IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JANUARY 2019 BEFORE THE HON’BLE MR. JUSTICE H. T. NARENDRA PRASAD WRIT PETITION No. 36024/2013(GM-FC) BETWEEN:
H. RANGAPPA @ RANGAIAH S/O HANUMANTHAPPA A/A 60 YEARS RETIRED TEACHER CHIKKAYAGATI VILLAGE PRESENTLY R/A KADIVANAKATTE VILLAGE KASABA HOBLI HOSADURGA TALUK- 577527 CHITRADURGA DISTRICT.
…PETITIONER (BY SRI. MANJUNATH N.D., ADVOCATE) AND:
1. SMT. H. GEETHA W/O H. RANGAPPA @ RANGAIAH A/A NEARLY 50 YEARS HOUSE WIFE.
2. R. ROOPA D/O RANGAPPA @ RANGAIAH A/A NEARLY 29 YEARS HOUSE WORK BOTH ARE R/AT CHIKKAYAGATI VILLAGE KASABA HOBLI HOSADURGA TALUK CHITRADURGA DISTRICT-577527.
… RESPONDENTS (BY SRI. R. PADMANABHA, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE INTRIM ORDER DATED 26.06.2013 PASSED ON IA NO.1/13 FILED U/S 125(2) OF CR.PC IN CR. MISC NO.259/13 PASSED BY THE PRL. CIVIL AND JCFC AT HOSADURGA VIDE ANNX-D THIS WRIT PETITION COMING ON FOR PRELININARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R In this writ petition, the petitioner-husband is challenging the interim order dated 26.6.2013 passed on I.A.1/2013 filed under Section 125(2) of Cr.P.C. in Crl.Misc.No.259/2013 on the file of the Principal Civil Judge & JMFC, Hosadurga whereby the trial court has granted interim maintenance of Rs.2,500/- per month to the respondent-wife from the date of petition till further orders.
2. Today, the learned counsel for the respondents has filed a memo along with the copy of the order dated 27.1.2017 passed by the Principal Civil Judge and JMFC, Hosadurga in Crl.Mis.259/2013 and copy of the order dated 11.9.2017 passed by the Special 2nd Addl, District and Sessions Judge, Chitradurga in Crl.R.P.No.16/2017. It is stated that the learned Judge of the trial court by order dated 27.1.2017 has allowed Crl.Mis.259/2013 and directed the petitioner-husband to pay maintenance of Rs.5,000/- to the respondent-wife with cost of Rs.10,000/-. Being aggrieved by the same, the petitioner herein had filed Criminal Revision Petition No.16/2017. The said revision petition was partly allowed on 11.9.2017 modifying the order passed by the trial court and reduced the grant of maintenance from Rs.5,000/- to Rs.4,000/- per month. Hence, in view of final order being passed in Criminal Revision Petition No.16/2017, this writ petition do not survive for consideration.
3. In view of the memo filed, this writ petition is dismissed as having become infructuous.
Sd/- JUDGE DM