SHRI. SANGANAGOUDA S/O BASAPPA HOSAGOUDRA v. SMT. DEVAMMA W/O SANGANAGOUDA
CRL.P/100616/2023 · 2025-01-09
Hemant Chandangoudar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 4217 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 4217 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC-D:381 CRL.P No. 100616 of 2023
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 9TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR
CRIMINAL PETITION NO. 100616 OF 2023 (482(Cr.PC)/528(BNSS))
BETWEEN:
SHRI. SANGANAGOUDA, S/O. BASAPPA HOSAGOUDRA, AGE. 38 YEARS, OCC. PETTY BUSINESS, R/O. EWS-75, NIJALINGAPPA COLONY, RAICHUR-584101. …PETITIONER (BY SRI. SHIVRAJ S. BALLOLI, ADVOCATE)
AND:
1.
SMT. DEVAMMA W/O. SANGANAGOUDA, AGE. 35 YEARS, OCC. CONTRACT BASE EMPLOYEE IN SUB-REGISTRAR OFFICE, R/O. C/O. CHENNABASANGOUDA MALIPATIL GANIGER, YELBURGA-583 236, TQ. YELBURGA DIST. KOPPAL.
2.
KUM. CHAITRA D/O. SANGANAGOUDA AGE. 7 YEARS, OCC. NIL, R/O. C/O. CHENNABASANGOUDA MALIPATIL-GANIGER, YELBURGA-583 236, TQ. YELBURGA, DIST. KOPPAL.
SINCE MINOR REPRESENTED BY HER MOTHER AND NATURAL GUARDIAN THE RESPONDENT NO.1, SMT. DEVAMMA W/O. SANGANAGOUDA, AGE. 35 YEARS, OCC. CONTRACT BASE EMPLOYEE IN SUB-REGISTRAR OFFICE, R/O. C/O. CHENNABASANGOUDA MALIPATIL-GANIGER, YELBURGA-583236, TQ. YELBURGA, DIST. KOPPAL. …RESPONDENTS (BY SRI. SADIQ N. GOODWALA, ADVOCATE)
Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.01.13 15:17:08 +0530
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NC: 2025:KHC-D:381 CRL.P No. 100616 of 2023
THIS CRIMINAL PETITION IS FILED U/SEC. 482 OF CR.P.C.
SEEKING TO QUASH THE IMPUGNED ORDER DATED 09.02.2023 PASSED IN CRL.RP NO. 20/2021, BY THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, KOPPAL, THEREBY CONFIRMING THE ORDER DATED 20.04.2021 PASSED BY THE CIVIL JUDGE AND JMFC, YELBURGA IN CRL.MISC NO.182/2014 BY ALLOWING THIS PETITION.
THIS PETITION, COMING ON FOR HEARING, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM:
THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR
ORAL ORDER The petitioner challenges the order dated 09.02.2023 passed in Crl.R.P. No.20/2021 by the Principal District and Sessions Judge, Koppal (Revisional Court), which confirmed the order dated 20.04.2021 passed by the Civil Judge and JMFC, Yelburga (Trial Court) in Crl. Misc. No.182/2014. By this order, the petitioner has been directed to pay a maintenance amount of ₹5,000/- per month to his wife and ₹3,000/- per month to his daughter.
2.
Learned Counsel for the Petitioner contended that the Respondent is not entitled to maintenance, but the Revisional Court passed the impugned order without providing sufficient opportunity to the Petitioner.
3. The Trial Court, after considering the evidence on record, noted that the petitioner owns landed properties, had borrowed a loan of ₹15,00,000/- for constructing a house, and has a tractor registered in his name. Based on these findings, the Trial Court rightly concluded that respondents No.1 and 2 are entitled to maintenance of ₹5,000/- per month and ₹3,000/- per month,
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NC: 2025:KHC-D:381 CRL.P No. 100616 of 2023
respectively. The Criminal Revision Petition filed by the petitioner against this order was dismissed by the Revisional Court.
4. Although the marriage between the petitioner and respondent No.1 has been dissolved on the ground of cruelty, the petitioner cannot be absolved of his legal obligation to pay maintenance to his divorced wife under Section 125 of the Cr.P.C., particularly when she lacks sufficient means to maintain herself. Furthermore, the petitioner is also legally obligated to provide maintenance for his daughter.
5. There is no illegality or irregularity in the orders passed by the Trial Court and the Revisional Court that warrants interference. The petitioner’s challenge is devoid of merit and stands dismissed. Accordingly, the petition is dismissed.
Sd/- (HEMANT CHANDANGOUDAR) JUDGE
KMS/ Ct:vh List No.: 1 Sl No.: 52