Karnataka High Court
Jayaprakash V Hurakadli vs Rajeshwari W/O. Jayaprakash Hurakadli on 22 September, 2023
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
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NC: 2023:KHC-D:11093
CRL.P No. 102094 of 2023
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 22ND DAY OF SEPTEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA
CRIMINAL PETITION NO. 102094 OF 2023
BETWEEN:
JAYAPRAKASH V. HURAKADLI,
AGE. 37 YEARS, OCC. SERVICE,
R/O. OPP.TO SANGAMESHWAR TEMPLE,
WARD NO.1, KARATAGI,
DIST. KOPPAL-583229.
... PETITIONER
(BY SMT. NIRMALA B.G., ADVOCATE)
AND:
RAJESHWARI W/O JAYAPRAKASH HURAKADLI,
AGE. 30 YEARS, OCC. ADVOCATE,
VISHAL NOW R/O. SHRINAGAR, NEAR PARISAR BHAVAN,
2ND CROSS, TUNGABHADRA,
NINGAPPA SHRI MURADI BASAVESHWAR KRUPA,
PATTIHAL CHANDRA PRAKASH, DHARWAD-580007.
... RESPONDENT
(BY SMT. RAJESWARI
Digitally signed by W/O. JAYAPRAKASHHURAKADLI, PARTY-IN PERSON)
VISHAL NINGAPPA
PATTIHAL THIS CRIMINAL PETITION IS FILED U/SEC. 482 OF CR.P.C.
Date: 2023.09.25 SEEKING TO ALLOW THE PETITION AND QUASH THE IMPUGNED
10:56:24 +0530 ORDER DATED 31.12.2022 PASSED IN CRL.MISC NO. 370/2022
PENDING ON THE FILE OF PRL. FAMILY COURT JUDGE, DHARWAD
FILED U/SEC. 125 (i)(a)OF CR.P.C.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE
COURT MADE THE FOLLOWING:
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NC: 2023:KHC-D:11093
CRL.P No. 102094 of 2023
ORDER
1. The petitioner is before this Court calling in question an order dated 31.12.2022 passed in Crl. Misc. No.371/2022 allowing an application filed under Section 125(1)(a) of the Cr.P.C. seeking maintenance at the hands of the husband.
2. The petitioner is the husband. The respondent in person is the wife. They two get married on 28.12.2020 before the Registrar of Marriage and the marriage later was performed on 29.03.2021. It transpires that the relationship between the two floundered and on floundering of the relationship the respondent wife prefers an application under Section 125 of the Cr.P.C. seeking interim maintenance from the hands of the husband. The concerned Court in terms of its order dated 31.12.2022 grants an interim maintenance of Rs.7,000/- per month. It is calling in question the said order, the petitioner is before this Court in the subject petition.
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NC: 2023:KHC-D:11093 CRL.P No. 102094 of 2023
3. Learned counsel appearing for the husband would submit that the husband has no avocation today as he is jobless and the respondent is earning well and therefore Rs.7,000/- maintenance is on the higher side. Learned counsel would submit that the concerned Court did not give an opportunity of hearing to the petitioner prior to passing the said order. Therefore it is a nullity in law.
4. On the other hand, the respondent in person would refute the submissions to contend that the petitioner was notified even then he did not appear before the concerned Court and the concerned Court left with no choice but to pass the exparte order granting maintenance.
5. I have given my anxious consideration to the submissions made by the respective learned counsel and have perused the material available on record.
6. The afore-narrated facts are not in dispute. The order of the concerned Court that is called in question, reads as follows:
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NC: 2023:KHC-D:11093 CRL.P No. 102094 of 2023 "ORDERS ON I.A.NO.II This is a petition filed by the petitioner for maintenance at the rate of Rs.50,000/- from the respondent.
2. The petitioner is the wife and she has married the respondent on 29.11.2021 and they live together but for only for few days. After 15 days of the marriage, their relationship was strained for silly reason. Respondent has caused mental harassment to the petitioner.
3. The respondent is in the habit of harassing and ill- treating, the petitioner and he has totally neglected the petitioner and deserted the petitioner.
Therefore, this maintenance petition is filed.
4. I.A.No.2 is filed by the petitioner with a prayer to grant interim maintenance for the petitioner of Rs.25,000/- pending disposal of this petition. It is stated that the respondent is working in bank and also has income from properties in all Rs. 2 lakhs per month. So the petitioner is entitled for exparte interim maintenance as of now. Therefore, it is necessary to grant interim maintenance. Accordingly considering the prayer of the petitioner and pending disposal of the petition, I find that the respondent is also liable to pay maintenance and thus some amount of interim maintenance is necessary pending disposal of this petition. Hence, I pass the following:
ORDER I.A.No.III is partly allowed and the petitioner is granted Rs.7,000/- per month as exparte interim maintenance from the respondent from the date of application."-5-
NC: 2023:KHC-D:11093 CRL.P No. 102094 of 2023
7. What is granted in the exparte interim maintenance of Rs.7,000/-. For grant of such exparte interim maintenance, the petitioner husband was though notified did not appear on one particular date. On the said date, the application is allowed and interim maintenance of Rs.7,000/- is granted. The reason that the petitioner prefers the subject petition that the husband has no avocation and cannot maintain the wife is on the face of it unacceptable, as an able bodied man, is expected and required to work and take care / maintain of his wife / children. In the case at hand, the wife is a practicing advocate. Therefore, in the aforesaid facts and circumstances and in the light of the judgment of the Apex Court in the case of Anju Garg Vs. Depak Kumar Garg reported in 2022 SCC OnLine SC 1314, I deem it appropriate to sustain the maintenance not in fullest, but in the tune of Rs.5,000/- to be paid during the pendency of the proceedings that are now to be remitted back to the hands of the concerned Court to hear the husband and then -6- NC: 2023:KHC-D:11093 CRL.P No. 102094 of 2023 pass appropriate orders in accordance with law. For the aforesaid reasons, the following:
ORDER
(i) The petition is allowed in part.
(ii) The order of interim maintenance being contrary to the principles of natural justice is quashed.
(iii) The quashment of the order would not mean that the petitioner shall not pay any maintenance to the wife, the petitioner shall pay a sum of Rs.5,000/- during the pendency of the consideration of the application for such maintenance before the concerned Court.
(iv) The concerned Court shall consider the application for maintenance afresh after hearing the husband and pass approrpaite order in accordance with law within four -7- NC: 2023:KHC-D:11093 CRL.P No. 102094 of 2023 weeks from the date of receipt of certified copy of this order.
(v) It is needless to observe that parties to the lis shall co-operate with the proceedings.
Sd/-
JUDGE Vnp* / ct: bck List No.: 1 Sl No.: 23