IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 01ST DAY OF AUGUST 2019 BEFORE THE HON’BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO.4225 OF 2016 BETWEEN:
SRI SIDDESH S/O SRI. BAIRANNA, AGED ABOUT 37 YEARS, R/AT MUDDUMALLANAHALLI, I.D.HALLI HOBLI, MADHUGIRI TALUK TUMKUR DISTRICT-572132. ... PETITIONER (BY SRI: G S VENKAT SUBBA RAO, ADVOCATE) AND SMT D GEETHA W/O SRI. SIDDESH, AGED ABOUT 26 YEARS, R/O RANGAPURA, DODDERI HOBLI, MADHUGIRI TALUK TUMKUR DISTRICT-573132. ... RESPONDENT (Smt GEETHA SERVED AND UNREPRESENTED) THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE IMPUGNED ORDER DATED 30.11.2015 PASSED BY THE IV ADDL. DIST. AND S.J., MADHUGIRI IN CRL.R.P.5016/2015 CONFIRMING THE ORDER DATED 25.04.2015 PASSED IN CRL.MISC.NO.146/2011 BY THE ADDL. CIVIL JUDGE AND JMFC, MADHUGIRI VIDE ANNEXURE-A.
THIS CRL.P COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R Petitioner is aggrieved by the order dated 30.11.2015 whereby the learned Sessions Judge has dismissed the revision petition filed by the petitioner for non-prosecution.
2. The respondent herein filed an application under Section 125 of Cr.P.C. seeking maintenance from the petitioner. After adducing evidence of the parties, the trial Court by its order dated 25.4.2015 directed the petitioner herein to pay maintenance of Rs.1,500/- p.m. from the date of the order till her life time. This order was challenged by the petitioner before the Revisional Court. However, petitioner having failed to take steps for service of notice on respondent herein, by the impugned order, the petition was dismissed.
3. Having regard to the nature of the dispute between the parties and having regard to the above facts, I do not find it appropriate to interfere in the matter. The trial Court has awarded maintenance of Rs.1,500/- p.m based on evidence. It is always open for the petitioner to seek modification of the said order in the event of any changed circumstances.
Hence reserving liberty to the petitioner to seek modification or alteration of the order dated 25.4.2015 passed by the Additional Civil Judge & JMFC, Madhugiri, on account of any changed circumstance, the petition is disposed of.
Sd/- JUDGE rs