IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF MAY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE CRIMINAL PETITION NO.952 OF 2019 BETWEEN:
Sridhar K.P., S/o late Puttabasaviah, Aged about 33 years, Now R/at Kattavadi Village, Yellandur Taluk – 571 441, Chamarajnagar District.
Also at R/o No.164, Linganapura, Kollegala Town – 571 440, Chamarajnagar District.
(By Smt. P. C. Sunitha, Advocate) AND:
1. Smt. P. Preethi, W/o Sridhar, Aged about 28 years, 2. Kum. Vandana, D/o K. P. Sridhar, Aged about 9 years, 3. Kushal, S/o Sridhar, Aged about 5 years, … Petitioner Respondent Nos.2 & 3 are Represented by her mother P. Preethi Now all are Residing at No.A/644, 3rd Cross, Rajeevanagar, Kollegala Town – 571 440, Chamarajnagar District.
Also at R/o No.164, Linganapura, Kollegala Town – 571 440, Chamarajanagar District.
… Respondents This Criminal Petition is filed under Section 482 of Cr.P.C. praying to set aside the judgment passed by the learned Additional District and Sessions Judge, Chamarajanagar (Sitting at Kollegala) in Crl.R.P.No.17/2015 dated 23.11.2018, and thereby confirming the order passed by the learned Principal Civil Judge and JMFC, Kollegala in Crl.Misc.No.357/2015, dated 18.05.2015.
This Petition coming on for admission, this day, the Court made the following:-
ORDER Smt. P.C. Sunitha, learned counsel for the petitioner.
Taking into account the order which this Court proposes to pass, it is not necessary to issue notice to the respondents.
2. Heard the learned counsel for the petitioner on the question of admission.
3. The petition is admitted for hearing and heard finally.
4. In this petition under Section 482 of the Code of Criminal Procedure (hereinafter referred to as ‘the Code’ for short), the petitioner inter alia seeks for quashment of the order dated 23.11.2018 passed by the Revisional Court by which ex-parte interim order of maintenance passed by the Magistrate has been upheld.
5. After arguing the matter to some extent, learned counsel for the petitioner submits that the petitioner be granted liberty to file an application before the learned Magistrate seeking vacation of the ex-parte interim order of maintenance and the learned Magistrate be directed to decide the application in a time bound manner.
6. In view of the aforesaid submission and in the facts of the case, the petition is disposed of with a direction that in case petitioner files an application seeking vacation of the ex-parte interim order of the maintenance, the learned Magistrate after affording an opportunity of hearing to the parties, shall decide the same by a speaking order within a period of two weeks from the date of receipt of such an application without being influenced by any of the observations contained under the order dated 23.11.2018 passed by the Revisional Court.
7. With the aforesaid observation, petition is disposed of.
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JUDGE Mds/-