IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF JULY, 2019 BEFORE THE HON'BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION No.1325/2016 c/w CRIMINAL PETITION No.6971/2013 In Criminal Petition No.1325/2016 BETWEEN:
1. Smt.M.A.Manjula, W/o Honneshgowda, Aged about 35 years.
2. Latha D/o Honneshgowda, Aged about 7 years, Minor, Represented by her natural Guardian mother.
Both are R/at Imangala, Hiriyur Taluk, Chitradurga District – 572221.
Presently R/at Jyothinagara, Sira Town – 572135. Tumkur District.
…Petitioners (By Sri.V.B.Siddaramaiah, Advocate) AND:
Sri.B.R.Honneshgowda, S/o Rajaopal, Aged about 38 years, R/at P.Byadagere, Agali Mandal, Madkaira Taluk, working as BMTC, Bus Conductor, Yeshvanthapura Depot, Bengalure – 560004.
… Respondent (By Sri.S.B.Mukkannappa, Advocate) This Criminal petition is filed under Section 482 of Cr.P.C. praying to set aside the order dated 07.09.2013 passed by the II Addl. Dist. And S.J., Tumkur passed in Crl.RP.No.154/2012 which is filed against the order dated 03.05.2012 passed in Crl.Misc.NO.285/2009 passed by the Court of Civil Judge and JMFC, Sira, and be pleased to allow the Crl.Misc.No.285/2009 as prayed.
In Criminal Petition No.6971/2013 BETWEEN:
Sri.B.R.Honneshgowda, S/o Rajagopal, Aged about 35 years, Resident of P.Badigere, AgaliMandal, Madakshira Taluk, Ananthapura District – 571201.
(By Sri. S.B.Mukkannappa, Advocate) AND:
1. M.A.Manjula, …Petitioner W/o Sri.Honneshgowda, Aged about 29 years, Resident of Imangala, Hiriyur Taluk, Chitradurga District – 577501.
2. Latha D/o Honneshgowda, Aged about 5 years, Represented by her natural guardian i.e., respondent No.1 Resident of Imangala, Hiriyur Taluk, Chitradurga District – 577501. (By Sri. V.B.Siddaramaiah, Advocate) … Respondents This Criminal petition is filed under Section 482 of Cr.P.C. praying to set aside the order dated 03.05.2012 passed by the Civil Judge and JMFC, Sira in C.Misc.No.285/2009 as well as the order dated 07.09.2013 passed by the II Addl. Dist., and S.J., Tumkur in Crl.RP.NO.154/12 and consequently dismiss the C.Misc.No.285/2009 filed by the respondent before the C.J., and JMFC, Sira.
These Criminal petitions coming on for Admission, this day, the Court made the following:
O R D E R Both these petitions are arising out of the order dated 07.09.2013 passed by the II Addl. District & Sessions Judge, Tumkur, in Crl.R.P.Nos.113 & 154 of 2012 whereby the orders passed by the learned Civil Judge (Jr.Dn.) & JMFC, Sira, in C.Mis.285/2009 dated 03.05.2012 awarding maintenance of Rs.1,500/- per month each from the date of order till the re-marriage or death of petitioner No.1 and marriage of petitioner No.2 has been modified and the respondent/husband is directed to pay maintenance from the date of the petition.
2. On hearing the learned counsel for the parties, I do not find any justifiable ground to interfere with the impugned order. Undisputedly, the respondent/husband was working as Driver cum Conductor in BMTC. In proof of his income, Salary Certificate for the month of August 2015 was produced at Ex.P3, which discloses that the take home salary of the respondent/husband at the relevant period was only Rs.5,556/-. In the said circumstances, taking into consideration, the said income, the Courts below determined the maintenance payable to the petitioners herein at the rate of Rs.1,500/- p.m. each.
The said order therefore is based on legal evidence, which does not warrant interference by this Court.
3. In view of the submission of the learned counsel for petitioners’ that subsequent to the orders passed by the learned Magistrate, there is increase in the salary of the respondent/husband and the contention urged by the learned counsel for the respondent that respondent/husband is now dismissed from service, liberty is reserved to the petitioners to seek for alteration of the maintenance under Section 127 of Cr.P.C. making out grounds for modification of the orders passed by the Courts below .
With these observations, both petitions are disposed of.
Sd/- JUDGE SV