IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF AUGUST, 2019 BEFORE THE HON'BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION No. 3154/2016 BETWEEN:
Sri Munibyriah S/o Late Sri Munishamappa Aged about 64 years M.G.T.R.E., DRDO M.T. Section C.V. Raman Nagar, Bengaluru Presently at Door No. 73 Chikka Devasdnara Main Road K.R. Puram Post, Bengaluru – 560 016. (By Sri Narayana K, Advocate) AND:
1. Smt. Muniyamma W/o Munibyraiah Aged about 57 years 2. Ms. M Manjula, Aged about 29 years D/o Munibyraiah 3. Ms. M. Jamuna, Aged about 27 years D/o Munibyriah …Petitioner All of them R/at No.17/A Near KHB, Behind Police Station Hosakote Town – 572114 Bengaluru District. ...Respondents (By Sri Rajanna, Advocate for Respondents - Absent) This Criminal petition is filed under Section 482 of Cr.P.C. praying to quash the order dated 13.07.2015 passed in Crl. Misc. No. 75/2010 on I.A. for modification by the Addl. Civil Judge and JMFC at Hosakote, Bangalore Rural district and dismiss the application filed by the respondents herein for modification of the final order/judgment in Crl. Misc. No. 75/2010.
This Criminal petition coming on for Admission, this day, the Court made the following:
O R D E R Heard learned counsel for the petitioner. Perused the records.
2. The petitioner is aggrieved by the order dated 13.7.2015 whereby the learned Magistrate has allowed the application filed by the respondent and has clarified that the maintenance ordered by the trial Court shall be payable at the rate of Rs.2,000/- to each of the petitioners 2 and 3. The said order cannot be construed as an amendment of the order rather it is a clarificatory order whereby the learned Magistrate has clarified that the amount awarded to the petitioners therein shall be payable at the rate of Rs.2,000/- each.
3. The petition was filed by three petitioners.
The trial Court by assigning proper reasons held that petitioner No.1 is entitled for maintenance at the rate of Rs.1,500/- per month and petitioners 2 and 3 are entitled for maintenance at the rate of Rs.2,000/- per month. Since the word ‘each’ was omitted in the final order, the same has been clarified and accordingly, the learned Magistrate issued direction to insert the said word. This direction does not amount to alteration or amendment of the final order passed by the Court as sought to be contended. There is no merit in this petition.
Petition is dismissed.
Sd/- JUDGE *alb/- Ct:b