- 1 - HC-KAR NC: 2026:KHC:8243 CRL.RP No. 1640 of 2025 C/W CRL.RP No. 1623 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL REVISION PETITION NO. 1640 OF 2025 C/W CRIMINAL REVISION PETITION NO. 1623 OF 2023 IN CRL.RP No. 1640/2025: BETWEEN: MR. SUNEEL KAMATH S/O LATE MR. BHASKAR KAMANTH AGED ABOUT 53 YEARS RESIDING AT NO.2, 6TH MAIN J C NAGAR, BENGALURU - 560 086. …PETITIONER (BY SRI BRIJESH KALAPPA PALACHANDRA, ADV.) AND: 1. MRS. RADHIKA KAMATH W/O MR SUNEEL KAMATH D/O MR. DAMODAR SHENOY AGED ABOUT 49 YEARS. 2. MR. SUHAS KAMATH S/O MR SUNEEL KAMATH AGED ABOUT 18 YEARS. 3. MASTER. TEJAS KAMATH S/O MR. SUNEEL KAMATH AGED ABOUT 13 YEARS SINCE MINOR REP BY HIS MOTHER AND NATURAL GUARDIAN MRS. RADHIKA KAMATH W/O MR SUNEEL KAMATH AGED ABOUT 49 YEARS. THE RESPONDENTS ARE RESIDENTS OF NO.2-7-12(5) 'MAHALAXMI', SADASHIVA NAGAR Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:8243 CRL.RP No. 1640 of 2025 C/W CRL.RP No. 1623 of 2023 1ST CROSS, SURATHKAL MANGALURU TALUK DAKSHINA KANNADA DISTRICT - 575 014. …RESPONDENTS (BY SRI GANAPATHI BHAT, ADV.) THIS CRL.RP IS FILED U/S. 397 R/W 401 CR.P.C PRAYING TO SET ASIDE THE ORDER DATED 08.07.2025 IN CRL.A NO.342/2024 WHICH UPHELD THE ORDER DATED 08.10.2024 PASSED BY THE LEARNED JMFC (II COURT) MANGALURU IN CRL.MISC NO.42/2022 ON I.A FILED BY THE RESPONDENT U/S 23(2) OF THE PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005. IN CRL.RP NO. 1623/2023: BETWEEN: SUNEEL KAMATH AGED ABOUT 51 YEARS S/O LATE BHASKAR KAMATH R.AT #72-A BANNADI POST & VILLAGE VIA SALIGRAMA BANNADI KOTA, KUNDAPURA - 576 201 REPRESENTED BY HIS GPA HOLDER SMT SEEMA KAMATH D/O LATE BHASKAR KAMATH AGED ABOUT 46 YEARS R/AT #1ST FLOOR NO.2 6TH MAIN J C NAGAR KURUBARA HALLI BANGALORE - 560 086. ...PETITIONER (BY SRI KETHAN KUMAR, ADV.) AND: 1. MRS. RADHIKA KAMATH AGED ABOUT 46 YEARS W/O SUNEEL KAMATH D/O DAMODAR SHENOY R.AT 2-7-12 (5) MAHALAKSHMI 1ST CROSS, SADASHIVA NAGAR SURATHKAL - 575 014. - 3 - HC-KAR NC: 2026:KHC:8243 CRL.RP No. 1640 of 2025 C/W CRL.RP No. 1623 of 2023 2. MASTER SUHAS KAMATH AGED ABOUT 17 YEARS S/O SUNEEL KAMATH R/AT 2-7-12 (5) MAHALAKSHMI 1ST CROSS SADASHIVA NAGAR SURATHKAL - 575 014. 3. MASTER TEJAS KAMATH AGED ABOUT 12 YEARS S/O SUNEEL KAMATH R/AT 2-7-12 (5) MAHALAKSHMI 1ST CROSS SADASHIVA NAGAR SURATHKAL - 575 014. RESPONDENT NO.2 AND 3 ARE MINOR HENCE REPRESENTED BY RESPONDENT NO.1 BEING THEIR MOTHER AND NATURAL GUARDIAN. ...RESPONDENTS (BY SRI GANAPATHI BHAT, ADV., FOR SRI AKSHAY KUMAR JAIN, ADV.) THIS CRL.RP IS FILED U/S 397 R/W 401 CR.PC PRAYING TO SET ASIDE THE JUDGMENT DATED 15.04.2023 IN CRL.A.NO.106/2022 PASSED BY THE II ADDL.DISTRICT AND SESSIONS JUDGE D.K., MANGALURU. THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL COMMON ORDER 1. These two criminal revision petitions arise out of the same proceedings between the same parties and therefore they are heard together and disposed of by this common order with the consent of the learned advocates appearing for the parties. - 4 - HC-KAR NC: 2026:KHC:8243 CRL.RP No. 1640 of 2025 C/W CRL.RP No. 1623 of 2023 2. Heard the learned counsel appearing for the parties. 3. Respondents herein, who are the wife and children of the petitioner, have initiated proceedings against the petitioner / husband before the jurisdictional Court of Magistrate at Mangalore under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (for short 'PWDV Act, 2005') and in the said proceedings, application was filed under Section 23(2) of the PWDV Act, 2005 seeking interim relief of maintenance and residential accommodation. The Trial Court vide order dated 10.06.2022 had partly allowed the said application and had directed the petitioner / husband to pay a sum of ₹.75,000/- per month towards interim maintenance of the respondents herein with an observation that, the said order was subject to modification and alteration as the case may be. Aggrieved by the said order dated 10.06.2022, respondents herein had filed appeal before the jurisdictional Appellate Court as provided under Section 29 of the PWDV Act, 2005 in Criminal Appeal No.106 of 2022. The said appeal was partly allowed by judgment and order dated 15.04.2023 and in addition to the interim maintenance of ₹.75,000/- awarded by - 5 - HC-KAR NC: 2026:KHC:8243 CRL.RP No. 1640 of 2025 C/W CRL.RP No. 1623 of 2023 the Trial Court vide order dated 10.06.2022, the petitioner herein was directed to pay a further sum of ₹.25,000/- towards the rental charges to avail alternate accommodation by the respondents herein. The judgment and order dated 15.04.2023 passed in Criminal Appeal No.106 of 2022 by the Court of II Addl. District & Sessions Judge, D.K, Mangaluru has been questioned by the petitioner before this Court in Criminal Revision Petition No.1623 of 2023. 4. The petitioner had filed an application before the Trial Court in Criminal Misc.No.42 of 2022 seeking modification of the ad-interim order of maintenance passed on 10.06.2022. The Trial court vide order dated 08.10.2024 had partly allowed the application and modified the order dated 10.06.2022 by reduced the interim maintenance amount awarded at ₹.75,000/- per month to ₹.65,000/- per month from 25.12.2023 onwards. Aggrieved by the said order dated 08.10.2024, the petitioner had filed Criminal Appeal No.324 of 2024 before the jurisdictional Appellate Court at Mangalore, which was dismissed by judgment and order dated 08.07.2025. - 6 - HC-KAR NC: 2026:KHC:8243 CRL.RP No. 1640 of 2025 C/W CRL.RP No. 1623 of 2023 Assailing the same, the petitioner / husband is before this Court in Criminal revision petition No.1640 of 2025. 5. Learned counsels appearing for the petitioner / husband in these two criminal revision petitions submit that, petitioner, who was earlier employed as a software engineer has now lost his job, after his wife had filed multiple cases including criminal cases against him. The courts below have passed the orders impugned without calling for the assets and liability statement of the parties, which is bad in view of the judgment of the Hon'ble Supreme Court in the case of RAJNESH v NEHA & ANOTHER - (2021) 2 SCC 324. They also submit that, respondent / wife is gainfully employed and she is earning ₹.1,00,000/- per month. Accordingly, they pray to allow the petitions. 6. Per Contra, learned counsel for the respondents submits that wife is taking care of the two children born to the couple. The elder son is studying M.Tech and the younger son is studying in 9th Standard. The maintenance amount awarded by the Trial Court has been now reduced to ₹.65,000/- from ₹.75,000/- by the Appellate Court. Considering the cost of - 7 - HC-KAR NC: 2026:KHC:8243 CRL.RP No. 1640 of 2025 C/W CRL.RP No. 1623 of 2023 living, prevailing educational and medical expenses, the amount of interim maintenance awarded and the amount awarded towards rental charges is on the lower side which does not call for any interference. There is no material to show that, respondent wife is earning as contented on behalf of the petitioner. Therefore, the order impugned does not call for interference. He submits that, trial in the case has already commenced and the case is at the stage of recording evidence of the parties. Accordingly, he prays to dismiss the petitions. 7. In the proceedings that was initiated by the respondents in Crl.Misc.No.42 of 2022, application was filed on behalf of the respondents herein under Section 23(2) of the PWDV Act, 2005 with prayers to grant ex-parte ad-interim order, restraining the petitioner herein from committing any kind of domestic violence and the respondents had also sought for monthly maintenance of ₹.1,50,000/- per month and a sum of ₹.25,000/- as rental charges for an alternative suitable accommodation. 8. The relationship between the parties is not in dispute and it is also not in dispute that two children born to - 8 - HC-KAR NC: 2026:KHC:8243 CRL.RP No. 1640 of 2025 C/W CRL.RP No. 1623 of 2023 the couple are now in the custody of the respondent no.1 wife. The petitioner herein, who is a Software Engineer was employed in a private company in Malaysia and was allegedly drawing a monthly salary of ₹.7,50,000/- per month. Considering the then monthly income of the petitioner, the educational expenses of respondent no.2 and respondent no. 3 herein and the living cost, the Trial Court had passed an ad- interim order directing the petitioner to pay monthly interim maintenance of ₹.75,000/-. Though a prayer was made in the interim application filed by the respondents herein claiming rental charges of ₹.25,000/- per month for setting up a suitable alternative accommodation, the Trial Court while granting interim maintenance of ₹.75,000/- had not considered the said prayer of the respondent herein to grant rental charges. It is under the circumstances, in the appeal which was filed by the respondents in Criminal Appeal No.106 of 2022, the petitioner herein was directed to pay a sum of ₹.25,000/- towards rental charges in addition to the aforesaid amount of ₹.75,000/- which was awarded by the Trial Court in Criminal Misc.No.42 of 2022 by order dated 10.06.2022. The said order passed in Criminal Appeal No.106 of 2022 is challenged by the petitioner - 9 - HC-KAR NC: 2026:KHC:8243 CRL.RP No. 1640 of 2025 C/W CRL.RP No. 1623 of 2023 / husband before this Court in Criminal Revision Petition No.1623 of 2023. 9. I.A.No.3 of 2025 was filed in Criminal Revision petition No.1623 of 2023 with a prayer to stay the impugned judgment and order passed in Criminal Appeal No.106 of 2022. In paragraph nos.3 and 4 of the affidavit, which was filed in support of the prayer made in I.A.No.3 of 2025, it is averred as follows:- "3. I state that, the Trial Court at the time of passing the interim order dated 10.06.2022 has directed the petitioner herein to pay a sum of Rs. 75,000/- per month. The said amount is substantial, and it is enough to meet the monthly expenses of the Respondents who are living in Suratkal, a small suburb. The respondent can easily rent a house/apartment from the said maintenance amount i.e., Rs.75,000/-. The Trial Court has awarded the said maintenance barely on the Respondent No.1 is a B.E. graduate (Electronic and Communications), an experienced Software Engineer, and a reputed International IGCSE tutor. She owns a tuition center for international students and earns around Rs.1.5 lakhs/month. Respondent No.2 is B.Tech. Graduate (Computer Systems and Networking) and working as a Freelance Web Content Writer. - 10 - HC-KAR NC: 2026:KHC:8243 CRL.RP No. 1640 of 2025 C/W CRL.RP No. 1623 of 2023 4. I state that, the Appellate Court has passed impugned order and directed the petitioner herein to pay Rs.25,000/- towards the rent to avail accommodation on the premise that the Petitioner herein has not filed an assets and liability affidavit declaring his Assets and liabilities in compliance of the Direction given by the Hon'ble Supreme Court in the case of Rajneesh V/s Neha. The Appellate Court has drawn an inference that the Petitioner has income as stated by Respondent No.1 in her Appeal/Application. The Petitioner herein could not file his Assets and Liability Affidavit as he was unable to come down to India from Malaysia due to his work schedule. The Appellate Court should have given him sufficient opportunity to file his assets and liability Affidavit before enhancing the maintenance amount directed by the trial court." 10. Considering the same, the Coordinate Bench of this Court on 22.02.2024 has stayed the judgment and order dated 15.04.2023 passed in Criminal Appeal No.106 of 2022 by the Court of II Addl. District & Sessions Judge, D.K, Mangaluru subject to condition that petitioner deposits a sum of ₹.8,00,000/-, allegedly which he was due towards interim maintenance to be paid to the respondents herein. Undisputedly the said amount has been paid by the petitioner to the respondents. While passing the interim order on - 11 - HC-KAR NC: 2026:KHC:8243 CRL.RP No. 1640 of 2025 C/W CRL.RP No. 1623 of 2023 22.02.2024, this Court has also taken note of the fact that an application filed seeking modification of the order dated 10.06.2022 passed in Crl.Misc.No.42 of 2022 was pending consideration. The said application was subsequently partly allowed by the Trial Court and the interim maintenance of ₹.75,000/- awarded initially was reduced to ₹.65,000/- per month from 25.12.2023 onwards. Therefore, in effect petitioner is liable to pay monthly maintenance to the respondent at the rate of ₹.65,000/- per month. 11. This Court in Crl.R.P.No.1623 of 2023 has stayed the order dated 15.04.2023 passed in Crl.A.No.106 of 2022 by the Court of II Addl. District & Sessions Judge, D.K, Mangaluru, wherein a sum of ₹.25,000/- was granted as rental charges to the respondents in addition to the amount of ₹.75,000/- awarded by the Trial Court by the order dated 10.06.2022 towards interim maintenance, taking into consideration the averments found in the affidavit, which was filed in support of the prayer made in I.ANo.3 of 2025 with a prayer to stay the order dated 15.04.2023 passed in Crl.A.No.106 of 2022 wherein the petitioner herein has stated that the amount of - 12 - HC-KAR NC: 2026:KHC:8243 CRL.RP No. 1640 of 2025 C/W CRL.RP No. 1623 of 2023 ₹.75,000/- awarded as interim maintenance is sufficient for the maintenance of the respondents and also to rent a house or apartment at Surathkal in D.K. District. Under the circumstances, in addition to the interim maintenance of ₹.65,000/- which is now required to be paid by the petitioner towards interim maintenance of the respondents, as per the order passed by the, Appellate Court in Criminal Appeal No.324 of 2024 dated 08.07.2025, if a sum of ₹.10,000/- is also directed to be paid towards rental charges, till the main matter is heard and disposed of before the Trial Court, the same would serve the ends of justice. 12. Accordingly, the following ORDER i. Criminal Revision Petition No.1640 of 2025 is dismissed and Criminal Revision Petition No.1623 of 2023 is partly allowed. ii. The petitioner / husband shall pay an amount of ₹.10,000/- per month to the respondents herein towards rental charges for their accommodation in addition to the amount of ₹.65,000/-, which is required to be paid to the respondents towards their interim maintenance. - 13 - HC-KAR NC: 2026:KHC:8243 CRL.RP No. 1640 of 2025 C/W CRL.RP No. 1623 of 2023 iii. The parties are at liberty to file their assets and liability statement before the Trial Court which shall be considered by the Trial Court along with the other oral and documentary evidence that may be placed on record by the parties during the course of the trial. iv. Since the petition is filed in the year 2022, the Trial Court shall make endeavours to dispose of the case, which is now at the stage of recording evidence of the parties as expeditiously as possible, but not later than a period of four months from the date of receipt of certified copy of this order. v. It is made clear that Trial Court shall consider the main case on merits without being influenced by any observations made by this Court while disposing of these two revision petitions or by the observations made by the Appellate Courts which have disposed of the criminal appeals, referred to above. Sd/- (S VISHWAJITH SHETTY) JUDGE NMS List No.: 1 Sl No.: 18