Anjum Afsana vs A L Zubear Ur Rahaman
2025 Latest Caselaw 9211 Kant

Karnataka High Court

Anjum Afsana vs A L Zubear Ur Rahaman on 15 October, 2025

Author: Mohammad Nawaz

Bench: Mohammad Nawaz

                                         -1-
                                                      NC: 2025:KHC:40930
                                                 CRL.P No. 7342 of 2024


               HC-KAR




                 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                      DATED THIS THE 15TH DAY OF OCTOBER, 2025

                                      BEFORE
                   THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ
                        CRIMINAL PETITION NO. 7342 OF 2024


               BETWEEN:

               ANJUM AFSANA
               W/O A.L. ZUBEAR UR RAHAMAN,
               D/O MUZAM ALI TAILOR,
               AGED ABOUT 31 YEARS,
               R/AT 16TH CROSS, NEAR MASJID
               E-MUHAJREEN, RANGAPURA ROAD,
               GANDHINAGAR, TIPTUR TOWN,
               TUMAKURU DISTRICT PIN-572 201.
                                                           ...PETITIONER

               (BY SRI. MALLE GOWDA H.P., ADVOCATE)

               AND:
Digitally
signed by
LAKSHMI T      A.L. ZUBEAR UR RAHAMAN
Location:      S/O AJAZ AHMED,
High Court
of Karnataka   AGED ABOUT 36 YEARS,
               R/AT LG 6-22ND MAIN, 2ND CROSS,
               K.H.B. COLONY, TIPTUR TOWN,
               TUMAKURU DISTRICT PIN-572 201.
                                                          ...RESPONDENT

               (BY SRI. MOHAMED UMMAR FAROOQ, ADVOCATE)

                    THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO SET
               ASIDE THE ORDER OF APPELLATE COURT DATED 29.12.2023
               IN CRL. APPEAL NO.10029/2023 PASSED BY 5TH ADDITIONAL
               DISTRICT AND SESSIONS JUDGE, AT TUMAKURU (SITTING AT
               TIPTUR) AT ANNEXURE-A.
                              -2-
                                          NC: 2025:KHC:40930
                                      CRL.P No. 7342 of 2024


HC-KAR




    THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:

CORAM:      HON'BLE MR. JUSTICE MOHAMMAD NAWAZ


                       ORAL ORDER

Order dated 29.12.2023 passed by the learned

Sessions Judge in Crl.A No.10029/2023 is assailed in this

petition.

2. The petitioner herein filed a petition under the

provisions of the Protection of Women from Domestic

Violence Act, 2005 ('Act' for short) before the Court of Civil

Judge (Sr. Dn) and JMFC at Tiptur in Crl.Misc (DVA)

No.81/2021. The exparte order dated 16.09.2021 passed

in the said case, directing the respondent herein to pay

interim maintenance of Rs.10,000/- per month to the

minor son was challenged by him before the Sessions

Court. The learned Sessions Judge vide impugned order

dated 29.12.2023 set aside the said exparte order and

remanded the matter to the trial Court for fresh disposal

after giving an opportunity to contest the claim seeking

NC: 2025:KHC:40930

HC-KAR

interim maintenance and thereto pass the order in

accordance with law.

3. Considering that the order under appeal was an

exparte order and no notice was issued before passing the

order, further, minor son was not a party and no

opportunity was provided to the petitioner herein to

contest the case, the learned Sessions judge has

remanded the matter to the trial Court for fresh disposal.

There is no error in the impugned judgment.

4. This petition was filed on 08.07.2024. There is

no order of stay passed. Now the case is pending

adjudication before the trial Court. Hence, keeping open

all the contention of both the parties to be raised before

the trial Court, petition is disposed of.

Sd/-

(MOHAMMAD NAWAZ) JUDGE

HB