Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:29333 CRL.P No. 5196 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 5196 OF 2025 BETWEEN:
SRI. SRINIVASA N, S/O LATE NAGARAJA, AGED ABOUT 34 YEARS, R/AT VALAGEREPURA VILLAGE, MUGABALA POST, HOSKOTE TALUK, BANGALURU RURAL DISTRICT- 562114, MOB: 9972734946 …PETITIONER (BY SRI. JAGADEESHA S R, ADVOCATE) AND:
1.
SMT. KOMALA R, W/O SRINIVASA .N, D/O SRI. RAMAKRISHNAPPA, AGED ABOUT 29 YEARS.
2.
SATHVIK GOWDA.V.S, S/O SRINIVASA.N, AGED ABOUT 06 YEARS, MINOR, REPRESENTED BY 1ST PETITIONER.
BOTH R/AT NO.97, 3RD STAGE, MADURA NAGAR, CHIKKANEKUNDI LAYOUT,
Digitally signed by SANJEEVINI J KARISHETTY Location: High Court of Karnataka
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HC-KAR NC: 2026:KHC:29333 CRL.P No. 5196 of 2025
SARJAPURA HOBLI, ANEKAL TALUK, BANGALURU RURAL DISTRICT-560087.
MOB: 7019704886. …RESPONDENTS (BY SRI. MANJUNATHA G, ADVOCATE FOR R-1)
THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) TO SET ASIDE IMPUGNED ORDER DATED 31.08.2024 PASSED BY THE HON'BLE PRINCIPAL CIVIL JUDGE AND JMFC, ANEKAL IN CRL.MISC.NO.1248/2024.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA
ORAL ORDER
The petitioner is before the Court calling in question an
order dated 31.08.2024 by which the concerned Court grants interim maintenance of ₹ 4,000/- each to the wife and the child. After about seven months of grant of the said order, the husband files a petition before this Court and the Coordinate Bench has granted interim order of stay.
2. Heard Sri.Jagadeesha S.R,
learned counsel appearing for the petitioner, Sri.Manjunatha G, learned counsel
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HC-KAR NC: 2026:KHC:29333 CRL.P No. 5196 of 2025
appearing for respondent No.1 and have perused the amterial on record.
3.
Learned counsel for respondent No.1 submits that despite the order being passed on 31.08.2024 till the date of filing the petition, not even a single rupee had been paid. In the light of the stay, obviously no further maintenance is paid.
4.
Learned counsel for the petitioner submits that the husband be heard in the matter and then the amount be granted, while the concerned Court is empowered to pass ex parte interim orders which would be subject to modification on an appropriate application being filed by the husband- petitioner. The husband has rushed to this Court on a meager sum of ₹ 4,000/- each to be paid to the wife and the child on the score that he is not in a position to pay even that amount or he should be heard prior to the grant of the said order. There is no warrant of interference looking at the conduct of the petitioner that he has not paid a rupee of maintenance for over seven months prior to approaching this Court and has approached this Court for that meager sum.
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HC-KAR NC: 2026:KHC:29333 CRL.P No. 5196 of 2025
5. Reserving liberty to the petitioner to approach the concerned Court to seek modification or appropriate orders, the petition stands disposed.
6. If such an application for modification is filed, the concerned Court shall consider the same and pass necessary orders in accordance with law, not being influenced by the disposal of the subject petition at the hands of this Court.
Sd/- (M.NAGAPRASANNA) JUDGE
CBC List No.: 2 Sl No.: 81