Karnataka High Court
Rahul S/O Ashvin Bhandari vs Smt. Pooja W/O Rahul Bhandari on 3 February, 2022
Author: Mohammad Nawaz
Bench: Mohammad Nawaz
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 3RD DAY OF FEBRUARY, 2022
BEFORE
THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ
CRIMINAL REVISION PETITION No.100283 OF 2021
BETWEEN
1 . RAHUL S/O ASHVIN BHANDARI
AGE. 28 YEARS, OCC. BUSINESS,
R/O. 15/4641,
NEAR GOVERNMENT AREA HOSPITAL,
CITY PRESS COMPOUND,
ADHONI, DIST. KURNOOL 518301.
2 . MEENA ASHVIN BHANDARI
AGE. 51 YEARS,
OCC. HOUSEHOLD WORK,
R/O. 15/4641,
NEAR GOVERNMENT AREA HOSPITAL,
CITY PRESS COMPOUND,
ADHONI, DIST. KURNOOL 518301.
...PETITIONERS
(BY SRI.R H ANGADI, ADVOCATE)
AND
1 . SMT. POOJA W/O RAHUL BHANDARI
AGE. 27 YEARS, OCC. HOUSEHOLD WORK,
R/O. G3, TORAL APARTMENT,
OPP. OM VEGETARIAN HOTEL,
KESHWAPUR, HUBBALLI-580009
2 . SHUBHAM ASHVIN BHANDARI
AGE. 25 YEARS, OCC. HOUSEHOLD WORK,
R/O. 15/4641,
NEAR GOVERNMENT AREA HOSPITAL,
CITY PRESS COMPOUND,
ADHONI, DIST. KURNOOL-518301
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3 . SOURABH ASHVIN BHANDARI
AGE. 23 YEARS, OCC. BUSINESS,
R/O. 15/4641,
NEAR GOVERNMENT AREA HOSPITAL,
CITY PRESS COMPOUND,
ADHONI, DIST. KURNOOL-583101.
4 . MANGANLAL AKHECHAND SOLANKI
AGE. 76 YEARS, OCC. BUSINESS,
R/O. BEHIND BHAWARALAL NAHAR HOUSE,
NEAR EX.MLA, SHANKARGOUDA HOUSE,
KURUBAR ONI, HOSPET, DIST. BELLARY 583101.
...RESPONDENTS
(BY SRI.MAHESH WODEYAR, ADVOCATE)
THIS CRIMINAL REVISION PETITION IS FILED U/S 397 R/W
401 OF CR.P.C., SEEKING TO ALLOW THE REVISION PETITION
AND CALL FOR RECORDS AND SET ASIDE THE IMPUGNED ORDER
PASSED IN CRIMINAL APPEAL NO.42/2021 DATED 12.10.2021, BY
I ADDITIONAL DISTRICT AND SESSIONS JUDGE DHARWAD
SITTING AT HUBBALLI AND AN ORDER PASSED IN CRIMINAL
MISC.NO.24/2019 DATED 06.03.2021 PASSED BY JMFC II COURT
HUBBALLI FILED U/S 12, 18, 19, 20 OF DV ACT, AND
CONSEQUENTLY DISMISS THE PETITION FILED BY THE
PETITIONER.
THIS CRIMINAL PETITION COMING ON FOR ORDER, THIS
DAY, THE COURT MADE THE FOLLOWING:
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ORDER
Heard the learned counsel for the petitioners and learned counsel for respondent No.1 and perused the material on record.
2. Respondent No.1 herein filed a petition under Section 12 of Protection of Women from Domestic Violence Act, 2005 (in short 'the Act') seeking relief under Sections 18, 19 and 20 of the Act. The said petition came to be allowed by the Court of JMFC-II at Hubballi in Crl.Misc.No.24/2019 vide order dated 06.03.2021. The petitioner No.1 herein was directed to pay maintenance of Rs.10,000/- per month from the date of petition and he was also directed to pay compensation of Rs.20,000,00/- to respondent no.1. The said order was challenged by the petitioners before the Sessions Court in Crl.A.No.42/2021. Learned Sessions Judge vide order dated 12.05.2021 was pleased to allow the appeal filed under Section 29 of the Act and set aside the impugned order and remanded the matter to the trial Court to dispose of afresh. The 4 appellate Court directed the petitioner No.1 herein to deposit arrears of maintenance amount of Rs.10,000/- per month from the date of petition till the date of deposit within one month and also to produce their side of evidence within two months from the date of appearance before the trial Court and on other terms. The said order passed by the learned Sessions Judge is under challenge in this revision petition.
3. The primary contention of the learned counsel for the petitioners is that, petitioner No.1 is already paying monthly maintenance of Rs.10,000/- as ordered by the Family Court, Hubballi in Crl. Misc.No.24/2019 and therefore, it is an additional burden for him. He would further contend that the learned Sessions Judge was not proper in directing the petitioner No.1 to pay maintenance when the impugned order has been set aside. He contends that petition filed before the learned Magistrate itself is not maintainable and therefore, he seeks to set aside the impugned order.
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4. It is not in dispute that respondent No.1 is the legally wedded wife of petitioner No.1. It is stated that, their marriage took place on 25.11.2017 at Gujarath Bhavan, Hubballi. The petition under Section 12 of the Act, 2005 seeking reliefs under Section 18, 19 and 20 of the Act was filed by respondent No.1 on the ground that, her husband and his relatives have given mental and physical torture to her etc. and on 20.10.2018, she was driven out of the house and since then she is residing in her parental house at Hubballi. Further, she is unable to earn her livelihood and she requires Rs.15,000/- per month for food, cloth and rent of the house and other expenses.
5. Learned Sessions Judge has remanded the matter to the trial Court to dispose of afresh with certain directions. It cannot be said that directing the petitioners to deposit arrears of monthly maintenance of Rs.10,000/- as ordered by the appellate Court is unreasonable. The learned counsel for the respondent has drawn the attention of the Court to Sec.20(1)(d) of the Act,2005 to contend that the 6 maintenance awarded to an aggrieved person can be passed in addition to an order of maintenance passed under Section 125 of Cr.P.C. Hence, no grounds are made to interfere with the impugned order.
6. Since, the matter has been remanded back to the trial Court with specific directions, the petitioners can always take, all the contentions before the trial Court. There is no merit in the revision petition. Accordingly, the revision petition is dismissed.
7. Learned counsel for the petitioners submit that, in view of the prevailing situation of Covid-19 pandamic and the restrictions imposed, the petitioners could not complete their evidence within the stipulated time. He therefore, submits that reasonable time may be granted to adduce evidence on behalf of the petitioners.
8. Learned counsel for the respondent No.1 has no objection to the said request.
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9. Hence, Parties are directed to appear before the trial Court on 16.02.2022 without any further notice or on any other date fixed by the trial Court. The petitioners shall complete their side of evidence within two months from the said date and both the parties shall co-operate in the speedy disposal of the case.
Sd/-
JUDGE HMB