- 1 - HC-KAR NC: 2025:KHC:39893 CRL.RP No. 449 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE RAVI V HOSMANI CRIMINAL REVISION PETITION NO. 449 OF 2023 BETWEEN: SURESH S/O LATE ANANDA KARKERA, AGED ABOUT 52 YEARS, R/AT SILVAVILLA H NO. N 33-3021/5, 1ST FLOOR, NEAR ASHOK NAGAR PRIMARY SCHOOL, ASHOK NAGAR POST, BOLARA VILLAGE, URWA, MANGALURU - 575 006 …PETITIONER (BY SRI. ANANDARAMA K, ADVOCATE) AND: 1. VISHALAKSHI W/O SURESH AGED ABOUT 35 YEARS 2. LAVEESH S S/O SURESH AGED ABOUT 10 YEARS BOTH ARE RESIDING AT 'SHIVANUGRAHA NILAYA' SARIPALLA HOUSE, PEDAMALE POST, NEERUMARGA VILLAGE, Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:39893 CRL.RP No. 449 of 2023 MANGALURU TALUK - 575 029 …RESPONDENTS (BY SRI. RAKESH KINI, ADVOCATE FOR R1; R2 - MINOR) THIS CRL.RP IS FILED U/S. 397 R/W 401 OF CR.P.C PRAYING TO SET ASIDE THE JUDGMENT DATED 08.02.2023 (ANNEXURE A) PASSED BY THE COURT OF III ADDITIONAL DISTRICT AND SESSIONS JUDGE, D.K. MANGALURU IN CRL.APPEAL NO.21/2022 AND ORDER DATED 20.01.2022 (ANNEXURE B) PASSED BY THE COURT OF JMFC (III COURT), MANGALURU D.K. IN CRL.MISC. CASE.NO.02/2016. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI ORAL ORDER Challenging order dated 08.02.2023 passed by III Additional District and Sessions Judge, D.K. Mangaluru in Crl.A.no.21/2022 and order dated 20.01.2022 passed by JMFC (III COURT), Mangaluru D.K. in Crl.Misc. Case.no.02/2016, this Revision Petition is filed. 2. Learned counsel for petitioner has filed a Memo producing copies of Memorandum of Settlement dated 08.04.2024, decree of divorce dated 16.04.2024 in M.C.no.9/2024 and ordersheet in said proceedings wherein said - 3 - HC-KAR NC: 2025:KHC:39893 CRL.RP No. 449 of 2023 agreement between parties about settlement of permanent alimony in favour of respondent no.1 and monthly maintenance in respect of respondent no.2 is recorded. 3. Learned counsel for petitioner submitted petitioner has complied with terms of settlement and paid Rs.10,00,000/- towards permanent alimony. Apart from above, petitioner has paid litigation expenses of Rs.10,000/- and 50% of compensation amount and would not seek for adjustment of said amounts. It is further submitted that in terms of interim order granted in this petition petitioner has been consistently paying maintenance to respondent no.2 at rate of Rs.6,000/- per month and would not seek for accounting of excess payment insofar as respondent no.2 also and undertakes to pay maintenance to respondent no.2 as per settlement. 4. In view of settlement, learned counsel seeks for allowing Revision Petition by setting aside directions restraining petitioner from alienating immovable properties. 5. Learned counsel for respondent while not disputing contents of documents filed along with Memo would seek for passing of appropriate order. - 4 - HC-KAR NC: 2025:KHC:39893 CRL.RP No. 449 of 2023 6. Heard learned counsel on both sides and perused material available on record. 7. It is seen that Trial Court, on an application filed for maintenance under provision of Protection of Women from Domestic Violence Act, 2005 had ordered for payment of monthly maintenance of Rs.4,000/- each to respondents i.e., wife and son respectively. 8. In view of settlement for permanent alimony insofar as respondent no.1-wife and payment of same in lieu of monthly maintenance, Revision Petition would require to be allowed. 9. Insofar as respondent no.2 - son, since petitioner has agreed to pay maintenance at rate of Rs.5,000/- per month, which is more than amount ordered by Trial Court, Revision Petition would require to be dismissed. Hence, following- ORDER i. This Revision Petition is allowed in part; direction to pay monthly maintenance to respondent no.1 - 5 - HC-KAR NC: 2025:KHC:39893 CRL.RP No. 449 of 2023 as well as restraint on alienation of immovable properties are set aside. Revision Petition is dismissed insofar as direction to pay maintenance to respondent no.2 is concerned. Petitioner shall continue to pay monthly maintenance to respondent no.2, as agreed, at rate of Rs.5,000/-. ii. Direction to pay litigation expenses and compensation is modified to amount already paid by petitioner. Sd/- (RAVI V HOSMANI) JUDGE HNM List No.: 1 Sl No.: 24