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2025 DAILYLAW 46446 (KAR)

SIDDIQ PASHA v. SAZIYA MOHAMMADI

CRL.P/2526/2025 · 2025-02-24

S R Krishna Kumar

body2025

Judgment text

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- 1 - NC: 2025:KHC:8408 CRL.P No. 2526 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 2526 OF 2025 (482(Cr.PC) / 528(BNSS) BETWEEN: SIDDIQ PASHA S/O ULFATH PASHA, AGED ABOUT 46 YEARS, R/AT DO.NO. 18/45, 2ND CROSS, V. V. ROAD, MUSLIM BLOCK, K.R.NAGAR TOWN, MYSURU DISTRICT – 577 023. …PETITIONER (BY SRI. RUDRAPPA P, ADVOCATE) AND: 1. SAZIYA MOHAMMADI W/O SIDDIQ PASHA, AGED ABOUT 37 YEARS 2. SOOFIYAN PASHA, S/O SIDDIQ PASHA, AGED ABOUT 13 YEARS, 3. SARFARAZ PASHA AGED ABOUT 9 YEARS, S/O SIDDIQ PASHA, ALL RESPONDENT NO.2 AND 3 ARE MINORS REPRESENTED BY REPONDENT NO.1 AS NATURAL GUARDIAN ALL ARE RESIDING AT NO. 134, NEW MARUTHI BADAVANE, HUNSUR TOWN MYSURU DISTRICT - 571105. …RESPONDENTS Digitally signed by LEELAVATHI S R Location: High Court of Karnataka - 2 - NC: 2025:KHC:8408 CRL.P No. 2526 of 2025 THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO SET ASIDE THE ORDER ON I.A. UNDER SEC.23 OF THE PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT 2005 FOR INTERIM MAINTENANCE IN C.MISC.NO.12/2021 PASSED BY THE PRL.SENIOR CIVIL JUDGE AND J.M.F.C AT HUNSUR DATED 18.01.2023 AND THE ORDER PASSED BY THE VIII ADDL.DISTRICT AND SESSIONS JUDGE MYSURU SITTING AT HUNSUR IN CRL.RP.NO.45/2023 DATED 14.08.2024. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER This petition by the husband in C.Misc.No.12/2021 is directed against the impugned order dated 18.01.2023 passed by the trial court as well as the impugned order dated 14.08.2024 passed by the Revisional court in Crl.R.P.No.45/2023, whereby both the trial court and the Revisional court directed the petitioner to pay interim maintenance in a sum of Rs.6,000/- to the respondents. 2. A perusal of the material on record will indicate that the 1st respondent – wife and her children filed the aforesaid petition against the petitioner in Crl.Misc.No.12/2021 under Section 12 of - 3 - NC: 2025:KHC:8408 CRL.P No. 2526 of 2025 the Protection of Women from Domestic Violence Act, 2005 (for short ‘the D.V.Act’) seeking various reliefs. The petitioner has entered appearance in the said proceedings and filed objections. In addition thereto, the respondents filed an application I.A.1 under Section 23 of the D.V.Act seeking interim maintenance of Rs.40,000/- per month from the petitioner and contested the said application culminated in an order at Annexure-J dated 18.01.2023 partly allowing the application I.A.No.1 filed by the respondents and directed the petitioner to pay a monthly maintenance of Rs.6,000/- per month in favour of the respondents. Aggrieved by the said order, petitioner has approached the Revisional Court which also proceeded to dismiss the revision petition vide the impugned order at Annexure-L dated 14.08.2024. 3. Heard learned counsel for the petitioner and perused the material on record. 4. Upon re-appreciation, re-evaluation and reconsideration of the entire material on record, I am of the considered opinion that there is no illegality or infirmity in the orders passed by both the trial court as well as the Revisional court warranting interference by this - 4 - NC: 2025:KHC:8408 CRL.P No. 2526 of 2025 Court in the present petition and as such, no grounds are made out by the petitioner in the present petition. 5. Accordingly, the petition stands dismissed. Sd/- (S.R.KRISHNA KUMAR) JUDGE Srl.