- 1 - HC-KAR NC: 2025:KHC-D:10789 CRL.P No. 104196 of 2022 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 23RD DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 104196 OF 2022 (482(CR.PC)/528(BNSS)) BETWEEN: LAXMAN S/O YALLAPPA KAMATI, AGE. 61 YEARS, OCC. RETIRED P.E. TEACHER, R/O. SUNADOLI, TQ. GOKAK, NOW AT UGAR-KHUED, TQ. ATHANI, DIST. BELAGAVI-591 304. … PETITIONER (BY SRI. K. ANANDKUMAR, ADVOCATE) AND: SHANTA W/O LAXMAN KAMAT, AGE. 58 YEARS, OCC. HOUSEHOLD WORK, SUNADALI, TQ. GOKAK, NOW AT HIDKAL, TQ. RAIBAG, DIST. BELAGAVI-591 317. … RESPONDENT (BY SRI. H.M. DHARIGOND, ADVOCATE) THIS CRIMINAL PETITION IS FIELD UNDER SECTION 482 OF CR.P.C., PRAYING TO ALLOW THE ABOVE CRL. PETITION CONSEQUENTLY BE PLEASE TO SET ASIDE THE ORDER DATED 12.05.2016 PASSED BY THE I ADDL. CIVIL JUDGE JMFC AT RAIBAG IN CRL. MISC NO.373/2012 AND ALSO SET ASIDE THE ORDER DATED 30.04.2019 PASSED BY THE VII ADDL. DISTRICT AND SESSIONS JUDGE BELAGAVI SITTING AT CHIKKODI IN CRL. REVISION PETITION NO.211/2016, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ADMISSION THIS DAY, ORDER IS MADE THEREIN AS UNDER: RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:10789 CRL.P No. 104196 of 2022 ORAL ORDER (PER: THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY) 1. The petitioner – husband is before this Court assailing the order dated 12.05.2016 passed by the Court of the I-Addl. Civil Judge and JMFC, Raibag in Crl. Misc. No.373 of 2012, which is confirmed in Criminal Revision Petition No.211 of 2016 by the Court of VII-Additional District and Sessions Judge, Belagavi, sitting at Chikodi in Criminal Revision Petition No.217 of 2016. 2. Heard the learned counsel for the parties. 3. The respondent herein had filed Crl. Misc. No.373 of 2012 against the petitioner herby before the jurisdictional Court of Magistrate under Section 125 of the Cr.P.C. seeking monthly maintenance of ₹10,000/-. It is the case of the respondent that the petitioner, who is her husband had deserted her and had failed to maintain her. The petitioner is a Physical Education Teacher in an Aided Educational Institution. In the said proceedings, the learned Magistrate had awarded monthly maintenance of ₹5,000/- per month - 3 - HC-KAR NC: 2025:KHC-D:10789 CRL.P No. 104196 of 2022 to the respondent to be paid from the date of petition i.e. on 04.09.2012. The judgment and order passed by the Court of Jurisdictional Magistrate in Criminal Revision Petition No.373/2012 was confirmed in Criminal Revision Petition by the Jurisdictional Court of District and Sessions Judge in Criminal Revision Petition No.211 of 2016, by judgment and order dated 13.04.2019. 4. Challenging the said judgment and order, belatedly this Criminal Petition was filed in the year 2022 by the petitioner. 5. Before the trial Court, the respondent-wife has examined herself as PW1 and got marked 7 documents as Exhibits P1 to P7. Exhibit P1 is the salary certificate of the petitioner relating to the year 2012 and as on the said date itself he had a monthly salary of ₹32,197/-. Exhibits P2 to P7 are the RTC extracts of the immovable properties and from the said documents, it is very clear that in addition to - 4 - HC-KAR NC: 2025:KHC-D:10789 CRL.P No. 104196 of 2022 the monthly salary, the petitioner also had additional income from the immovable properties, which he owned. 6. Considering the income of the petitioner, the trial Court had directed him to pay monthly maintenance of ₹5,000/- to the respondent. The Revisional Court has rightly confirmed the said order. The relationship between the parties is not in dispute. According to the learned counsel for the respondent, the petitioner has contracted a second marriage and he is now living with her. 7. Learned counsel for the petitioner has submitted that the petitioner has retired from service on 30.11.2021 and therefore, he is finding it difficult to pay the monthly maintenance to the respondent. The order in impugned was passed by the learned Magistrate on 12.05.2016 and the said order has been confirmed by the Revisional Court on 30.04.2019. As on the said day, the petitioner was in service and it cannot be said that having regard to his income, the amount of ₹5,000/- per month is directed to be - 5 - HC-KAR NC: 2025:KHC-D:10789 CRL.P No. 104196 of 2022 paid to the respondent-wife as maintenance is on the higher side. 8. Under the circumstances, I do not find any good ground to entertain this petition. Accordingly, the following: ORDER The Criminal Petition is dismissed. Sd/- (S.VISHWAJITH SHETTY) JUDGE VNP / CT:BCK LIST NO.: 1 SL NO.: 49