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2025 DAILYLAW 48203 (KAR)

N RAVI TEJA S/O N LINGANNA v. SMT TRIVENI ALIAS K TRIVENI W/O N RAVI TEJA D/O MALLESH

CRL.P/103850/2022 · 2025-03-25

Shivashankar Amarannavar

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Judgment text

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- 1 - NC: 2025:KHC-D:5520 CRL.P No. 103850 of 2022 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 25TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 103850 OF 2022 BETWEEN: N. RAVI TEJA S/O. N. LINGANNA, AGE: 34 YEARS, OCC: WORKING IN KRANTHI ELECTRICALS AS EMPLOYEE, R/O: D.NO. 18/16/B, KUMMARI STREET, PATTIKONDA, KURNOOL DISTRICT, ANDRA PRADESH – 518 124. …PETITIONER (BY SRI. MANJUNATHA G. PATIL, ADVOCATE) AND: SMT. TRIVENI @ K. TRIVENI W/O. N. RAVI TEJA D/O. MALLESH, AGED ABOUT 32 YEARS, HOUSE WIFE, R/O: 1ST CROSS, RAJYOTHAVA NAGAR, BALLARI – 583 101. …RESPONDENT (BY SRI. GANAPATI M. BHAT, ADVOCATE) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C., SEEKING TO QUASHING THE ORDERS PASSED BY THE PRINCIPAL FAMILY COURT AT BALLARI IN CRL.M.C. NO. 147/2022 AND DIRECTED TO PAY THE INTERIM MAINTENANCE OF RS. 15,000/- PER MONTH FROM THE DATE OF PETITION TO THE RESPONDENT HEREIN, DATED 28.04.2022 i.e. ANNEXURE-F ON THE FILE OF PRINCIPAL FAMILY COURT AT BALLARI, SO FOR AS PETITIONER IS CONCERNED IN THE ABOVE CASE, IN THE INTEREST OF JUSTICE. THIS CRIMINAL PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - NC: 2025:KHC-D:5520 CRL.P No. 103850 of 2022 ORAL ORDER This petition is filed by the husband under Section 482 of Cr.P.C praying to quash the order dated 28.04.2022 passed on I.A No.2 in Crl.Misc.No.147/2022 by the Principal Judge Family Court, Ballari. 2. The petitioner is the husband and the respondent is his wife. The respondent has filed the Crl.Misc.No.147/2022 under Section 125 Cr.P.C before the Principal Judge Family Court, Ballari against the petitioner-husband seeking maintenance of ₹50,000/- for herself and ₹20,000/- towards their minor son- Dhyaneshwar. Along with the petition, the petitioner has filed IA No.2 under Section 125(1) of Cr.P.C seeking interim maintenance of ₹30,000/-. The learned Principal Judge Family Court has passed the impugned order dated 28.04.2022 granting interim maintenance of Rs.15,000/- per month. The said order has been questioned in the present petition. - 3 - NC: 2025:KHC-D:5520 CRL.P No. 103850 of 2022 3. Learned counsel for the petitioner would contend that the interim maintenance awarded is on higher side. Learned counsel for the respondent submits that interim maintenance awarded is proper and correct. 4. Even though the interim maintenance is awarded while considering IA No.2 filed under Section 125(1) of Cr.P.C, learned Principal Judge Family Court, Ballari has issued notice on IA No.2 and petition to the petitioner. The petitioner who appeared in the said case has filed his statement of objections to the main petition and has not filed objections to IA No.2. Till today, the said IA No.2 filed under Section 125(1) Cr.P.C is pending. The award of interim maintenance in sum of Rs.15,000/- per month is passed exparte i.e. prior to the issuance of notice to respondent and is subject to the order to be passed on IA No.2. 5. Learned counsel for the petitioner would submit that this Court by order dated 02.12.2022 has stayed the impugned order subject to deposit 50% of the - 4 - NC: 2025:KHC-D:5520 CRL.P No. 103850 of 2022 maintenance and the petitioner has complied the said interim order and till this day he has deposited maintenance at the rate of 50% of interim order of maintenance of Rs.15,000/- per month. The petitioner can put forth his contentions by filing objections to IA No.2 before the Principal Judge Family Court, Ballari. Till disposal of said IA No.2 pending before the Principal Judge Family Court, Ballari, the petitioner should go on paying interim maintenance in sum of Rs.7,500/- per month. 6. With above observations, the petition is disposed of. The learned Principal Judge Family Court Ballary is directed to dispose of IA No.2 at earliest. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE PJ,DSP/CT-ASC List No.: 1 Sl No.: 39