Karnataka High Court
Vivekanand vs Reshma on 8 April, 2026
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NC: 2026:KHC-K:3100
CRL.P No. 200408 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 8TH DAY OF APRIL, 2026
BEFORE
THE HON'BLE MR. JUSTICE G BASAVARAJA
CRIMINAL PETITION NO. 200408 OF 2026
(482(Cr.PC)/528(BNSS))
BETWEEN:
VIVEKANAND
S/O VAIJANANTH AINAPURE
AGE: 37 YEARS,
OCC: MECHANIC ENGINEER
R/O KARAPAKAPALLI, TQ: CHITGUPPA
DIST: BIDAR-585412
...PETITIONER
(BY SRI. SAGAR RAMACHENDAR, ADVOCATE)
AND:
Digitally signed by 1.
RAMESH RESHMA W/O VIVEKANANDA
MATHAPATI (D/O NEHRU MANGALGI)
Location: HIGH
COURT OF AGE: 27 YEARS, OCC: HOUSEHOLD
KARNATAKA R/O KARAPAKPALLI VILLAGE
TQ: CHITGUPPA, NOW RESIDING AT
TUGAON KATTE, TQ.: BHALKI
DIST: BIDAR-585414
2. VIDHYAVATHI
W/O VAIJANATH AINAPURE
AGE: 57 YEARS, OCC: HOUSEHOLD
R/O KARAPAKAPALLI,
TQ: CHITGUPPA
DIST: BIDAR-585412
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NC: 2026:KHC-K:3100
CRL.P No. 200408 of 2026
HC-KAR
3. VAIJANATH
S/O VEERAPPA AINAPURE
AGE: 57 YEARS, OCC: BUSINESS
R/O KARAPAKAPALLI, TQ: CHITGUPPA
DIST: BIDAR-585412
4. VEERESH S/O VAIJANATH AINAPURE
AGE: 39 YEARS, OCC: SOFTWARE ENGINEER
R/O KARAPAKAPALLI, TQ: CHITGUPPA
DIST: BIDAR-585412
...RESPONDENTS
THIS CRL.P IS FILED U/SEC. 482 OF CR.P.C (OLD)
U/SEC. 528 OF BNSS (NEW) PRAYING TO, SET ASIDE THE
IMPUGNED ORDER DATE 06-11-2023 PASSED IN CRIMINAL
MISC NO.518/2023 ON THE FILE OF THE CIVIL JUDGE AND
JMFC BHALKI AT BHALKI; II) ORDER FOR COSTS OF THIS
CRIMINAL PETITION.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE G BASAVARAJA
ORAL ORDER
Case called out, none appears for the petitioner. This petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking to set aside the impugned order dated 06.11.2023 passed in Criminal Misc.No.518/2023 on the file of the Civil Judge and JMFC, Bhalki.
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NC: 2026:KHC-K:3100 CRL.P No. 200408 of 2026 HC-KAR
2. The Trial court has passed an ex-parte order on IA.No.1 which reads as under:
"EXPARTE ORDER ON IA.NO.1 The petitioner has filed this application under Sec.23(2) of DV Act., seeking interim maintenance of Rs.50,000/- per month against the respondent till the pending disposal of the main petition.
The petitioner in her affidavit annexed to this application has stated that she is the legally wedded wife of the respondent, neglected her to maintain. The respondent is a Mechanical Engineer, having monthly income of Rs.1,00,000/- and Rs.1,50,000/- from agriculture. He has sufficient income to provide basic necessities to the petitioner for her lively hood. Hence, she has prayed to allow her application.
On perusal of the materials placed on record with petition filed by the petitioner with regard to the source of income, I am of the opinion that there are no reasons to disbelieve the contentions of the petitioner regarding the neglect on the part of the respondent to maintain her. Therefore, by considering the available documents, at this juncture, I am of the opinion that it is just and necessary to grant an exparte interim maintenance of Rs.6,000/- to the petitioner per month until this order is varied or modified or set-aside. Therefore, I proceed to pass the following:-4-
NC: 2026:KHC-K:3100 CRL.P No. 200408 of 2026 HC-KAR ORDER The respondent is hereby directed to pay monthly interim maintenance of Rs.6,000/- per month to the petitioner from the date of this order till it is varied or modified or set-aside.
Issue emergent notice on order passed on IA.No.1 along with the copy of this order and also issue notice of the main petition to the respondent.
Returnable by: 15/12/2023."
3. The petitioner has filed this petition to quash the aforesaid order passed by the trial Court. There is a provision under Section 25 of the Protection of Women from Domestic Violence Act, 2005 to make an application for alteration, modification or revocation of the ex-parte order passed by the Trial Court. The petitioner has not taken steps to file necessary application under Section 25 of Protection of Women from Domestic Violence Act, 2005 to alter/revoke the ex-parte order passed by the trial Court. Hence, this petition is not maintainable before this court at this stage. Accordingly, I proceed to pass the following:
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NC: 2026:KHC-K:3100 CRL.P No. 200408 of 2026 HC-KAR ORDER
(a) The petition is dismissed.
(b) The petitioner is at liberty to file an application under Section 25 of Protection of Women from Domestic Violence Act, 2005, before the Trial Court. If such an application if filed, the Trial Court is directed to consider the same in accordance with law.
(c) The trial Court is also directed to direct the parties to file their affidavit with regard to their assets and liabilities as per the law laid down by the Hon'ble Apex Court in the case of Rajneesh Vs. Neha and Others, reported in 2021 (2) SCC 324.
Registry is directed to send the copy of this order to the Trial Court.
Sd/-
(G BASAVARAJA) JUDGE MSR List No.: 1 Sl No.: 16 CT-BH