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2025 DAILYLAW 22361 (KAR)

MRS. PREETHI CORREA, v. MR. VINCENT CORREA

CRL.RP/496/2025 · 2025-06-11

Shivashankar Amarannavar

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:19938 CRL.RP No. 496 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL REVISION PETITION No. 496 OF 2025 BETWEEN: 1. MRS. PREETHI CORREA D/O MR. GREGORY AMBROSE D’SILVA AGED ABOUT 47 YEARS. 2. MS. VIYOLA PRATHVI CORREA D/O MR. VINCENT CORREA AGED ABOUT 24 YEARS. BOTH THE PETITIONERS ARE: R/AT PADAVU MEGINA MANE KAIKAMBA, KULASHEKARA MANGALORE – 575 005. …PETITIONERS (BY SRI AJAY PRABHU M, ADVOCATE) AND: MR. VINCENT CORREA S/O MR. LEO CORREA AGED ABOUT 52 YEARS R/AT PADAVU MEGINA MANE KAIKAMBA, KULASHEKARA MANGALORE – 575 005. …RESPONDENT (BY SRI P PRITHVI KIRAN SETTY, ADVOCATE) Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:19938 CRL.RP No. 496 of 2025 THIS CRL.RP IS FILED UNDER SECTION 397 READ WITH 401 Cr.PC (FILED U/S 438 R/W 442 BNSS) PRAYING TO SET ASIDE IMPUGNED ORDER DATED 12.03.2025 IN CRL.A.No.125/2024 ON THE FILE OF THE COURT OF IV ADDL.DISTRICT AND SESSIONS JUDGE D.K MANGALURU THEREBY CONFIRMING THE ORDER DATED 29.05.2024 ON I.A.NO.I IN CRL.M.C.No.1/2024 ON THE FILE OF THE COURT OF J.M.F.C(III COURT) MANGALURU D.K AND CONSEQUENTLY ALLOW THE CRL.A IN CRL.A.No.125/2024 ON THE FILE OF THE COURT OF IV ADDL.DISTRICT AND SESSIONS JUDGE D.K MANGALURU AS PRAYED FOR AND DIRECT THE RESPONDENT TO PAY INTERIM MAINTENANCE OF RS.1,00,000/- P.M AND 30,000/- TOWARDS LITIGATION EXPENSES AND ETC., THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER Petitioner No.1 is wife of respondent and Petitioner No.2 is major daughter of Petitioner No.1 and respondent. Petitioners filed application under Section 12(1) of Protection of Women from Domestic Violence Act, 2005 seeking several reliefs. The trial Court by passing exparte order directed the respondent to pay a sum of Rs.15,000/- p.m. to Petitioner Nos.1 and 2 towards their maintenance. 2. After notice, respondent appeared and filed his objections to the main petition and also to interim - 3 - HC-KAR NC: 2025:KHC:19938 CRL.RP No. 496 of 2025 application. The interim application filed by the petitioners under Section 20(d) of the D.V.Act came to be rejected by the trial Court by order dated 29.05.2024. At the time of passing of the said order, the trial Court has observed in para 12 as under: “12. The present application filed by the petitioner is moreover the second application for the interim maintenance. Since the court has already passed an exparte interim order and granted Rs.15,000/- as maintenance, although the respondent is paying Rs.25,000/- to the petitioners as per the submission of the petitioner itself. To pass an interim order for maintenance as prayed in the present application requires trial. Hence, in the interest of justice, this Hon’ble Court passed the following: ORDER The application filed U/S 20(d) of P.W.D.V Act by the petitioner is hereby dismissed.” 3. The said order dated 29.05.2024 has been challenged by the petitioners before the Sessions Court in - 4 - HC-KAR NC: 2025:KHC:19938 CRL.RP No. 496 of 2025 Crl.A.No.125/2024. The said criminal appeal came to be dismissed by the Sessions Judge by impugned judgment dated 12.03.2025. 4. Heard learned counsel for the petitioners and learned counsel for the respondent. 5. Learned counsel for the respondent submits that respondent is paying monthly maintenance of Rs.15,000/- per month from the date of exparte interim order passed by the trial Court. He undertakes that respondent would pay Rs.25,000/- per month as maintenance to the petitioners from 01.06.2025 till disposal of the main petition before the trial Court. Taking on record the said undertaking, respondent is directed to pay Rs.25,000/- per month as maintenance to the petitioners from 01.06.2025 till disposal of the main petition pending before the trial Court. Accordingly, the revision petition is disposed of. The trial Court is directed to dispose of the main petition - 5 - HC-KAR NC: 2025:KHC:19938 CRL.RP No. 496 of 2025 expeditiously, if both the parties co-operate for speedy trial. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DKB List No.: 1 Sl No.: 26