- 1 - NC: 2025:KHC-D:6219 CRL.RP No. 100289 of 2017 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 8TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL REVISION PETITION NO.100289 OF 2017 (397(Cr.PC)/438(BNSS)) BETWEEN: 1. CHANDRAHAS S/O. CHINNAPPA BALAGANNAVAR, AGE: 30 YEARS, OCC. ENGINEER, TESTING DEPARTMENT, WEG IND INDIA PVT. LTD., PLOT NO. E/20, MORANAPALLI VILLAGE, SIPSCO, PHASE-II, EXTN-II, R/O. HOSUR, TQ. KRISHNAGIRI, TAMILNADU-635109. 2. SMT. RUKMINI W/O. CHINAPPA BALAGANNAVAR, AGE: 58 YEARS, OCC. HOUSEHOLD, R/O. GARDEN PETH, HUBBALLI, DIST. DHARWAD. 3. GOVINDAKUMAR S/O. CHINNAPPA BALAGANNAVAR, AGE: 35 YEARS, OCC. PRIVATE SERVICE, R/O. GARDEN PETH, HUBBALLI, DIST. DHARWAD. …PETITIONERS (BY SRI. SHRIHARSH A. NEELOPANT, ADVOCATE) V N BADIGER Digitally signed by V N BADIGER Location: High Court of Karnataka, Dharwad Bench Date: 2025.04.19 10:32:59 +0530 - 2 - NC: 2025:KHC-D:6219 CRL.RP No. 100289 of 2017 AND: SMT.SUNITA CLAMING HERSELF TO W/O. CHANDRAHAS BALAGANNAVAR, AGE: 32 YEARS, OCC. HOUSEHOLD WORK, R/O. NO.84/A, RAILWAY QUARTERS, ALNAVAR, TQ/DIST. DHARWAD. …RESPONDENT (BY SRI. M.M. NAIKWADI, ADVOCATE) THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTION 397 READ WITH SECTION 401 OF CR.P.C., SEEKING TO CALL FOR RECORDS AND TO ALLOW THIS REVISION PETITION BY SETTING THE JUDGMENT DATED 28.09.2017 PASSED IN CRIMINAL APPEAL NO. 52 OF 2017 PASSED BY THE COURT OF THE IV ADDL. DISTRICT AND SESSIONS JUDGE COURT, DHARWAD AND IMPUGNED ORDER OF MAINTENANCE DATED 05.04.2017 IN CRL. MISC.NO. 208 OF 2016 PASSED BY THE III ADDL. CIVIL JUGE (JR.DN.) AND JMFC COURT DHARWAD AND DISMISS THE I.A.NO. II FILED BY THE RESPONDENT IN CRL. MISC.NO. 208 OF 2016. THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC-D:6219 CRL.RP No. 100289 of 2017 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) Heard Sri.Shriharsh A. Neelopant, learned counsel for the revision petitioner and Sri.M.M.Naikwadi, learned counsel for the respondent. 2. Petitioner No.1 is the husband who has suffered an order of grant of maintenance by order dated 05.04.2017 in Crl.Misc.No.208/2016 which was confirmed in Crl.A.No.52/2017 dated 28.09.2017. 3. Main grievance of the revision petitioner is that First Appellate Court failed to appreciate the grounds urged in the appeal memorandum and failed to consider the principles of law in various decisions relied on by the revision petitioner even though same is referred in paragraph No.9 of the impugned order. 4. Per contra, learned counsel for the respondent supports the impugned orders and submits that after all the order passed by the learned Trial Magistrate confirmed by the First Appellate Court is an interim order and petitioner can urge - 4 - NC: 2025:KHC-D:6219 CRL.RP No. 100289 of 2017 all their grounds in the pending matter when the matter is taken up for final hearing in the main matter. 5. He also submits that there is huge arrears of maintenance amount and revision petitioner failed to pay areas of maintenance. 6. Taking note of these aspects of the matter and also taking note of the fact that respondent/wife is receiving the maintenance in Crl.Misc.No.152/2016 to the tune of Rs.5,000/- per month and altering the quantum of interim maintenance ordered by the learned Trial Magistrate in a sum of Rs.4,000/- to Rs.2,000/- per month and directing the arrears to be paid by the revision petitioner within a period of two months from today and then participate in the main matter in Crl.Misc.No.208/2016 would meet the ends of justice. 7. Accordingly, the following: ORDER i. Revision petition is allowed in part. ii. Interim order of maintenance in a sum of Rs.4,000/- ordered by the learned Trial - 5 - NC: 2025:KHC-D:6219 CRL.RP No. 100289 of 2017 Magistrate confirmed by the First Appellate Court is modified to sum of Rs.2,000/- per month. iii. It is made clear that entire arrears of maintenance calculates at the rate of Rs.2,000/- per month from the date of petition till the date is to be paid by the revision petitioner on or before 30.06.2025 for further participation in Crl.Misc.No.208/2016. iv. All the contentions are kept open to be urged in the main matter in pending Crl.Misc.208/2016 including the validity of the marriage. SD/- (V.SRISHANANDA) JUDGE KAV CT:PA List No.: 2 Sl No.: 27