Karnataka High Court
Smt. Sujata Sandeep Krishnan vs Sri Sandeep Krishnan on 10 February, 2014
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`IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 10th DAY OF FEBRUARY 2014
BEFORE
HON'BLE MR. JUSTICE PRADEEP D. WAINGANKAR
CRIMINAL REVISION PETITION NO.844 OF 2013
BETWEEN
SMT. SUJATA SANDEEP KRISHNAN
W/O MR.SANDEEP KRISHNAN,
AGED ABOUT 38 YEARS,
R/O NO.511, A BLOCK,
KNIGHT BRIDGE APT. KUNDANAHALLI,
ITPL MAIN ROAD,
BANGALORE-56
... PETITIONER
(By Sri: BHARATH KUMAR V, ADV., )
AND
1. SRI SANDEEP KRISHNAN
AGED ABOUT 38 YEARS,
R/O NO.511, "A" BLOCK,
KNIGHT BRIDGE APT. KUNDANAHALLI,
ITPL MAIN ROAD,
BANGALORE.
ALSO RESIDING AT:
B-208, ASHISH RAJANI APARTMENT,
2ND FLOOR, BEHIND SHRIRAM SAMRUDDHI,
NEAR VIBGYOR HIGH SCHOOL,
THUMBRAHALLI,
BANGALORE-560037.
2. SMT JAYA NANDY @ JAYA BASU
@ JAYAA SHREE BASU @ JAYAA SANDEEP
W/O LT.COL SHOURAV NANDY,
D/O MR.AMAL MOHAN BASU,
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AGED MAJOR,
B-208, ASHISH RAJANI APARTMENT,
2ND FLOOR, BEHIND SHRIRAM SAMRUDDHI,
NEAR VIBGYOR HIGH SCHOOL,
THUMBRAHALLI,
BANGALORE-560037.
... RESPONDENTS
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THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C PRAYING
TO SET ASIDE THE ORDER DATED 07.10.2013 PASSED BY THE
HON'BLE M.M.T.C.-I, BANGALORE AND CONSEQUENTLY ALLOW
THE APPLICATION UNDER SECTION 23 OF THE ACT ON AN EX-
PARTE BASIS.
THIS CRL.RP COMING ON FOR ORDERS THIS DAY, THE
COURT MADE THE FOLLOWING:
ORDER
The revision petitioner has filed a petition under Section 12 of the Protection of Women from Domestic Violence Act, 2005 before the I Metropolitan Magistrate Traffic Court, Bangalore. It appears alongwith the petition, she filed an application seeking for grant of exparte order regarding interim maintenance. Learned Magistrate issued notice to the other side. That has been challenged in this revision petition.
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By the impugned order of issuance of notice, the rights of the petitioner-wife are in no way affected. As soon as the respondent appears, the application for interim relief will be considered on merits by the Magistrate. Therefore, in my opinion, no revision lies against the said order. Hence, criminal revision petition is dismissed as not maintainable. However, having regard to the submission made by the learned counsel for the revision petitioner, the learned Magistrate is directed to dispose of I.A.No.1 on merits within a period of 30 days from the date of service of notice on the respondent-husband.
Sd/-
JUDGE *mn/-