Karnataka High Court
Mrs Syeda Uzma Kauser Khadri vs Mr Sameer Ahmed on 24 February, 2025
Author: H.P.Sandesh
Bench: H.P.Sandesh
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NC: 2025:KHC:8184
CRL.RP No. 1467 of 2023
C/W CRL.RP No. 290 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 24TH DAY OF FEBRUARY, 2025
BEFORE
THE HON'BLE MR JUSTICE H.P.SANDESH
CRIMINAL REVISION PETITION NO. 1467 OF 2023
C/W
CRIMINAL REVISION PETITION NO. 290 OF 2024
IN CRL.RP No. 1467/2023:
BETWEEN:
1. MRS. SYEDA UZMA KAUSER KHADRI
D/O SYED BASHEER AHMED
W/O SAMEER AHMED
AGED ABOUT 37 YEARS
2. BABY ZAINAB FATHIMA
D/O SAMEER AHMED
AGED ABOUT 7 YEARS
(PETITIONER NO.2, BEING A MINOR IS
REPRESENTED BY HER MINOR-NATURAL GUARDIAN
MOTHER SMT. SYEDA UZMA KAUSER KHADRI)
Digitally signed
by DEVIKA M
Location: HIGH BOTH PETITIONERS NO.1 AND 2 ARE
COURT OF R/AT NO.8, BACK PORTION
KARNATAKA MASJID STREET
Y.G.PALYA, AUSTIN TOWN
BENGALURU-560 047.
...PETITIONERS
(BY SRI. AMRUTHESH C., ADVOCATE)
AND:
1. MR. SAMEER AHMED
S/O LATE BAHSEER AHMED
AGED ABOUT 41 YEARS
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NC: 2025:KHC:8184
CRL.RP No. 1467 of 2023
C/W CRL.RP No. 290 of 2024
2. MRS. IRSHAD BEGUM
W/O LATE BHASHEER AHEMD
AGED ABOUT 69 YEARS
3. MR. SHAHBAZ AHMED
S/O LATE BHASHEER AHEMD
AGED ABOUT 36 YEARS
RESPONDENTS NO.1 TO 3 ARE
R/AT FLAT NO.303
SOUTHERN NEST APARTMENT
2ND MAIN, 4TH CROSS
AMBEDKAR LAYOUT
KAVALBYRASANDRA
BENGALURU-560 032.
...RESPONDENTS
(BY SRI. K. AKRAM PASHA, ADVOCATE FOR R1;
VIDE ORDER DATED 17.11.2023,
NOTICE TO R2 AND R3 ARE DISPENSED WITH)
THIS CRL.RP IS FILED UNDER SECTION 397 R/W 401 OF
CR.P.C PRAYING TO SET ASIDE THE JUDGEMENT DATED
01.09.2023 INSOFAR AS INADEQUATE INTERIM MAINTENANCE
AND THE ORDER OF REMANDING THE MATTER FOR CONSIDER
OF I.A. FOR INTERIM MAINTENANCE FILED U/S 23(2) OF THE
PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT,
2005, PASSED IN CRL.A.NO.2557/2019, ON THE FILE OF THE
LEARNED LXVI ADDL. CITY CIVIL AND SESSIONS JUDGE,
CCH-67, BENGALURU, PRODUCED AS ANNEXURE-A. AND TO
SET ASIDE THE ORDER DATED 14.10.2019 PASSED IN C.MISC.
NO.235/2017 ON I.A. FILED U/S 23(2) OF THE PROTECTION OF
WOMEN FROM DOMESTIC VIOLENCE ACT, 2005, ON THE FILE
OF THE LEARNED MMTC-1, PRODUCED AS ANNEXURE-B AND
CONSEQUENTLY ALLOW THE I.A. FILED BY THE APPELLANTS
U/S 23(2) OF THE PROTECTION OF WOMEN FROM DOMESTIC
VIOLENCE ACT, 2005, ON THE FILE OF THE LEARNED MMTC-1,
IN C.MISC.NO.235/2017 AND AWARD AN INTERIM
MAINTENANCE OF RS.50,000/- (RUPEES FIFTY THOUSAND).
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NC: 2025:KHC:8184
CRL.RP No. 1467 of 2023
C/W CRL.RP No. 290 of 2024
IN CRL.RP NO. 290/2024:
BETWEEN:
1. SRI. SAMEER AHMED
S/O LATE BASHEER AHMED
AGED ABOUT 35 YEARS
2. SMT. IRSHAD BEGUM
W/O LATE BASHEER AHMED
AGED ABOUT 63 YEARS
3. SMT. SHAHBAZ AHMED
S/O LATE BASHEER AHMED
AGED ABOUT 32 YEARS
ALL ARE R/AT NO.1311, 1ST FLOOR
2ND CROSS, KAVALBYRASANDRA
BANGALORE-560 032 (D.J. HALLI LIMITS).
...PETITIONERS
(BY SRI. K. AKRAM PASHA, ADVOCATE)
AND:
1. SMT. SYED UZMA KAUSER KHADRI
W/O SRI. SAMEER AHMED
D/O SRI. SYED BASHEER AHMED
AGED ABOUT 31 YEARS
2. BABY ZAINAB FATHIMA
D/O SAMEER AHMED
AGED ABOUT 2 YEARS,
REPRESENTED BY HER NATURAL
GUARDIAN OF THE MOTHER
(SMT. SYEDA UZMA KAUSER KHADRI)
BOTH ARE R/AT NO.8, BACK PORTION
MASJID STREET, Y.G.PALYA, AUSTIN TOWN
BANGALORE-560 047.
...RESPONDENTS
(BY SRI. AMRUTHESH C., ADVOCATE FOR R1 AND R2)
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NC: 2025:KHC:8184
CRL.RP No. 1467 of 2023
C/W CRL.RP No. 290 of 2024
THIS CRL.RP IS FILED UNDER SECTION 397 R/W 401
OF CR.PC PRAYING TO SET ASIDE THE KIND ORDER DATED
01.09.2022 IN CRL.A.NO.2557/2019 BY THE HON'BLE
ADDL. CITY CIVIL AND SESSIONS JUDGE AT BENGALURU
AND TO SET ASIDE THE KIND ORDER DATED 14.10.2019
IN CRL.MISC.NO.235/2017 PASSED BY THE HON'BLE
MAGISTRATE COURT AT BENGALURU.
THESE PETITIONS COMING ON FOR ORDERS THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE H.P.SANDESH
ORAL ORDER
Heard learned counsel for petitioners and respective
counsels for respondents.
2. The only grievance before this Court in these
revision petitions by the petitioners is that though Trial Court
passed an order to pay amount of Rs.15,000/- per month and
the same is not paid and only on direction of this Court, the
husband has made payment of Rs.5,00,000/- and now,
according to the petitioners, Rs.7,74,000/- is due in terms of
the order passed by the First Appellate Court from the date of
application modifying the order of the Trial Court, wherein an
order has been passed from the date of the order.
NC: 2025:KHC:8184
3. Learned counsel for the respondents seeks two
months time to make balance payment. The other ground
urged by the learned counsel for the petitioners is that, First
Appellate Court ought to have considered the assets and
liabilities placed by both of them and declaration made by them
and ought to have passed an order considering the same. But,
the fact is that the same has not been discussed in the order of
the First Appellate Court, except stating in paragraph No.9 that
the appellant-wife and respondent-husband filed assets and
liabilities declaration affidavits. The appellants and respondents
filed written arguments on I.A.No.1 and on main appeal.
Hence, the First Appellate Court directed to decide the
application under filed Section 23(2) of the D.V. Act. The Apex
Court also directed to considering the interim application afresh
by giving opportunity to both sides considering the judgment of
the Apex Court in RAJANISH VS. NEHA in accordance with
law.
4. Having considered the same, the First Appellate
Court not considered the assets and declaration made by them
and I do not find any error committed by the First Appellate
Court and the First Appellate Court ought to have directed to
NC: 2025:KHC:8184
dispose of the interim application within a time bound period,
but no such order has been passed. Hence, it is appropriate to
direct the First Appellate Court to consider the interim-
application within a time bound period of one month from today
and the respondent-husband is directed to pay Rs.15,000/- per
month as ordered by this Court which is modified by the First
Appellate Court to meet the expenses of the child, since
petitioner is having daughter. With regard to the employment
of the petitioner is concerned, the same has been considered
by the Trial Court. Hence, while considering the interim-
application, the Trial Court is directed to consider the assets
and liabilities declaration made by them and take decision
within one month. The respondent is also directed to pay
arrears within 45 days from today.
Accordingly, the criminal revision petitions stand disposed
of.
Sd/-
(H.P.SANDESH)
JUDGE
ST
