- 1 - NC: 2025:KHC-D:5819 CRL.P No. 103552 of 2022 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 1ST DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO.103552 OF 2022 BETWEEN: SRI. SHASHIKUMAR C. S/O. CHANDRAPPA, AGE: 42 YEARS, OCC: MALIKMAN, R/O: 188/28, RAMBHAPURI ROAD, SHEKHARAPPA NAGAR, C BLOCK, DAVANGERI, TQ: DAVANGERI – 577 001, DIST: DAVANGERI. …PETITIONER (BY MRS. VINUTA M. KHANNUR, ADVOCATE FOR SRI. MADANMOHAN M. KHANNUR, ADVOCATE) AND: SMT. AKKAMAHADEVI @ JYOTHI W/O. SHASHIKUMAR C. CHANDRAPPA, AGE: 34 YEARS, OCC: HOUSEHOLD, R/O: AMARAPUR, TQ: LAXMESHWAR – 582 116, DIST: GADAG. …RESPONDENT (BY SRI. G.N.NARASAMMANAVAR, ADVOCATE) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C., SEEKING TO SET ASIDE THE ORDER DATED 11/10/2022 IN CRIMINAL REVISION PETITION NO. 23/2021 PASSED BY THE COURT OF THE ADDL. DISTRICT AND SESSIONS JUDGE, GADAG AND ORDER DATED 03/05/2021 IN CRL. MISC. NO. 137/2018 PASSED BY THE COURT OF THE CIVIL JUDGE AND JMFC COURT LAXMESHWAR AND DISMISS CRL. MISC. NO. 137/2018 WITH EXEMPLARY COSTS, IN THE INTEREST OF JUSTICE. THIS CRIMINAL PETITION, COMING ON FOR ADMISSION, THIS DAY ORDER WAS MADE THEREIN AS UNDER: Digitally signed by MOHANKUMAR B SHELAR Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - NC: 2025:KHC-D:5819 CRL.P No. 103552 of 2022 CORAM: THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER This petition filed by the petitioner –husband under Section 482 of Cr.P.C praying to set aside the order dated 11.10.2022 passed in Criminal Revision Petition No.23/2021 by the Additional District and Sessions Judge, Gadag and order dated 03.05.2021 passed in Crl.Misc.No.137/2018 by the Civil Judge and JMFC, Laxmeshwar with exemplary cost. 2. Heard learned counsel for the petitioner and learned counsel for the respondent. 3. The respondent has filed petition under Section 125 of Cr.P.C in Crl.Misc.14/2013 against the petitioner – husband seeking maintenance. The said petition came to be allowed by order dated 26.08.2014 awarding maintenance of Rs.3,000/- per month. The said order has been challenged by the petitioner –husband in Crl.A.No.49/2014. In the said appeal the maintenance - 3 - NC: 2025:KHC-D:5819 CRL.P No. 103552 of 2022 awarded by Magistrate has been modified and reduced to Rs.2,000/- per month. Thereafter, the petitioner filed petition seeking divorce in M.C.No.6/2017 and it came to be allowed and marriage between petitioner and respondent has been dissolved by judgment dated 07.08.2018. Thereafter, the respondent –wife has filed petition under Section 127 of Cr.P.C seeking alteration of maintenance in Crl.Misc No.137/2018. The said petition has been contested by the petitioner –husband. The respondent –wife examined herself as P.W.1 and got marked one witness as P.W.2. Petitioner –husband examined himself as R.W.1. Considering the evidence on record, the learned Magistrate has allowed the said petition in part and awarded additional maintenance of Rs.3,000/- per month with maintenance of Rs.2,000/- awarded earlier. The said order has been challenged by the petitioner –husband in Criminal Revision Petition No.23/2021. After hearing the parties, the said Revision Petition came to be dismissed by confirming the order - 4 - NC: 2025:KHC-D:5819 CRL.P No. 103552 of 2022 dated 03.05.2021 passed in Crl.Misc.No.137/2018. The petitioner –husband has challenged order dated 11.10.2022 passed in Criminal Revision Petition No.23/2021 and order dated 03.05.2021 passed in Crl.Misc.No.137/2018 in this petition. 4. Learned counsel for the petitioner –husband would contend that without any basis learned Magistrate has awarded additional maintenance of Rs.3,000/- per month. The respondent –wife has not established the income of the petitioner –husband. The respondent –wife has not established that she is residing in rented house for which she requires Rs.2,000/- and she also requires amount for her medical treatment. The petitioner – husband is milk vendor having two buffalos getting Rs.1,000/- per month and after divorce he has married another lady and having a child out of that marriage. Without considering all these aspects, learned Magistrate has awarded additional maintenance of Rs.3,000/- per - 5 - NC: 2025:KHC-D:5819 CRL.P No. 103552 of 2022 month and learned Sessions Judge has confirmed the said order. With these, she prayed to allow the petition. 5. Learned counsel for the respondent –wife would contend that the petitioner –husband has admitted that maintenance of Rs.2,000/- per month awarded is not sufficient as cost of living is increased. The evidence of P.W.2 will establish that the respondent –wife is residing in rented house at Davanagere and she is suffering from illness for which she requires money. Considering all these aspects, learned Magistrate has rightly awarded additional maintenance of Rs.3,000/- per month. Learned Sessions Judge has rightly dismissed the Revision Petition by confirming the order passed by the learned Magistrate. With these, he prays for dismissal of the petition. 6. Having heard learned counsels, this Court has perused impugned orders and trial Court records. 7. The respondent is divorced wife of the petitioner. As per order passed in Crl.A.No.49/2014 the - 6 - NC: 2025:KHC-D:5819 CRL.P No. 103552 of 2022 respondent –wife has been awarded maintenance of Rs.2,000/- per month. The said award of maintenance of Rs.2,000/- per month is pertaining to petition filed by the respondent –wife in the year 2013. The respondent –wife has sought alternation of the said maintenance and sought additional maintenance of Rs.6,000/- in the year 2018. There is lapse of almost five years in between the earlier petition and subsequent petition filed by the respondent – wife. The said additional maintenance sought on grounds that the respondent –wife in residing in the rented house, she requires for medical treatment and cost of living is increased. The petitioner who has been examined as D.W.1 in his cross examination has admitted that cost of essential commodities are increased and Rs.2,000/- is not sufficient for the person to maintain himself/herself. D.W.1 who is petitioner has also admitted that he is doing milk vending business having two buffalos and selling five litters of milk. D.W.1 has also admitted that he is having own house at Davanagere but he has denied that he has - 7 - NC: 2025:KHC-D:5819 CRL.P No. 103552 of 2022 let out two portions on rent in the said house. Learned Magistrate has also noted that the respondent –wife is suffering from kidney stones and the said finding is based on the medical documents produced by the respondent – wife. Considering increase in the cost of living and lapse of five years in between earlier petition and subsequent petition, the learned Magistrate has rightly awarded additional maintenance of Rs.3,000/- per month. Considering the said aspect, learned Sessions Judge has rightly dismissed Criminal Revision Petition filed by the petitioner -husband challenging the order passed by the learned Magistrate. There are no grounds for setting aside the well reasoned orders by learned Magistrate and learned Sessions Judge. In the result, the petition is dismissed. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DSP/CT-ASC List No.: 1 Sl No.: 38