- 1 - NC: 2025:KHC:7216 CRL.P No. 745 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 745 OF 2023 BETWEEN: PURYA NAIK @ POORYA NAIK. N, S/O LATE NAGYA NAIK, AGED ABOUT 67 YEARS, RETIRED A.S.I. R/AT NEAR H. P. GAS GODOWN, KONDAJJI ROAD, ASHOKNAGAR, DAVANAGERE – 577 101 …PETITIONER (BY SRI. S G RAJENDRA REDDY, ADVOCATE) AND: SMT. MANJULA @ MANJULA BAI W/O LATE N.P. NAVEEN KUMAR, AGED ABOUT 31 YEARS, HOUSEWIFE, R/AT C/O. RAMA NAIK, AREHALLI VILLAGE, CHANNAGIRI TALUK, DAVANAGERE DISTRICT. …RESPONDENT (BY SRI. GOPALAKRISHNA MURTHY C, ADVOCATE) THIS CRL.P IS FILED U/S. 397 R/W 401 CR.P.C PRAYING TO SET ASIDE THE JUDGMENT AND ORDER DATED 06.12.2022 PASSED BY THE II ADDITIONAL DISTRICT AND SESSIONS JUDGE, DAVANAGERE IN CRL.A.NO.66/2022 AND ALSO THE ORDER DATED 11.08.2021 PASSED BY THE JUDICIAL Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:7216 CRL.P No. 745 of 2023 MAGISTRATE FIRST CLASS, THIRD COURT, DAVANAGERE IN CRL.MISC.NO.380/2020. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S. R. KRISHNA KUMAR ORAL ORDER This petition filed by respondent No.1 in Crl.Misc.No.380/2020 is directed against the impugned order dated 11.08.2021 passed by the trial Court which was confirmed by the first appellate Court in Criminal Appeal No.66/2022 which dismissed the appeal filed by the petitioner. 2. A perusal of the material on record will indicate that the respondent was married to one late N.P.Naveen Kumar and the petitioner is none other than the father of the aforesaid N.P.Naveen Kumar. Pursuant to the demise of the aforesaid N.P.Naveen Kumar on 05.10.2017, respondent filed a petition in Crl.Misc.No.380/2020 against the petitioner and other family members under Section 12 - 3 - NC: 2025:KHC:7216 CRL.P No. 745 of 2023 of the Protection of Women from Domestic Violence Act, 2005 (for short, 'PWDV Act'). 3. In the said proceedings, respondent filed an application under Section 23(2) of the PWDV Act for interim relief directing the petitioner to pay interim maintenance which was granted by the trial Court vide impugned order dated 11.08.2021, thereby, directing the petitioner to pay interim maintenance at Rs.3,000/- per month to the respondent. 4. Aggrieved by the same, petitioner filed an appeal in Criminal Appeal No.66/2022 which was dismissed by the Sessions Judge vide impugned order dated 06.12.2022. 5. Aggrieved by the impugned orders passed by the trial Court and first appellate Court, petitioner is before this Court in the present petition. 6. A perusal of the material on record will indicate that though the respondent had specifically stated that she was prevented from entering the shared household after - 4 - NC: 2025:KHC:7216 CRL.P No. 745 of 2023 the demise of her husband by the petitioner, the said contention is seriously disputed by the petitioner as is seen from the pleadings and contentions of the parties. Despite the fact that there are rival contentions as regards entitlement of the respondent to seek interim maintenance from the petitioner pursuant to the demise of her husband, neither the trial Court nor the first appellate Court have recorded clear or categorical findings in this regard. 7. Under these circumstances, in the light of the cryptic, laconic and non-speaking orders passed by the trial Court and the first appellate Court with regard to the provisions of the PWDV Act and the right of the respondent to claim interim maintenance from her father- in-law as well as liability of the father-in-law to pay interim maintenance to his daughter-in-law, without expressing any merits/demerits on the rival contentions, I deem it just and appropriate to set aside the impugned orders and remit the matter back to the trial Court for reconsideration - 5 - NC: 2025:KHC:7216 CRL.P No. 745 of 2023 of the application for interim maintenance afresh in accordance with law within a stipulated time frame. 8. In the result, I proceed to pass the following: ORDER (i) The petition is hereby allowed. ii) The proceedings in Crl.A.No.66/2022 on the file of the II Addl. District and Sessions Judge, Davanagere and also the proceedings in Crl.Misc.No.380/2020 on the file of the III Judicial Magistrate First Class, Davanagere are hereby set aside. (iii) Matter is remitted back to the trial Court for reconsideration of the application for interim maintenance filed by the respondent afresh in accordance with law. (iv) Trial Court is directed to reconsider the application afresh and pass appropriate orders in accordance with law within a - 6 - NC: 2025:KHC:7216 CRL.P No. 745 of 2023 period of three (3) months from the date of receipt of a copy of this order. Sd/- (S.R.KRISHNA KUMAR) JUDGE SA List No.: 1 Sl No.: 2