Vincent Shanthakumar S/O. Late Joseph vs Christina Geetha Rani on 31 October, 2013

[Cites 5, Cited by 1]

Karnataka High Court

Vincent Shanthakumar S/O. Late Joseph vs Christina Geetha Rani on 31 October, 2013

Bench: Jawad Rahim

                         :1:



        IN THE HIGH COURT OF KARNATAKA
                 DHARWAD BENCH
     DATED THIS THE 31st DAY OF OCTOBER, 2013
                      BEFORE
       THE HON'BLE Dr.JUSTICE JAWAD RAHIM

        CRIMINAL PETITION No.10703/2012

BETWEEN:

VINCENT SHANTHAKUMAR S/O. LATE JOSEPH
AGE: 56 YEARS, OCC: DY. S.P. GESCOM,
GULBURGA, R/O. PANAPURAMBIL HOUSE,
2ND CROSS, PRASHANTH NAGAR,
STADIUM ROAD, CHITRADURGA,
DIST: CHITRADURGA.
                                     ... PETITIONER

(BY SRI.: M B GUNDAWADE, ADV.)

AND

1.    CHRISTINA GEETHA RANI
      W/O. VINCENT SHANTHKUMAR,
      AGE: 46 YEARS, OCC:HOUSEWIFE,
      R/O. BEHIND CSI TELUGU CHURCH,
      FORT, BELLARY, DIST: BELLARY.

2.   ANNA VINDHYA D/O. VINCENT SHANTHAKUMAR
     AGE: 10 YEARS, OCC:STUDENT,
     R/BY HIS MOTHER,
     CHRISTINA GEETHA RANI
     W/O. VINCENT SHANTHKUMAR,
     R/O. BEHIND CSI TELUGU CHURCH,
     FORT, BELLARY, DIST: BELLARY.
                                    ... RESPONDENTS
(BY SRI.: C S PATIL, ADV.)
                              :2:




     THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C.
SEEKING TO QUASH THE ORDER DATED 14.06.2012
PASSED BY THE II-ADDL. CIVIL JUDGE & JMFC COURT,
BELLARY,    IN   CRL.MISC.NO.460/2011      FOR     THE
REGISTRATION OF SEPARATE CRIMINAL MISC. ON I.A.NO.VI
BE ORDERED TO BE QUASHED.

    THIS PETITION COMING ON FOR FINAL
HEAR ING THIS DAY, THE COURT MADE THE
FOLLOWING:

                          ORDER

The petitioner has invoked Section 482 of the Cr.P.C. to quash the order passed by the Jurisdictional Magistrate in action under section 12 of the Domestic Violence Act.

2. The main grievance of the petitioner is, the learned trial Judge has passed an ex-parte order granting interim maintenance, after which he has filed detailed objections. However, in the meantime, the learned Magistrate ordered the treasury to enforce the order of interim maintenance and to deduct from his salary an amount of Rs.8,000/-p.m. and to credit it into the Court vide an ex-parte order dated 7/1/2012. Besides, the learned trial Judge has also passed an order under Section 31 of the Act, subject to prosecute the petitioner :3: for contravention of the interim order passed under Section 23 of the Act.

3. In the circumstances, it could be seen the petitioner has questioned only order passed under Section 31 which is amenable to revision under Section 397 of Cr.P.C or the remedy provided under that Act. In the circumstances, the petition filed under Section 482 of the Cr.P.C may not be justified.

4. At this juncture, the learned counsel Sri.M.B.Gundawade seeks permission to convert this petition into the revision petition under Section 397 of the Cr.P.C.

5. Permission granted.

6. For statistical purposes, this petition stands disposed of. Office is directed to permit the learned counsel to make necessary corrections.

SD/-

JUDGE Vmb

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