- 1 - HC-KAR NC: 2025:KHC:40930 CRL.P No. 7342 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 7342 OF 2024 BETWEEN: ANJUM AFSANA W/O A.L. ZUBEAR UR RAHAMAN, D/O MUZAM ALI TAILOR, AGED ABOUT 31 YEARS, R/AT 16TH CROSS, NEAR MASJID E-MUHAJREEN, RANGAPURA ROAD, GANDHINAGAR, TIPTUR TOWN, TUMAKURU DISTRICT PIN-572 201. …PETITIONER (BY SRI. MALLE GOWDA H.P., ADVOCATE) AND: A.L. ZUBEAR UR RAHAMAN S/O AJAZ AHMED, AGED ABOUT 36 YEARS, R/AT LG 6-22ND MAIN, 2ND CROSS, K.H.B. COLONY, TIPTUR TOWN, TUMAKURU DISTRICT PIN-572 201. …RESPONDENT (BY SRI. MOHAMED UMMAR FAROOQ, ADVOCATE) THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO SET ASIDE THE ORDER OF APPELLATE COURT DATED 29.12.2023 IN CRL. APPEAL NO.10029/2023 PASSED BY 5TH ADDITIONAL DISTRICT AND SESSIONS JUDGE, AT TUMAKURU (SITTING AT TIPTUR) AT ANNEXURE-A. Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:40930 CRL.P No. 7342 of 2024 THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER Order dated 29.12.2023 passed by the learned Sessions Judge in Crl.A No.10029/2023 is assailed in this petition. 2. The petitioner herein filed a petition under the provisions of the Protection of Women from Domestic Violence Act, 2005 (‘Act’ for short) before the Court of Civil Judge (Sr. Dn) and JMFC at Tiptur in Crl.Misc (DVA) No.81/2021. The exparte order dated 16.09.2021 passed in the said case, directing the respondent herein to pay interim maintenance of Rs.10,000/- per month to the minor son was challenged by him before the Sessions Court. The learned Sessions Judge vide impugned order dated 29.12.2023 set aside the said exparte order and remanded the matter to the trial Court for fresh disposal after giving an opportunity to contest the claim seeking - 3 - HC-KAR NC: 2025:KHC:40930 CRL.P No. 7342 of 2024 interim maintenance and thereto pass the order in accordance with law. 3. Considering that the order under appeal was an exparte order and no notice was issued before passing the order, further, minor son was not a party and no opportunity was provided to the petitioner herein to contest the case, the learned Sessions judge has remanded the matter to the trial Court for fresh disposal. There is no error in the impugned judgment. 4. This petition was filed on 08.07.2024. There is no order of stay passed. Now the case is pending adjudication before the trial Court. Hence, keeping open all the contention of both the parties to be raised before the trial Court, petition is disposed of. Sd/- (MOHAMMAD NAWAZ) JUDGE HB List No.: 1 Sl No.: 29