- 1 - NC: 2025:KHC:5547 CRL.P No. 14115 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 14115 OF 2024 (482(Cr.PC) / 528(BNSS) BETWEEN: SRI SURESH RAJ A M S/O LATE SRI A M MUNIVENKATAPPA AGED 55 YEARS RESIDING AT NO.807, ‘B’ BLOCK PRESTIGE LEELA, HAL OLD AIRPORT ROAD 2ND STAGE KODIHALLI BENGALURU 560 008. …PETITIONER (BY SMT. SANDHYA U PRABHU, ADVOCATE) AND: SMT. HEMALATHA J W/O SRUESH RAJ AM AGED 54 YEARS SETTL MINORI HAL CENTRAL TOWNSHIP JAWARHAR NAGAR, MARATHAHALLI BENGALURU 560 037. …RESPONDENT (BY SRI. ARUN G., ADVOCATE) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNNS) PRAYING TO QUASH THE ORDER IN CRL.MISC.NO.211/2023 PASSED BY LEARNED MMTC-1 AT MAYOH ALL M.G.ROAD, BENGALURU DATED 13.10.2023 PRODUCED AT ANNEXURE-B. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR Digitally signed by LEELAVATHI S R Location: High Court of Karnataka - 2 - NC: 2025:KHC:5547 CRL.P No. 14115 of 2024 ORAL ORDER This petition by the respondent in Crl.Mis.No.211/2023 on the file of the MMTC-I, Bengaluru, is directed against the impugned order dated 13.10.2023, whereby the application filed by the respondent-wife for an exparte order of interim maintenance under Section 28(1) and (2) of the Protection of Women from Domestic Violence Act, 2005 (for short “the said Act of 2005”), was allowed by the Trial Court. 2. Heard learned counsel for the petitioner and learned counsel for the respondent and perused the material on record. 3. A perusal of the material on record will indicate that the petitioner is the husband of respondent – wife, who filed the aforesaid petition in Crl.Misc.No.211/2023 against the petitioners seeking various reliefs under Sections 12, 18, 19 and 20 of the said Act of 2005. Along with the said petition, respondent-wife also filed an application under Section 23(1) and (2) of the said Act of 2005 for interim maintenance, which was allowed by the Trial court vide exparte impugned order, which is assailed in the present petition. - 3 - NC: 2025:KHC:5547 CRL.P No. 14115 of 2024 4. Though several contentions have been urged by both sides in support of their respective claims, having regard to the fact that the Trial court did not provide any opportunity to the petitioner to file objections and contest the application and passed the impugned exparte order, without expressing any opinion on the merits / demerits of the rival contentions, I deem it just and appropriate to direct the Trial Court to prepone/advance the matter, which currently stands posted to 15.03.2025, to 18.02.2025 and further direct the Trial Court to receive the objections along with documents, if any, to be filed by the petitioner on that day i.e., on 18.02.2025 and dispose of the application for interim maintenance filed by the respondent on merits within one month from 18.02.2025. 5. In the result, I pass the following: ORDER (i) The petition is allowed. (ii) The impugned order dated 13.10.2023 passed in Crl.Misc.No.211/2023 by the MMTC-1, Bengaluru, in so far as the petitioner is concerned, are hereby quashed. - 4 - NC: 2025:KHC:5547 CRL.P No. 14115 of 2024 (iii) The matter is remitted back to the Trial court for reconsideration of the application filed by the respondent for interim maintenance under Section 23(1) and (2) of the said Act of 2005, in accordance with law. (iv) The Trial Court is directed to prepone/advance the matter from 15.03.2025 to 18.02.2025. (v) Liberty is reserved in favour of both parties to file appropriate advancement/preponement application seeking preponement from 15.03.2025 to 18.02.2025. (vi) The Trial Court shall permit the petitioner to file objections along with documents to the applications and dispose of the same within a period of one month from 18.02.2025. (vii) All rival contentions on all aspects of the matter are kept open and no opinion is expressed on the same. Sd/- (S.R.KRISHNA KUMAR) JUDGE BMC List No.: 1 Sl No.: 74