- 1 - HC-KAR NC: 2025:KHC:32998 CRL.RP No. 1568 of 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE CRIMINAL REVISION PETITION NO. 1568 OF 2016 BETWEEN: SRI SHAIK ZAMEER, S/O SHAIKSALEEM,AGED ABOUT 35 YEARS, R/AT SHAHINSHA NAGAR,OPP.HAZMATH SHA KHADRIDARGA,KOLAR-563101. …PETITIONER (BY SRI MAHESH KUMAR K M, ADVOCATE FOR SRI VEERANNA G TIGADI, ADVOCATE) AND: SMT SALMA TAJ, W/O SHAIK ZAMEER,D/O SYED CHAND PRASHA, AGED ABOUT 31 YEARS, R/AT RAHAMATH NAGAR,KOLAR-563101. …RESPONDENT (BY SRI M S BADARINARAYANA, ADVOCATE) THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HON'BLE COURT MAY BE PLEASED TO SET ASIDE THE IMPUGNED ORDER DATED 18.2.2016 IN DVA NO.14/2011 PASSED BY THE I ADDL. C.J. AND J.M.F.C., KOLAR AND ORDER DATED 28.10.2016 PASSED BY THE I ADDL. S.J., KOLAR IN CRL.A.NO.9/2006. THIS PETITION, COMING ON FOR HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE Digitally signed by C HONNUR SAB Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:32998 CRL.RP No. 1568 of 2016 ORAL ORDER This petition is filed assailing the order passed by the JMFC, Kolar in DVA No.14/2011. In terms of the said order, the respondent/wife’s application seeking monthly maintenance and of Rs.14,000/- is allowed-in-part awarding monthly maintenance of Rs.5000/-. 2. The respondent/wife made a claim for Rs.14,000/- per month however, the same was not accepted. 3. The husband filed an appeal before the Sessions Court in Crl.A.09/2016. The said appeal is dismissed. Under these circumstances, the present petition is filed assailing the aforementioned two orders. 4. The admitted factual situation is that the petitioner before this Court is the husband of the respondent and the couple have two children and both of them are minors. Both the children are with the mother/respondent. 5. The materials would indicate that the husband has not made any arrangement for payment of maintenance of the children. - 3 - HC-KAR NC: 2025:KHC:32998 CRL.RP No. 1568 of 2016 6. The sole ground on which the petition filed by the wife is contested is that, the husband is ready to live with the wife and wife is not ready to live with the husband and wife is insisting for a separate residence and is not ready to live along with the remaining family members of the petitioner/husband. 7. The Trial Court and the Appellate Court have considered the contentions and the evidence on record, and passed an order for payment of maintenance of Rs.5,000/-. 8. To the pointed question by the Court as to whether the husband is making payment in terms of the impugned orders, learned counsel for the petitioner submits that he has no instructions relating to payment by the husband. 9. Since, it is not in dispute that two children are with the respondent/wife and since, nothing is produced to show that the petitioner/husband is providing maintenance for the children, this Court does not find any error in the order directing payment of Rs.5,000/- per month as maintenance to the respondent/wife. - 4 - HC-KAR NC: 2025:KHC:32998 CRL.RP No. 1568 of 2016 10. No grounds are made out interfere with the order under Section 397 Cr.P.C. 11. Accordingly, Criminal Revision Petition is dismissed. Sd/- (ANANT RAMANATH HEGDE) JUDGE BRN List No.: 2 Sl No.: 39