IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF JANUARY, 2019 BEFORE THE HON’BLE MR. JUSTICE P.S. DINESH KUMAR CRIMINAL PETITION No.100 OF 2017 BETWEEN:
K. GIRISH S/O K. MALLAPPA AGED ABOUT 38 YEARS R/O 2ND CROSS HOSAMANE RIGHT SIDE NEAR GANAPATHI TEMPLE BHADRAVATHI SHIVAMOGGA DISTRICT – 577 301 … PETITIONER (BY SHRI S.S. PARIKSHIT, ADVOCATE FOR SHRI S.N. BHAT, ADVOCATE) AND:
1. SMT. SHWETHA W/O K. GIRISH D/O PUTTAPPA AGED ABOUT 30 YEARS 2. KUM. PARINITHA D/O K. GIRISH AGED ABOUT 3 YEARS SINCE MINOR REP. BY HER NATURAL GUARDIAN MOTHER SMT. SHWETHA BOTH ARE R/AT BASAVASHREE NILAYA TALUK OFFICE ROAD OLD TOWN, BHADRAVATHI SHIVAMOGGA DISTRICT – 577 301 ... RESPONDENTS THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., PRAYING TO SET ASIDE THE ORDER PASSED BY THE IV ADDL. DIST AND SESSIONS JUDGE, SHIVAMOGGA, SITTING AT BHADRAVATHI DATED 19.11.2016 IN CRL.RP.NO.5005/2016 DISMISSING THE REVISION FILED FROM THE ORDERS PASSED BY THE PRL.CIVIL JUDGE AND J.M.F.C., BHADRAVATHI DATED 31.12.2015 IN CRL.MISC.NO.292/2015 ON INTERIM APPLICATION FILED UNDER SECTION 125 OF CR.P.C.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Heard Shri S.S. Parikshit, learned advocate for the petitioner.
2. Respondent No.1 is petitioner’s wife and respondent No.2 is their daughter, aged 3 years. Respondents filed a petition filed under Section 125 of Cr.P.C., before the learned Magistrate seeking maintenance contending that petitioner works as a driver in Karnataka Rural Transport Corporation, Mangaluru. On consideration of material, learned Trial Judge has awarded Rs.2,000/- to respondent No.1 and Rs.1,500/- to respondent No.2 as monthly maintenance.
3. Feeling aggrieved, petitioner moved the learned Sessions Judge in Crl.RP.No.5005/2016. Learned Sessions Judge has also recorded that the petitioner works as a driver in Karnataka Road Transport, Mangaluru, and he has sufficient means to pay the maintenance awarded and accordingly, dismissed the revision petition.
4. In view of the above facts and keeping in view the present cost of living, maintenance of Rs.3,500/- awarded to the respondents by the learned Magistrate is just and appropriate. Hence, no ground is made out to interfere by exercising power under Section 482 of Cr.P.C.
5. Resultantly, this petition fails and it is accordingly dismissed.
6. In view of dismissal of the petition, I.A.No.1/2017 does not survive for consideration and the same stands disposed of.
No costs.
Sd/- JUDGE AV