1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF APRIL, 2019 BEFORE THE HON’BLE MR.JUSTICE ARAVIND KUMAR CRIMINAL PETITION NO.1765/2019 BETWEEN:
Nagaiah S/o Kadaiah Aged 50 years R/at Yelemuddanahalli Mirle Hobli, K.R.Nagar Taluk Mysore District – 571 603.
(By Sri. Prithvi Raj B.N., Advocate) AND:
Jayalakshmi @ Jayalakshmamma D/o Late Sannamotaiah Aged about 45 years R/at Mamballi Village Akkihebbalu Hobli K.R.Pet Taluk Mandya District – 571 605.
... Petitioner ... Respondent This Criminal Petition is filed under Section 482 Cr.P.C., praying to set aside both the orders i.e., the order dated 31.01.2019 passed in Crl.R.P.No.5132/2018 by the III Additional District and Sessions Judge, Mandya, sitting at Srirangapatna and the order dated 26.07.2018 2 passed by the Senior Civil Judge and JMFC, K.R.Pet in Crl. Misc.No.257/2017 and etc.
This petition coming on for Admission this day, the Court made the following:
O R D E R Order dated 26.07.2018 passed in Criminal Misc. No.257/2017 passed by Senior Civil Judge and JMFC, K.R. Pet, awarding monthly interim maintenance of Rs.2,000/- to respondent herein from 06.12.2017 till further orders has been called in question.
2. Respondent herein filed an application under Section 125 Cr.P.C., in Criminal Misc. No.257/2017 for grant of interim maintenance at the rate of Rs.10,000/- per month and learned trial Judge after considering the documents produced by respondent-wife has arrived at conclusion that there is husband and wife relationship and has awarded an interim maintenance of Rs.2,000/- per month. Said order which came to be assailed by petitioner herein 3 in Crl.R.P.No.5132/2018 did not yield any fruitful result and as such Criminal Revision Petition having rejected, same is under challenge before this Court.
3. It is urged by learned counsel appearing for petitioner that when there is no relationship of husband and wife between petitioner and respondent payment of interim maintenance would not arise and as such order passed by learned trial Judge which has been upheld by the revisional Court is liable to be set aside.
4. Both the Courts below have noticed that prima-facie documents produced by respondent-wife would indicate that they were living together as husband and wife and the fact that respondent-wife is the resident of Yelemuddanahally Village, K.R.Nagar Taluk, is prima-facie proved by residential certificate issued by Deputy Tahsildar, Mirle Hobli, K.R.Nagar Taluk, which has weighed in the mind of learned trial Judge to award monthly interim 4 maintenance of Rs.2,000/- per month to her and same would not call for interference. Hence, there are no good grounds made out to entertain this petition.
Accordingly, petition stands rejected.
Consequently, I.A.No.1/2019 stands dismissed.
SD/- JUDGE SN