- 1 - NC: 2025:KHC:7962 CRL.RP No. 1605 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE H.P.SANDESH CRIMINAL REVISION PETITION NO. 1605 OF 2024 BETWEEN: 1. M. DEEPAK S/O R. MANJUNATHA AGED ABOUT 32 YEARS OCC: AGRICULTURIST R/O KALLIHALU VILLAGE BHADRAVATHI TALUK SHIVAMOGGA DISTRICT-577204 …PETITIONER (BY SRI. HIREMATHAD MAHESHIAH RUDRAYYA, ADVOCATE) AND: 1. SMT. LAKSHMI W/O M. DEEPAK OCC: HOUSEWIFE AGED ABOUT 32 YEARS R/O GANAPATHI TEMPLE ROAD HOLAKERE TOWN HOLALKERE TALUK DAVANAGERE DISTRICT-577235 …RESPONDENT (BY SMT. SARITHA KULKARNI, ADVOCATE) THIS CRL.RP IS FILED UNDER SECTION 397 R/W 401 OF CR.P.C (FILED U/S 438 BNSS) PRAYING TO SET ASIDE THE ORDER OF THE LEARNED 1ST ADDL. DISTRICT AND SESSIONS Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:7962 CRL.RP No. 1605 of 2024 JUDGE, CHITRADURGA, DATED 12.11.2024 IN CRL.A.NO.89/2024 PRODUCE AT ANNEXURE-A AND MODIFY THE ORDER OF THE SENIOR CIVIL JUDGE AND JMFC HOLALKERE DATED 08.08.2023 IN CRL.MISC.NO.95/2023 PRODUCED AT ANNEXURE-B BY REDUCING THE INTERIM MAINTENANCE OF RS.9,000/- P.M. IN TO RS.2,000/- P.M. THIS PETITION COMING ON FOR ADMISSION THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.P.SANDESH ORAL ORDER 1. Heard the learned counsel for revision petitioner and also learned counsel for respondent. 2. This revision petition is filed by the husband of against the order of the Trial Court wherein interim maintenance was granted to the tune of Rs.9,000/- per month as against the defendant/respondent liable to the tune of Rs.15,000/-, the same is also challenged before the First Appellate Court in Crl.A.No.89/2024 and same is dismissed and hence, the present revision petition is filed. 3. Having heard the revision petitioner’s counsel and also the counsel appearing for the respondent, petition filed under Section 12 r/w Section 20 of Protection - 3 - NC: 2025:KHC:7962 CRL.RP No. 1605 of 2024 of Women from Domestic Violence Act, 2004 and Section 125(3) of Cr.P.C and also filed an application for interim maintenance. The Trial Court having considered the averments made in the affidavit which is filed in support of the application filed under Section 23(i)(ii) of Domestic Violence Act (interim maintenance) on behalf of the petitioner wherein categorically stated that the petitioner herein is working as LIC agent and having house properties and the same are let out for rent and also Arecanut garden. The Trial Court while considering this application and affidavit, passed an order atleast she is need of Rs.300/- per day and also not accepted the claim of Rs.15,000/- since the respondent also not produced any documents and also one of the reason that it is difficult to consider that their prayer in toto. 4. Having considered the said factual aspect that till date the appellant doing agriculture and LIC agent having the house properties, the Trial Court granted an amount of Rs.9,000/- per month as maintenance. The First - 4 - NC: 2025:KHC:7962 CRL.RP No. 1605 of 2024 Appellate Court also while considering the appeal comes to the conclusion that it is only an exparte order of maintenance and by filing objections to the said application, the petitioner can get the relief based on merits. Admittedly, objections are also filed by the petitioner before the Trial Court subsequent to passing of an interim order. When such objection is filed and already passed an order directing to pay the maintenance of Rs.1,000/-, same has to be considered by the Trial Court only if source of income, capability and affordability of payment of Rs.9,000/- and this is only an interim maintenance order which was passed that too based on the affidavit filed along with the application. When such being the case, I do not find any error in the order of the Trial Court directing to pay an amount of Rs.9,000/- as interim maintenance having considered the averment made in the affidavit and once an objection was filed and the same has to be considered on merits. Hence, the petitioner is directed to pay maintenance of Rs.9,000/- per month as ordered by the Trial Court. The counsel for - 5 - NC: 2025:KHC:7962 CRL.RP No. 1605 of 2024 respondent also stated that even from the date of order, single paisa is not paid by the petitioner. Hence, petitioner is directed to pay an amount Rs.9,000/- per month as ordered by the Trial Court within four weeks including the arrears and get an order on merits. 5. The Trial Court is directed to dispose of the same by considering the objection statement filed by the petitioner on merits within a period of two months. Accordingly, the petition is disposed of. Sd/- (H.P.SANDESH) JUDGE RHS List No.: 1 Sl No.: 41