- 1 - HC-KAR NC: 2025:KHC:26138 WP No. 10854 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JULY, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 10854 OF 2024 (GM-FC) BETWEEN: 1. SMT. RACHANA S W/O SRI SUCHARIT P AGED ABOUT 28 YEARS, 2. KUMARI CHANNVI SHETTY D/O SRI SUCHARIT P AND RACHANA R S AGED ABOUT 3 YEARS, MINOR REPRESENTED BY MOTHER AND NATURAL GUARDIAN RACHANA K S W/O SUCHARITH P BOTH THE PETITIONER ARE RESIDENTS AT SUDHARSHAN BUILDING, N.R EXTENSION, CHINTAMANI CITY, CHIKKABALLAPURA DIST. …PETITIONERS (BY SMT VACHANA.N.V., ADVOCATE FOR SRI. JAGADEESHA K.G., ADVOCATE) AND: 1. SRI. SUCHARITH P S/O PRASHANTH AGED ABOUT 28 YEARS, R/AT NO.4, 4TH CROSS, BACK HOUSE, SHANKARA MATA ROAD, SHANKARAPURAM, BANGALORE-560004 OFFICE ADDRESS PROPRIETOR, I DON'T BLABBER JANAKI COMPLEX, OPP UMA THEATER BULL TEMPLE ROAD, CHAMARAJAPETE, Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:26138 WP No. 10854 of 2024 BANGALAORE-560004. …RESPONDENT (BY SRI. DHIRAJ A K., ADVOCATE) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE IMPUGNED JUDGMENT DATED (DATE) PASSED BY THE LOWER COURT IN THE MATTER OF CRL.MISC.NO.4459/2022 WHICH AWARDED A NOMINAL MAINTENANCE AMOUNT OF RS.5,000/- PER MONTH EACH TO THE P1 AND P2 WHICH IS IN THE ANNEXURE-H, ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER Aggrieved by the orders passed in Crl.Misc.No.4459/2022 dated 28.02.2024 by the Prl. Civil Judge & JMFC, Chintamani, whereby the court had granted maintenance of an amount of Rs.5,000/-, the wife is before this court seeking enhancement of the maintenance. 2. Learned counsel appearing for the respondent submits that the writ petition is not maintainable as the order is passed by the Magistrate. Infact against the order passed by the Magistrate they have approached the District Court and the same came to the dismissed. Against that a Criminal Petition is filed and the same is pending consideration. - 3 - HC-KAR NC: 2025:KHC:26138 WP No. 10854 of 2024 3. Considering the fact that this order is passed by the Judicial Magistrate First Class, the writ petition is not maintainable before this court. 4. Accordingly, the writ petition is dismissed as withdrawn giving liberty to file an appropriate petition within 10 days from the date of receipt of the copy of the order. 5. All pending I.As., in the writ petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE TS List No.: 1 Sl No.: 41