- 1 - NC: 2025:KHC:8184 CRL.RP No. 1467 of 2023 C/W CRL.RP No. 290 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE H.P.SANDESH CRIMINAL REVISION PETITION NO. 1467 OF 2023 C/W CRIMINAL REVISION PETITION NO. 290 OF 2024 IN CRL.RP No. 1467/2023: BETWEEN: 1. MRS. SYEDA UZMA KAUSER KHADRI D/O SYED BASHEER AHMED W/O SAMEER AHMED AGED ABOUT 37 YEARS 2. BABY ZAINAB FATHIMA D/O SAMEER AHMED AGED ABOUT 7 YEARS (PETITIONER NO.2, BEING A MINOR IS REPRESENTED BY HER MINOR-NATURAL GUARDIAN MOTHER SMT. SYEDA UZMA KAUSER KHADRI) BOTH PETITIONERS NO.1 AND 2 ARE R/AT NO.8, BACK PORTION MASJID STREET Y.G.PALYA, AUSTIN TOWN BENGALURU-560 047. …PETITIONERS (BY SRI. AMRUTHESH C., ADVOCATE) AND: 1. MR. SAMEER AHMED S/O LATE BAHSEER AHMED AGED ABOUT 41 YEARS Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:8184 CRL.RP No. 1467 of 2023 C/W CRL.RP No. 290 of 2024 2. MRS. IRSHAD BEGUM W/O LATE BHASHEER AHEMD AGED ABOUT 69 YEARS 3. MR. SHAHBAZ AHMED S/O LATE BHASHEER AHEMD AGED ABOUT 36 YEARS RESPONDENTS NO.1 TO 3 ARE R/AT FLAT NO.303 SOUTHERN NEST APARTMENT 2ND MAIN, 4TH CROSS AMBEDKAR LAYOUT KAVALBYRASANDRA BENGALURU-560 032. …RESPONDENTS (BY SRI. K. AKRAM PASHA, ADVOCATE FOR R1; VIDE ORDER DATED 17.11.2023, NOTICE TO R2 AND R3 ARE DISPENSED WITH) THIS CRL.RP IS FILED UNDER SECTION 397 R/W 401 OF CR.P.C PRAYING TO SET ASIDE THE JUDGEMENT DATED 01.09.2023 INSOFAR AS INADEQUATE INTERIM MAINTENANCE AND THE ORDER OF REMANDING THE MATTER FOR CONSIDER OF I.A. FOR INTERIM MAINTENANCE FILED U/S 23(2) OF THE PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005, PASSED IN CRL.A.NO.2557/2019, ON THE FILE OF THE LEARNED LXVI ADDL. CITY CIVIL AND SESSIONS JUDGE, CCH-67, BENGALURU, PRODUCED AS ANNEXURE-A. AND TO SET ASIDE THE ORDER DATED 14.10.2019 PASSED IN C.MISC. NO.235/2017 ON I.A. FILED U/S 23(2) OF THE PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005, ON THE FILE OF THE LEARNED MMTC-1, PRODUCED AS ANNEXURE-B AND CONSEQUENTLY ALLOW THE I.A. FILED BY THE APPELLANTS U/S 23(2) OF THE PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005, ON THE FILE OF THE LEARNED MMTC-1, IN C.MISC.NO.235/2017 AND AWARD AN INTERIM MAINTENANCE OF RS.50,000/- (RUPEES FIFTY THOUSAND). - 3 - NC: 2025:KHC:8184 CRL.RP No. 1467 of 2023 C/W CRL.RP No. 290 of 2024 IN CRL.RP NO. 290/2024: BETWEEN: 1. SRI. SAMEER AHMED S/O LATE BASHEER AHMED AGED ABOUT 35 YEARS 2. SMT. IRSHAD BEGUM W/O LATE BASHEER AHMED AGED ABOUT 63 YEARS 3. SMT. SHAHBAZ AHMED S/O LATE BASHEER AHMED AGED ABOUT 32 YEARS ALL ARE R/AT NO.1311, 1ST FLOOR 2ND CROSS, KAVALBYRASANDRA BANGALORE-560 032 (D.J. HALLI LIMITS). ...PETITIONERS (BY SRI. K. AKRAM PASHA, ADVOCATE) AND: 1. SMT. SYED UZMA KAUSER KHADRI W/O SRI. SAMEER AHMED D/O SRI. SYED BASHEER AHMED AGED ABOUT 31 YEARS 2. BABY ZAINAB FATHIMA D/O SAMEER AHMED AGED ABOUT 2 YEARS, REPRESENTED BY HER NATURAL GUARDIAN OF THE MOTHER (SMT. SYEDA UZMA KAUSER KHADRI) BOTH ARE R/AT NO.8, BACK PORTION MASJID STREET, Y.G.PALYA, AUSTIN TOWN BANGALORE-560 047. ...RESPONDENTS (BY SRI. AMRUTHESH C., ADVOCATE FOR R1 AND R2) - 4 - NC: 2025:KHC:8184 CRL.RP No. 1467 of 2023 C/W CRL.RP No. 290 of 2024 THIS CRL.RP IS FILED UNDER SECTION 397 R/W 401 OF CR.PC PRAYING TO SET ASIDE THE KIND ORDER DATED 01.09.2022 IN CRL.A.NO.2557/2019 BY THE HON’BLE ADDL. CITY CIVIL AND SESSIONS JUDGE AT BENGALURU AND TO SET ASIDE THE KIND ORDER DATED 14.10.2019 IN CRL.MISC.NO.235/2017 PASSED BY THE HON’BLE MAGISTRATE COURT AT BENGALURU. THESE PETITIONS COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.P.SANDESH ORAL ORDER Heard learned counsel for petitioners and respective counsels for respondents. 2. The only grievance before this Court in these revision petitions by the petitioners is that though Trial Court passed an order to pay amount of Rs.15,000/- per month and the same is not paid and only on direction of this Court, the husband has made payment of Rs.5,00,000/- and now, according to the petitioners, Rs.7,74,000/- is due in terms of the order passed by the First Appellate Court from the date of application modifying the order of the Trial Court, wherein an order has been passed from the date of the order. - 5 - NC: 2025:KHC:8184 CRL.RP No. 1467 of 2023 C/W CRL.RP No. 290 of 2024 3. Learned counsel for the respondents seeks two months time to make balance payment. The other ground urged by the learned counsel for the petitioners is that, First Appellate Court ought to have considered the assets and liabilities placed by both of them and declaration made by them and ought to have passed an order considering the same. But, the fact is that the same has not been discussed in the order of the First Appellate Court, except stating in paragraph No.9 that the appellant-wife and respondent-husband filed assets and liabilities declaration affidavits. The appellants and respondents filed written arguments on I.A.No.1 and on main appeal. Hence, the First Appellate Court directed to decide the application under filed Section 23(2) of the D.V. Act. The Apex Court also directed to considering the interim application afresh by giving opportunity to both sides considering the judgment of the Apex Court in RAJANISH VS. NEHA in accordance with law. 4. Having considered the same, the First Appellate Court not considered the assets and declaration made by them and I do not find any error committed by the First Appellate Court and the First Appellate Court ought to have directed to - 6 - NC: 2025:KHC:8184 CRL.RP No. 1467 of 2023 C/W CRL.RP No. 290 of 2024 dispose of the interim application within a time bound period, but no such order has been passed. Hence, it is appropriate to direct the ** Trial Court to consider the interim-application within a time bound period of one month from today and the respondent-husband is directed to pay Rs.15,000/- per month as ordered by this Court which is modified by the First Appellate Court to meet the expenses of the child, since petitioner is having daughter. With regard to the employment of the petitioner is concerned, the same has been considered by the Trial Court. Hence, while considering the interim- application, the Trial Court is directed to consider the assets and liabilities declaration made by them and take decision within one month. The respondent *No.1 is also directed to pay arrears within 45 days from today. Accordingly, the criminal revision petitions stand disposed of. Sd/- (H.P.SANDESH) JUDGE ST List No.: 1 Sl No.: 83 * Inserted vide Chamber Order dated 04.03.2025 ** Corrected vide Chamber Order dated 10.03.2025