
the petitioner and other family members under Section 12
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of the Protection of Women from Domestic Violence Act,
2005 (for short, 'PWDV Act').
3. In the said proceedings, respondent filed an
application under Section 23(2) of the PWDV Act for
interim relief directing the petitioner to pay interim
maintenance which was granted by the trial Court vide
impugned order dated 11.08.2021, thereby, directing the
petitioner to pay interim maintenance at Rs.3,000/- per
month to the respondent.
4. Aggrieved by the same, petitioner filed an appeal
in Criminal Appeal No.66/2022 which was dismissed by the
Sessions Judge vide impugned order dated 06.12.2022.
5. Aggrieved by the impugned orders passed by the
trial Court and first appellate Court, petitioner is before
this Court in the present petition.
6. A perusal of the material on record will indicate
that though the respondent had specifically stated that she
was prevented from entering the shared household after
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the demise of her husband by the petitioner, the said
contention is seriously disputed by the petitioner as is
seen from the pleadings and contentions of the parties.
Despite the fact that there are rival contentions as regards
entitlement of the respondent to seek interim maintenance
from the petitioner pursuant to the demise of her
husband, neither the trial Court nor the first appellate
Court have recorded clear or categorical findings in this
regard.
7. Under these circumstances, in the light of the
cryptic, laconic and non-speaking orders passed by the
trial Court and the first appellate Court with regard to the
provisions of the PWDV Act and the right of the
respondent to claim interim maintenance from her father-
in-law as well as liability of the father-in-law to pay interim
maintenance to his daughter-in-law, without expressing
any merits/demerits on the rival contentions, I deem it
just and appropriate to set aside the impugned orders and
remit the matter back to the trial Court for reconsideration
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of the application for interim maintenance afresh in
accordance with law within a stipulated time frame.
8. In the result, I proceed to pass the following:
ORDER
(i) The petition is hereby allowed.
ii) The proceedings in Crl.A.No.66/2022 on
the file of the II Addl. District and Sessions
Judge, Davanagere and also the
proceedings in Crl.Misc.No.380/2020 on
the file of the III Judicial Magistrate First
Class, Davanagere are hereby set aside.
(iii) Matter is remitted back to the trial Court
for reconsideration of the application for
interim maintenance filed by the
respondent afresh in accordance with law.
(iv) Trial Court is directed to reconsider the
application afresh and pass appropriate
orders in accordance with law within a
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period of three (3) months from the date
of receipt of a copy of this order.
Sd/-
(S.R.KRISHNA KUMAR)
JUDGE
SA
