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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 03RD DAY OF DECEMBER, 2019
BEFORE
THE HON’BLE MR.JUSTICE B.A.PATIL
CRIMINAL REVISION PETITION No.743 OF 2019
BETWEEN:
Sri. N. Govindaraju
S/o Narayana Raju
Aged about 46 Years
Resident of No.30/2
Kamadhenu Nilaya
Swimming Pool Extension
Sudeendra Nagar, 7th Cross
Malleshwaram,
Bengaluru – 560 003.
… Petitioner
(By Sri. Dayalu K. N, Adv.)
AND:
1. Smt. Vagdevi
D/o late Doddaraju
W/o N. Govindaraju
Aged about 42 Years
2. Master Shashnk G
S/o N. Govindaraju
Aged about 10 Years
Since Minor Represented by his
Mother Smt. Vagdevi
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Both are r/at KSRTC Colony
Near APS School, Ward No.23,
Hosur Road, Anekal Town,
Bengaluru District – 562106. …Respondents
(By Sri Chandrashekar P Patil, Advocate)
This Criminal Revision Petition is filed under Section
397 r/w 401 of SectionCr.P.C praying to set aside the order dated
05.02.2019 passed in C.Misc.No.69/2019 on the file of
Principal Civil Judge JMFC, Anekal, Bengaluru Rural
District.
This Criminal Revision Petition coming on for
Admission, this day the Court made the following:-
ORDER
This petition has been filed by the petitioner-husband
challenging the order dated 5.2.2019 passed in Crl. Misc.
No.69/2019 on the file of the Principal Civil Judge and
JMFC, Anekal.
2. Heard the learned counsel for the petitioner and
the learned counsel for the first respondent-wife.
3. The case of the respondent-wife is that, the
marriage between the petitioner and the first respondent
was solemnized on 25.02.2001. Out of the wedlock, a male
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child was born on 12.9.2008. It is further contended that
the dowry was given at the time of marriage to the
petitioner and subsequently, petitioner-husband started
giving physical and mental torture to the 1st respondent
demanding further dowry. A police complaint was also
registered in this regard at Anekal police station.
Thereafter, again she joined the petitioner-husband. But
the harassment and ill-treatment continued and as such,
she left her matrimonial house and another complaint was
registered against the petitioner before Vyalikaval police
station for the offence punishable under Sections 498A and
Section506 of IPC, which is pending in C.C.No.25694/2017. It is
further contended that petitioner-husband is having
sufficient source of income. The respondents are residing
in a rented house and second respondent is studying in 5th
standard and respondent-wife is not able to pay even the
fees of the second respondent and now she is working as a
teacher on a temporary basis. On these grounds, she has
prayed for monthly maintenance of Rs.15,000/- before the
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Court below. Application was also filed for grant of interim
maintenance. The trial Court, by the impugned order, has
granted monthly maintenance of Rs.5,000/-. Being
aggrieved by the same, petitioner-husband is before this
Court.
4. The main grounds urged by the learned counsel for
the petitioner is that without service of notice and without
giving any opportunity to the petitioner, the impugned
order has been passed, as such, the same is liable to be set
aside. It is his further submission that the principles of
natural justice have not been followed before passing the
order. Petitioner is not having sufficient source of income
and the amount awarded to the extent of Rs.5,000/- is on
the higher side. On these grounds, he prayed to allow the
petition and to set aside the impugned order.
5. Per-contra, learned counsel for the first
respondent-wife vehemently argued and submitted that
second respondent is studying in 5th standard and in order
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to pay the fees and other incidental charges, the amount
granted by the Court below is on the lower side. It is his
further submission that the Court below by exercising the
power conferred on it has granted the interim maintenance
of Rs.5,000/-. There are no grounds to interfere with the
order of the trial Court and it deserves to be confirmed. On
these grounds, he prayed to dismiss the petition.
6. I have carefully and cautiously gone through the
submissions made by the learned counsel for the parties
and perused the records.
7. It is the contention of the learned counsel for the
petitioner-husband that the Court below without giving
notice to the petitioner, has passed the impugned order by
violating the principles of natural justice. But, it is well
settled proposition of law as held by the Hon’ble Apex
Court and this Court in catena of decisions that the Court
below is having discretionary power to grant interim
maintenance, if such application has been filed, in order to
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avoid destitution and hardship which would be caused to
the respondent-wife and her child.
8. It is the contention of the learned counsel for the
petitioner that the interim maintenance granted is on the
higher side. On the contrary, it is the contention of the
learned counsel for the respondents that the respondent-
wife is doing part time job as teacher and the income she is
getting is not sufficient to meet the day to day expenses
including the expenses of the child. However, the matter is
to be heard and decided on merits before the Court below.
9. Keeping open all the contentions to be urged before
the Court below, I am of the considered opinion that, if
petitioner-husband is directed to pay a monthly interim
maintenance of Rs.3,500/- per month till final adjudication
of the dispute, it would meet the ends of justice.
10. In that light, petition is partly allowed. The
impugned order dated 5.2.2019 passed in
Crl.Misc.No.69/2019 is modified and petitioner-husband is
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directed to pay interim maintenance of Rs.3,500/- per
month from today till the disposal of the petition before the
Court below.
I.A.No.3/2019 filed for vacating stay does not survive
for consideration. Hence, the same is disposed of.
Sd/-
JUDGE
bkp