IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30th DAY OF MARCH, 2017 BEFORE THE HON’BLE MR. JUSTICE ANAND BYRAREDDY CRIMINAL PETITION NO.4076 OF 2016 Between:
Shivanna, S/o Perumalu Puttaiahnaidu, Aged about 55 years, Agriculturist, Hindu, R/o Ballala Samudra Village & Post, Hosadurga Taluk. …Petitioner (By Shri. Varadarajan M.S., Advocate) And:
1. Smt. Nagaveni, W/o Shivanna, Aged about 30 years, Hindu, 2. Geetha, D/o Shivanna, Aged about 11 years, Hindu, Still a minor, Represented by mother and Natural Guardian Smt. Nagaveni, Respondent No.1 above, Both are residents of Kudligere Village & Post, Bhadravathi Taluk – 577 301. …Respondents (R1 and R2 served) ---
This Criminal Petition is filed under Section 482 of Cr.P.C. praying to set aside the order dated 30.04.2016 passed in Crl.R.P.5014/2016 on the file of the IV Addl. District and S.J., Shivamogga sitting at Bhadravathi and direct the said Court to restore Crl.R.P.No.5014/2016 on the file of the IV Addl. District and S.J., Shivamogga, sitting at Bhadravathi to file and dispose the same on merits by allowing this petition.
This Petition coming on for admission this day, the Court made the following:-
O R D E R The petitioner is said to be the husband who has been mulcted with the liability to pay nominal maintenance of Rs.2,000/- p.m. to the first respondent and Rs.1,000/-
p.m. to the second respondent, apart from an annual amount of Rs.10,000/- towards educational expenses of the second respondent. These amounts are very nominal and cannot be the subject matter of challenge. Hence the petition is rejected.
However, it is further stated that the petitioner had filed a revision petition and there was an interim order for deposit of 50% of the amount on account of financial constrains he has not been able to comply with the same. The revision petition itself is dismissed. Therefore, if the maintenance amount should be doubled and he should pay the amount, the revision petition could be revived.
For notice the petition is not ready.
I.A. 1/2016 does not survive for consideration Sd/- JUDGE ykl