- 1 - NC: 2025:KHC-D:4633 CRL.P No. 103102 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 11TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO.103102 OF 2024 BETWEEN: 1. SMT. PREMA W/O. SANTHOSH KAMMAR, AGE: 37 YEARS, OCC: HOUSEHOLD, R/O: BANKAPUR, (SHAHA BAZAR ONI), TQ: SHIGGAON, DIST: HAVERI – 581205. 2. DARSHAN S/O. SANTHOSH KAMMAR, AGE: 12 YEARS OCC: STUDENT, R/O: BANKAPUR, (SHAHA BAZAR ONI), TQ: SHIGGAON, DIST: HAVERI – 581205. PETITIONER NO.2 IS THE MINOR R/BY HER MOTHER GUARDIAN PETITIONER NO.1. …PETITIONERS (BY SRI SANTOSH NARGUND, ADVOCATE) AND: SHRI SANTHOSH S/O. LACHHAPPA KAMMAR, AGE: 46 YEARS, OCC: PRIVATE WORK, R/O: NEAR CHANDRAKAL TALKIES, A. P. IJARE, NEAR MOORUSAVIRAMATH, TQ: HUBBALLI, DIST: DHARWAD – 580020. …RESPONDENT (BY SMT. ANUSHA V. SANGAMI, ADVOCATE) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C., 1973 (528 OF BNSS), PRAYING TO SET ASIDE THE ORDER IN CRL.RP NO. 11/2024 DATED 14.06.2024 ON THE FILE OF ADDITIONAL DISTRICT AND SESSIONS JUDGE, FTSC-I, HAVERI, AND CONFIRM THE ORDER IN CRL.MISC.NO.70/2022, PASSED BY THE CIVIL JUDGE AND JMFC, AT SHIGGAON, DATED 18.01.2024, IN THE INTEREST OF JUSTICE. THIS CRIMINAL PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - NC: 2025:KHC-D:4633 CRL.P No. 103102 of 2024 CORAM: THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER This petition is filed by wife and son who were petitioners before the trial Court, praying to set aside the order dated 14.06.2024 passed in Crl.R.P.No.11/2024 by Additional District and Sessions Judge, FTSC-I, Haveri. 2. The petitioners filed a petition under Section 125 of Cr.P.C against the respondent claiming maintenance. The petitioner No.1 is wife and petitioner No.2 is son of respondent. In the said petition filed under Section 125 of Cr.P.C., pending in Crl.Misc.70/2022, the petitioners filed I.A.No.1 under Section 125(1) of Cr.P.C seeking interim maintenance. 3. After hearing both the parties, the said I.A.No.1 has been allowed in part and interim maintenance of Rs.3,000/- each has been granted to the petitioner Nos.1 and 2. The said order has been challenged by the respondent-husband in Crl.R.P.No.11/2024. After hearing - 3 - NC: 2025:KHC-D:4633 CRL.P No. 103102 of 2024 the parties, the Revisional Court has allowed the petition and set aside the order of granting interim maintenance. In the said order, the Revisional Court has observed in paragraph Nos.18 and 19 as under: “18. Infact, in the matter of Rajnesh Vs. Neha reported in (2021) 2 SCC 32, the Hon’ble Supreme Court of India verdicted that parties must declare their assets etc by filing an affidavit stating the above factors in a case in which the maintenance is the matter. 19. In this case, the impugned order discloses that the Trial Court not discussed the above said factors while granting interim maintenance to the respondents. Neither petitioner nor respondents filed their affidavits narrating and disclosing the above said facts/factors. Therefore, apparently the impugned order suffers from infirmities. Hence the same required to be revised. Thus, this court feels that, petitioner made out the grounds to interfere with the impugned order. Accordingly, my answer to Point No.1 is in the Affirmative.” - 4 - NC: 2025:KHC-D:4633 CRL.P No. 103102 of 2024 4. The Revision Court while passing the impugned order has observed that neither petitioners nor respondent filed their affidavits narrating and disclosing the factors which are required to be considered for determining the quantum of interim maintenance as held in the case of Bharat Hegde V/s Saroj Hegde reported in 2007 SCC Online Delhi, and as held by the Hon’ble Apex Court in the case of Rajnesh V/s Neha reported in (2021) 2 SCC 32. 5. Learned counsel for petitioners submit that the petitioner intends to file fresh application seeking interim maintenance providing all necessary information/materials which requires for considering prayer for grant of interim maintenance. Reserving liberty to the petitioners for filing fresh application seeking interim maintenance, the present petition is disposed off. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE RKM/CT-ASC List No.: 1 Sl No.: 38