- 1 - HC-KAR NC: 2025:KHC:29709 CRL.P No. 10669 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM CRIMINAL PETITION NO. 10669 OF 2025 BETWEEN: 1. HARASHARAJ .H.B S/O BASAVARAJ AGED ABOUT 45 YEARS RESIDING AT NO. 19 1ST CROSS, LAKSHMIPURA LAYOUT OPP VANITAKIES, TRANSFORMER ROAD KANAKAPURA ROAD, RAMANAGARA PIN CODE-560019. …PETITIONER (BY SRI. RAJU .C.N, ADVOCATE) AND: 1. PROMADALAKSHMI .M.V W/O HARSHARAJ .H.B AGED ABOUT 38 YEARS NO. 3494, SRINIVASA TEMPLE ROAD MANDI MOHALLA, THILAK NAGAR MYSORE-PIN CODE NO. 560029. …RESPONDENT THIS CRL.P IS FILED U/S.482 (FILED U/S.528 BNSS) CR.P.C PRAYING TO SET ASIDE THE ORDER DATED 08.04.2025 PASSED BY THE PRINCIPAL CIVIL JUDGE AND JMFC AT MYSORE IN CRL.MISC.NO.1908/2024 AGAINST THE PETITIONER, PETITION FILED UNDER SECTION 12, 17, 18, 19, 20, 22 AND 23(2) OF THE PROTECTION WOMEN FROM DOMESTIC VIOLENCE ACT BY ALLOWING THIS PETITION. Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:29709 CRL.P No. 10669 of 2025 THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER Petitioner/husband has challenged the interim maintenance granted by the Court below under the provisions of the Protection of Women from Domestic Violence Act. 2. The petitioner’s primary grievance is that an order awarding interim maintenance of Rs.10,000/- per month has been passed in gross violation of the principles of natural justice. Learned counsel for the petitioner, drawing the attention of this Court to the materials on record, would contend that the petitioner’s wife is running a company, is gainfully employed, and is financially independent, and therefore, is not entitled to claim maintenance. It is submitted that, without affording the petitioner an opportunity to place on record relevant documents to substantiate these facts, the Court below has proceeded to pass the impugned order. On these grounds, the petitioner seeks a stay of the operation of the interim maintenance order. - 3 - HC-KAR NC: 2025:KHC:29709 CRL.P No. 10669 of 2025 3. On perusal of the records, it is evident that the order granting interim maintenance has been passed ex parte, without the petitioner’s participation. In such circumstances, this Court is not inclined to interfere with the order . Since the parties are residents of Mysuru, and the interim maintenance of *Rs.10,000/- has been granted without hearing the petitioner, the proper course of action available to the petitioner is to approach the Court below seeking modification or vacation of the order by producing all relevant documentary evidence to establish that the wife is gainfully employed and capable of maintaining herself. 4. In view of the above, while reserving liberty to the petitioner to file an appropriate application before the jurisdictional Court for modification or setting aside of the exparte interim maintenance order by placing on record all material documents in his support, the *criminal petition stands disposed of. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE ALB, List No.: 2 Sl No.: 27 * Corrected vide chamber order dated 20.08.2025