Sri M Suresh Kumar S/O Veera Bhadrappa vs Smt J C Soumya Rani W/O S V Suresh Kumar on 19 August, 2013

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Karnataka High Court

Sri M Suresh Kumar S/O Veera Bhadrappa vs Smt J C Soumya Rani W/O S V Suresh Kumar on 19 August, 2013

Bench: Huluvadi G. Ramesh

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 IN THE HIGH COURT OF KARNATAKA, BANGALORE

    DATED THIS THE    19TH DAY OF AUGUST 2013
                      BEFORE

 THE HON'BLE MR. JUSTICE HULUVADI G. RAMESH

                 RPFC.No.143/2012

BETWEEN:

SRI M.SURESH KUMAR
S/O VEERA BHADRAPPA
AGED ABOUT 34 YEARS
R/AT NO.47, SHARADA NAGAR
BANGALORE - 560 062.
                                        ... PETITIONER

(BY SRI T.RAJARAM & SRI GOREPPA. S. ADVS.)

AND:

SMT. J.C.SOUMYA RANI
W/O S.V.SURESH KUMAR
MAJOR R/AT NO.72
SHIVA SADANA
RENUKAMBA NAGAR
CHUNCHANAGHATTA MAIN ROAD
KANAKAPURA ROAD
BANGALORE - 560 062.
                                   ... RESPONDENT

(BY SRI GUNASHEKAR, ADV.)

    THIS RPFC IS FILED UNDER SECTION 9(4) OF FAMILY
COURT ACT, AGAINST THE ORDER DATED 16.8.2012
PASSED   IN   C.MISC.NO.377/2009   ON    THE   FILE      OF
PRINCIPAL JUDGE, FAMILY COURT, BANGALORE, PARTLY
ALLOWING THE PETITION FILED U/S 125 OF CR.P.C. FOR
MAINTENANCE AND ETC.,
                             2




     THIS PETITION COMING ON FOR ADMISSION THIS
DAY, THE COURT MADE THE FOLLOWING:


                        ORDER

Petitioner has sought for setting aside the order dated 16.8.2012 passed in C.Misc.No.377/2009 as per Annexure-J and for such other orders.

2. Heard the learned counsel for the petitioner and the learned counsel for the respondent.

3. According to the submission of the learned counsel for the petitioner, the case is pending before the Magistrate. The Magistrate Court, by order dated 18.3.2011, granted Rs.2,000/- per month towards maintenance and another application is said to have been filed under Section 23 of the Prevention of Domestic Violence Act before the Family Court which, by order dated 16.8.2012, granted another Rs.3,000/- per month in addition to the monetary relief of Rs.2,000/- per month granted by the Magistrate Court.

4. Learned counsel for the respondent submits that the petitioner is a driver by profession. There is no 3 bar to proceed against the respondent under the Prevention of Domestic Violence Act as the proceeding is pending disposal before the trial Court.

5. Be that as it may, awarding maintenance of Rs.**5,000/- is reduced to Rs.**4,000/-. (*) Petition is disposed of accordingly.

Sd/-

JUDGE PB *Deleted vide chamber order dated 30.8.2013 ** Corrected vide order dtd. 5.9.2013

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