[Cites 4, Cited by 0]
Karnataka High Court
Vivekanand vs Reshma on 8 April, 2026
-1-
NC: 2026:KHC-K:3100
CRL.P No. 200408 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 8TH DAY OF APRIL, 2026
BEFORE
THE HON'BLE MR. JUSTICE G BASAVARAJA
CRIMINAL PETITION NO. 200408 OF 2026
(482(Cr.PC)/528(BNSS))
BETWEEN:
VIVEKANAND
S/O VAIJANANTH AINAPURE
AGE: 37 YEARS,
OCC: MECHANIC ENGINEER
R/O KARAPAKAPALLI, TQ: CHITGUPPA
DIST: BIDAR-585412
...PETITIONER
(BY SRI. SAGAR RAMACHENDAR, ADVOCATE)
AND:
Digitally signed by 1.
RAMESH RESHMA W/O VIVEKANANDA
MATHAPATI (D/O NEHRU MANGALGI)
Location: HIGH
COURT OF AGE: 27 YEARS, OCC: HOUSEHOLD
KARNATAKA R/O KARAPAKPALLI VILLAGE
TQ: CHITGUPPA, NOW RESIDING AT
TUGAON KATTE, TQ.: BHALKI
DIST: BIDAR-585414
2. VIDHYAVATHI
W/O VAIJANATH AINAPURE
AGE: 57 YEARS, OCC: HOUSEHOLD
R/O KARAPAKAPALLI,
TQ: CHITGUPPA
DIST: BIDAR-585412
-2-
NC: 2026:KHC-K:3100
CRL.P No. 200408 of 2026
HC-KAR
3. VAIJANATH
S/O VEERAPPA AINAPURE
AGE: 57 YEARS, OCC: BUSINESS
R/O KARAPAKAPALLI, TQ: CHITGUPPA
DIST: BIDAR-585412
4. VEERESH S/O VAIJANATH AINAPURE
AGE: 39 YEARS, OCC: SOFTWARE ENGINEER
R/O KARAPAKAPALLI, TQ: CHITGUPPA
DIST: BIDAR-585412
...RESPONDENTS
THIS CRL.P IS FILED U/SEC. 482 OF CR.P.C (OLD)
U/SEC. 528 OF BNSS (NEW) PRAYING TO, SET ASIDE THE
IMPUGNED ORDER DATE 06-11-2023 PASSED IN CRIMINAL
MISC NO.518/2023 ON THE FILE OF THE CIVIL JUDGE AND
JMFC BHALKI AT BHALKI; II) ORDER FOR COSTS OF THIS
CRIMINAL PETITION.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE G BASAVARAJA
ORAL ORDER
Case called out, none appears for the petitioner.
This petition is filed under Section 528 of Bharatiya
Nagarik Suraksha Sanhita, 2023 seeking to set aside the
impugned order dated 06.11.2023 passed in Criminal
Misc.No.518/2023 on the file of the Civil Judge and JMFC,
Bhalki.
NC: 2026:KHC-K:3100
HC-KAR
2. The Trial court has passed an ex-parte order on
IA.No.1 which reads as under:
"EXPARTE ORDER ON IA.NO.1
The petitioner has filed this application
under Sec.23(2) of DV Act., seeking interim
maintenance of Rs.50,000/- per month against
the respondent till the pending disposal of the
main petition.
The petitioner in her affidavit annexed to
this application has stated that she is the legally
wedded wife of the respondent, neglected her to
maintain. The respondent is a Mechanical
Engineer, having monthly income of
Rs.1,00,000/- and Rs.1,50,000/- from
agriculture. He has sufficient income to provide
basic necessities to the petitioner for her lively
hood. Hence, she has prayed to allow her
application.
On perusal of the materials placed on
record with petition filed by the petitioner with
regard to the source of income, I am of the
opinion that there are no reasons to disbelieve
the contentions of the petitioner regarding the
neglect on the part of the respondent to
maintain her. Therefore, by considering the
available documents, at this juncture, I am of
the opinion that it is just and necessary to grant
an exparte interim maintenance of Rs.6,000/- to
the petitioner per month until this order is varied
or modified or set-aside. Therefore, I proceed to
pass the following:
NC: 2026:KHC-K:3100
HC-KAR
ORDER
The respondent is hereby directed to pay
monthly interim maintenance of Rs.6,000/- per
month to the petitioner from the date of this
order till it is varied or modified or set-aside.
Issue emergent notice on order passed on
IA.No.1 along with the copy of this order and
also issue notice of the main petition to the
respondent.
Returnable by: 15/12/2023."
3. The petitioner has filed this petition to quash
the aforesaid order passed by the trial Court. There is a
provision under Section 25 of the Protection of Women
from Domestic Violence Act, 2005 to make an application
for alteration, modification or revocation of the ex-parte
order passed by the Trial Court. The petitioner has not
taken steps to file necessary application under Section 25
of Protection of Women from Domestic Violence Act, 2005
to alter/revoke the ex-parte order passed by the trial
Court. Hence, this petition is not maintainable before this
court at this stage. Accordingly, I proceed to pass the
following:
NC: 2026:KHC-K:3100
HC-KAR
ORDER
(a) The petition is dismissed.
(b) The petitioner is at liberty to file an
application under Section 25 of Protection of
Women from Domestic Violence Act, 2005,
before the Trial Court. If such an application if
filed, the Trial Court is directed to consider
the same in accordance with law.
(c) The trial Court is also directed to direct the
parties to file their affidavit with regard to
their assets and liabilities as per the law laid
down by the Hon'ble Apex Court in the case of
Rajneesh Vs. Neha and Others, reported in
2021 (2) SCC 324.
Registry is directed to send the copy of this order to the
Trial Court.
Sd/-
(G BASAVARAJA)
JUDGE
MSR
List No.: 1 Sl No.: 16
CT-BH
