- 1 - HC-KAR NC: 2025:KHC:34636 CRL.P No. 10723 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM CRIMINAL PETITION NO.10723 OF 2025 BETWEEN: 1. SRI. VENKATESHAPPA S/O VENKATASWAMY AGED ABOUT 65 YEARS R/O VEERASABDRA ELECTRONIC CITY POST ATTIBELE HOBLI ANEKAL TALUK-560100. …PETITIONER (BY SRI. RUDRAPPA .P, ADVOCATE) AND: 1. SMT. VIJAYAMMA S/O VENKATESHAPPA AGED ABOUT 63 YEARS R/O VEERASABDRA, ELECTRONIC CITY POST ATTIBELE HOBLI, ANEKAL TALUK-560100. …RESPONDENT THIS CRL.P FILED U/S 482 CR.PC (FILED U/S 528 BNNS) PRAYING TO QUASH THE ORDER DATED 20.02.2025 IN CRL.RP.NO.5001/2025 ON THE FILE OF THE III ADDL.DISTRICT AND SESSIONS JUDGE AND ETC. THIS PETITION, COMING ON FOR 'BEING SPOKEN TO', THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:34636 CRL.P No. 10723 of 2025 ORAL ORDER Heard learned counsel for the petitioner. 2. The present petition is filed assailing the order dated 20.02.2025 passed by the Revisional Court, whereby the Revisional Court, while staying the operation of the ex parte order of interim maintenance granted at the rate of Rs.12,000/- per month, has modified the same and directed the petitioner to pay interim maintenance at the rate of Rs.5,000/- per month. It is this modified order of the Revisional Court which is under challenge in the present proceedings. 3. The records reveal that the respondent had instituted a petition under Section 12 of the Protection of Women from Domestic Violence Act, 2005, seeking various reliefs including interim monetary relief. The learned Magistrate, upon considering the material placed before him, had granted ex parte interim maintenance at the rate of Rs.12,000/- per month in favour of the respondent. The grievance of the petitioner before this Court is that the Page No.2 is re-typed and re-placed vide Chamber Order dated 14.10.2025 - 3 - HC-KAR NC: 2025:KHC:34636 CRL.P No. 10723 of 2025 respondent is not his legally wedded wife and, therefore, he is under no legal obligation to pay any maintenance to her. 4. On perusal of the records, particularly the order sheet of the Trial Court, it is seen that the learned Magistrate had only passed an ex parte order of interim maintenance and that the main application seeking interim maintenance remains pending for final adjudication. Instead of availing the opportunity to contest the said application before the learned Magistrate by filing objections and participating in the hearing, the petitioner chose to prefer a revision petition. The Revisional Court, while entertaining the said revision, has partly stayed the order of interim maintenance and reduced the quantum from Rs.12,000/- to Rs.5,000/- per month. 5. Having examined the matter in its entirety, this Court is of the considered view that the petitioner, rather than invoking the revisional jurisdiction, ought to have contested the application for interim maintenance before Page No.3 is re-typed and re-placed vide Chamber Order dated 14.10.2025 - 4 - HC-KAR NC: 2025:KHC:34636 CRL.P No. 10723 of 2025 the Trial Court itself. Since the petitioner has now filed his detailed objections in the proceedings pending before the learned Magistrate under Section 12 of the Act, it would be just and proper to permit him to seek an early hearing and disposal of the application for interim maintenance, subject to his withdrawal of the revision petition filed before the Revisional Court. 6. Accordingly, it is observed that in the event the petitioner withdraws the pending revision petition, he shall be entitled to press for hearing and disposal of the interim maintenance application on merits before the learned Magistrate. Once such withdrawal is effected, the learned Magistrate shall proceed to consider the rival contentions of both parties and pass appropriate orders on the application for interim maintenance in accordance with law and on its own merits. With the aforesaid observations and directions, the petition stands disposed of. Page No.4 is re-typed and re-placed vide Chamber Order dated 14.10.2025 - 5 - HC-KAR NC: 2025:KHC:34636 CRL.P No. 10723 of 2025 The Registry is directed to forthwith return Annexure–G to the petitioner after retaining a photocopy of the same for record purposes. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE NBM List No.: 1 Sl No.: 1 Page No.5 is re-typed and re-placed vide Chamber Order dated 14.10.2025