Sri B Vinay vs Smt Rashmi on 17 January, 2023

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Karnataka High Court

Sri B Vinay vs Smt Rashmi on 17 January, 2023

Bench: Hemant Chandangoudar

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       IN THE HIGH COURT OF KARNATAKA AT BENGALURU

         DATED THIS THE 17TH DAY OF JANUARY, 2023

                         BEFORE

    THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR

              CRIMINAL PETITION NO.5139/2016

BETWEEN:

SRI B VINAY
S/O BORAIAH
AGED ABOUT 29 YEARS
SRI BHYRAVESHWARA NILAYA
3RD CROSS, VIDYANAGARA
NETAJI ROAD
TUMKUR DISTRICT-572107.
                                               ...PETITIONER
(BY SRI RAVIKUMARA B.R., ADVOCATE)

AND:

SMT. RASHMI
W/O B. VINAY
AGED ABOUT 28 YEARS
NOW R/AT KUVEMPUNAGAR
2ND BLOCK, 4TH MAIN, 4TH CROSS
TUMKUR TOWN-572107.
                                           ...RESPONDENT
(BY SRI N. SURESHA, ADVOCATE)

     THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
OF THE CODE OF CRIMINAL PROCEDURE, PRAYING TO SET
ASIDE THE EXPARTE INTERIM MAINTENANCE ORDER PASSED BY
THE II ADDITIONAL CIVIL JUDGE AND J.M.F.C. AT TUMKUR IN
C.MIS.NO.6/2016 DATED 11.04.2016 AS ANNEXURE-C AND SET
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ASIDE THE ORDER PASSED ON I.A. UNDER SECTION 397
CR.P.C. FOR INTERIM STAY AND DIRECTING TO THE
PETITIONER PAYING MAINTENANCE OF RS.5000/- PER MONTH
TILL DISPOSE OF THE REVISION PETITION PASSED BY THE 1ST
APPELLATE COURT II ADDITIONAL DISTRICT AND SESSION
JUDGE AT TUMKUR IN CRL.R.P.NO.35/2016 DATED 13.06.2016
AS ANNEXURE-F BY ALLOWING THE ABOVE PETITION.

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

                              ORDER

This petition under Section 482 of Cr.PC is filed challenging the order dated 13.6.2016 directing the petitioner herein to pay maintenance of Rs.5,000/- p.m. until disposal of the revision petition. This Court by interim order dated 3.2.2021 stayed the operation of the impugned order subject to petitioner paying a sum of Rs.3,000/- p.m. towards maintenance .

2. The learned counsel appearing for the petitioner submits that in light of the interim order passed by this Court, the petitioner is paying Rs.3,000/- p.m. as maintenance to the respondent and undertakes to pay the same till the proceeding before the learned District and Sessions Judge is concluded. The matter is of the year 2016, and the interim order is operating till date. Hence, it would appropriate to dispose of the petition 3 directing the petitioner to pay a sum of Rs.3,000/- p.m. as interim maintenance to the respondent herein till the proceeding before the learned District and Sessions Judge, Tumkur, in C.Mis.No.(DVA) 6/2016 is concluded.

3. It is needless to say that the petitioner is liable to pay the arrears of maintenance, if any, to the respondent herein on or before the next date of hearing before the learned District and Sessions Judge, Tumkur.

4. The impugned order dated 11.4.2016 passed in C.Mis No.DVA/6/2016 by the learned II Additional Civil Judge and JMFC, Tumkur, stands modified. With these observations and direction, the petition stands disposed.

5. The learned District and Sessions Judge, Tumkur, to conclude the proceeding within two months from the next date of hearing in accordance with law.

All contentions are kept open.

Sd/-

JUDGE bkm

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