IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF JULY, 2019 BEFORE THE HON'BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION No.4916/2017 BETWEEN:
NOORULLA @ NOOR AHAMED, S/O. AMEER SAB, 33 YEARS, R/O HOSAHALLI VILLAGE, HONNALI TALUK – 572 123.
DAVANAGERE DISTRICT. ... PETITIONER (BY B.N.SHIVANNA, ADVOCATE) AND:
SMT. NAFEESA BANU, W/O. NOORULLA, AGED 27 YEARS, R/O. HOSAHALLI VILLAGE, HONNALI TALUK – 572 123, DAVANAGERE DISTRICT. ... RESPONDENT (BY SRI B.M.HALASWAMY ADVOCATE) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., PRAYING TO (I) QUASH THE ORDER PASSED BY THE I ADDL. DIST. AND S.J., DAVANAGERE IN CRL.RP.NO.124/2013 DATED 08.08.2014 THEREBY ENHANCING THE MAINTENANCE TO RS.7,000/- PER MONTH AGAINST THE ORDER PASSED BY THE J.M.F.C. COURT, HONNALI IN CRL.MISC.NO.131/2011 DATED 24.11.2012 THEREBY GRANTING MAINTENANCE OF RS.2,000/- MARKED AT ANNEXURES-A AND B AND ETC., THIS CRIMINAL PETITION COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Heard learned counsel for petitioner and learned counsel for respondent.
Petitioner is aggrieved by the order passed by the I Addl. District and Sessions Judge, Davanagere, in Crl.R.P.No.124/2013 dated 08.08.2014 whereby learned Sessions Judge has enhanced maintenance awarded by the JMFC Court, Honnali in Crl.Misc.No.131/2011 dated 24.11.2012 to Rs.7,000/-.
2. Respondent herein filed an application under section 125 of Cr.P.C., seeking maintenance of Rs.5,000/- per month from petitioner on the ground that after the marriage, petitioner herein neglected to maintain and look after her. Before the Trial Court, petitioner though denied the marriage, rebutted the evidence adduced by the respondent regarding the marriage as well as financial capacity of the respondent. Considering the evidence adduced by the respondent, learned Magistrate by order dated 24.11.2012 directed petitioner to pay maintenance at the rate of Rs.2,000/- per month till the lifetime of respondent.
3. As against the said order, petitioner herein preferred Criminal Revision Petition No.99/2013 and the same has been dismissed by the revisional court by order dated 8.8.2014, whereas the revision petition filed by respondent under section 397 of Cr.P.C., has been allowed by order dated 8.8.2014 in Criminal Revision Petition No.124/2013 directing the petitioner to pay a monthly maintenance at the rate of Rs.7,000/- per month to the respondent.
4. Learned counsel for petitioner submitted that the petitioner has denied the marriage, but due to some unavoidable reasons, necessary evidence in this regard could not be let in before the Trial Court. Further, he submitted that, if an opportunity is given to adduce evidence in support of the contentions urged before the Trial Court, petitioner/husband shall deposit the entire arrears of maintenance as awarded by the courts below. It is further submitted that the petitioner has filed a suit for declaration that the alleged marriage put forward by the respondent is null and void. The said suit in O.S.No.55/2011 was filed in 2011 and the same has been dismissed by judgment and decree dated 31.5.2017. As against the said judgment, an appeal has been pending in R.A.No.44/2017. In view of these facts, I find it appropriate that an opportunity is to be given to petitioner to substantiate his contentions before the Trial Court.
Accordingly, the petition is disposed of in terms of the following:-
ORDER (i) The impugned order dated 24.11.2012 passed by the JMFC Court, Honnali in Crl.Misc.No. 131/2011 and the order dated 08.08.2014 passed by the I Addl. District and Sessions Judge, Davanagere in Crl.R.P.No.124/2013 are modified and the case is remitted to the court of JMFC, Honnali.
(ii) Petitioner is directed to deposit the arrears of maintenance at the rate of Rs.2,000/- per month from the date of filing the application under section 125 Cr.P.C., i.e., from 30.03.2011 till the orders of the revisional court dated 8.8.2014.
(iii) The revisional court has directed the petitioner to pay maintenance at the rate of Rs.7,000/- per month. However, as the respondent has claimed maintenance only at the rate of Rs.5,000/- per month, petitioner/husband shall continue to pay maintenance to respondent at the rate of Rs.5,000/- per month from 8.8.2014 till the final decision in Criminal Misc.No.131/2011.
(iv) Petitioner is directed to deposit the entire arrears before the Trial Court within 30 days from the date of this order and on deposit of the said amount, subject to the condition that the petitioner shall continue to pay maintenance to the respondent at the rate of Rs.5,000/- per month, learned Magistrate is directed to restore the petition to file and afford an opportunity to petitioner/husband to adduce evidence.
(v) If the arrears are not deposited within 30 days from today, this order shall become inoperative and the respondent is at liberty to execute the orders passed by the Revisional court i.e., at Rs.7,000/- per month.
(vi) Liberty is reserved to the respondent/wife to adduce any further evidence in support of her case.
(vii) FLW and NBW issued by the Trial Court shall be kept in abeyance for a period of 30 days from today.
(viii) In view of the disposal of petition, I.A.No.1/2017 does not survive for consideration and it is also disposed of.
Sd/- JUDGE Bss