IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 08TH DAY OF JULY, 2019 BEFORE THE HON'BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION No.5140 OF 2015 BETWEEN:
SRI ANANDA ACHARY S/O LATE LINGAPPA ACHARY, AGED ABOUT 54 YEARS, R/O KODAPATYA HOUSE, BELLIPPADY POST AND VILLAGE, PUTTUR TALUK, D.K. DISTRICT-574201 ... PETITIONER (BY SMT HALEEMA AMEEN, ADV., FOR SRI. VISHWAJITH SHETTY S ADV.) AND:
SMT SUNANDA W/O ANANDA ACHARY, AGED ABOUT 47 YEARS, R/O THALEBAILU, KUMBADAJE VILLAGE, KASARAGOD TALUK & DISTRICT, KERALA STATE – 581 342 ... RESPONDENT (RESPONDENT IS SERVED AND UNREPRESENTED) THIS CRIMINAL PETITON IS FILED U/S.482 CR.P.C PRAYING TO SET ASIDE THE ORDER DATED 01.07.2014 MADE IN M.C.No.37/2010 BY THE COURT OF THE PRINCIPAL CIVIL JUDGE AND J.M.F.C. PUTTUR, D.K. AND ORDER DATED 06.07.2015 MADE IN CRL.REVISION PETITION No.5006/2014 BY THE COURT OF V ADDL. DISTRICT AND SESSIONS JUDGE, D.K. MANGALURU SITTING AT PUTTUR, DAKSHINA KANNADA.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard learned counsel for petitioner. Learned counsel for respondent is absent. Perused the records.
2. Petitioner is aggrieved by the order passed by the courts below determining the maintenance payable to the respondent (hereinafter referred to as ‘wife’) at the rate of Rs.2,500/- p.m.
3. Learned counsel for the petitioner referring to the finding recorded by the courts below would submit that the respondent has been living with her elder son, who is gainfully employed, whereas, the petitioner is left with no independent source of income and he has to look after and maintain his unmarried daughter, who is of marriageable age. Both the courts below have not considered this aspect, which has resulted in failure of justice.
4. On going through the records, it is noticed that on considering the copies of the RTCs produced by respondent/wife at Exs.R1 to R.3 both the courts below have come to the conclusion that the petitioner is deriving income from 50% of the landed property consisting of 35 coconuts trees, 65 arecanut trees and one jack fruit tree. But, there is no clear finding as to the actual income derived from the landed property by the petitioner. To that extent, the factual finding recorded by the courts below is not based on legal evidence. Therefore, it follows that amount determined by the courts below is arbitrary and not based on evidence. In the above circumstances and having regard to the fact that the petitioner is getting a meager income from the landed property, in my view, it would serve the ends of justice, if the monthly maintenance awarded by the courts below is reduced by Rs.500/- p.m. from the date of filing of the petition. Ordered accordingly. Consequently, the order passed by the Courts below stands modified.
Liberty is reserved to the petitioner to seek for alteration of the said maintenance by making application under Section 127 Cr.P.C., if desired.
Petition is partly allowed.
Sd/- JUDGE psg*