IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF FEBRUARY 2019 BEFORE THE HON'BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO.1587/2013 BETWEEN:
SRI RATHNAKAR.S.HEGDE S/O SOORYANA HEGDE, MAJOR, WORKING AS CLERK, WESTERN RAILWAY, DRM OFFICE, 3RD FLOOR, BUDGET SECTION, BOMBAY CENTRAL, MUMBAI-400 072.
... PETITIONER (BY SRI.UDAYA SHANKAR RAI.P, ADV.) AND:
MRS. VASANTHI HEGDE D/O SUNDAR HEGDE, R/O KARIKILA HOUSE, KADESHWALYA POST AND VILLAGE, BANTWAL, D.K.DISTRICT-574 211.
... RESPONDENT (BY SRI.CHAITANYA HEGDE, ADV.) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C PRAYING TO SET ASIDE THE ORDER DATED:28.1.13 PASSED IN CRL.R.P.NO.83/2009 BY THE COURT OF SESSIONS JUDGE, D.K., MANGALORE AND PERMIT THE PETR. TO ADDRESS ARGUMENTS IN THE ABOVE REV. PETN.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Heard the learned counsel for the petitioner and learned counsel for the respondent.
2. Respondent herein had filed an application under Section 125 of Cr.P.C. seeking maintenance from the petitioner. The trial Court directed the petitioner herein to pay maintenance at the rate of Rs.5,000/- per month to the respondent vide order dated 29.01.2009 in Crl.Misc.No.165/2006. The petitioner carried the matter in revision before the Sessions Judge, Dakshina Kannada in Crl.RP.No.83/2009. However, the said Revision Petition came to be dismissed for non-prosecution on 28.01.2013.
3. Learned counsel for the respondent submits that the petitioner has not complied with the orders of the trial Court and has kept huge maintenance in arrears and therefore, the petitioner is not entitled to prosecute the petition.
4. Though the submission of the learned counsel for the respondent is well founded, yet, the Revision Petition having been dismissed for non-prosecution without considering the merits of the case, an opportunity ought to be afforded to the petitioner to putforth his contentions in the revision petition subject to clearing the entire arrears of maintenance.
Accordingly, the petition is allowed. The order dated 28.01.2013 dismissing the Revision Petition for non- prosecution is set aside subject to the petitioner herein depositing the entire arrears of maintenance as ordered by the learned Magistrate in Crl.Misc.No.165/2006 with the trial Court within four weeks from today, failing which, this order shall become inoperative and the respondent shall be at liberty to enforce the order passed by the Court of the Civil Judge (Sr.Dn.) & JMFC, Bantwal, D.K. in Crl.Misc.No.165/2006 in accordance with law.
Sd/- JUDGE VM