IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 04TH DAY OF JANUARY, 2019 BEFORE THE HON'BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO.4341 OF 2016 BETWEEN:
K. Kupendra @ Kupendrappa, S/o Sri. Huggi Byrappa, Aged about 57 years, School teacher, R/o Gollarahatti Village, Kadur Taluk, Chikkamagalur District-577 548. (By Sri. K. S. Ganesh, Advocate) AND:
Smt. R. Saroja, W/o Sri. K. Kupendra, Aged about 60 years, Occupation: House Hold work, R/o Talikattee Kaval Village, Ramagiri Hobli, Holalkere Taluk, Chitradurga District-577 526.
…Petitioner ...Respondent This Criminal Petition is filed under Section 482 of Cr.P.C praying to quash or set aside the order dated 12.03.2015 passed by the Principal Civil Judge and JMFC, Holalkere and judgment dated 06.04.2016 passed by the I Additional District and Sessions Judge, Chitradurga.
This Criminal petition coming on for Admission, this day, the Court made the following:
ORDER Heard learned counsel for the petitioner.
2. Petitioner is aggrieved by the orders passed by the Courts below enhancing the maintenance to `8,000/- per month as claimed by the respondent.
3. Considering the salary of the petitioner that he was drawing `30,000/- per month as on the date of the application filed by the respondent, the learned Magistrate has directed the petitioner to pay enhanced maintenance at the rate of `8,000/- per month from the date of the order. The said order is confirmed by the revisional Court in criminal revision petition No.1/2016. Both the Courts below have taken into consideration the capacity of the petitioner as well as the need and requirement of the respondent for her livelihood. The direction issued by the Courts below are based on legal evidence. Hence, it does not call for any interference by this Court in exercise of the powers under Section 482 of Cr.P.C. Hence, no grounds to admit the petition. Accordingly, the petition is dismissed.
In view of dismissal of main petition, I.A.No.1/2016 also dismissed as it does not survive for consideration.
Sd/- JUDGE Mds/-