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2026 DAILYLAW 45090 (KAR)

SRI GIRISH V N v. SMT. SWETHA M

CRL.P/13505/2026 · 2026-09-29

Anant Ramanath Hegde

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010598422026 NC: 2026:KHC:53886 CRL.P No. 13505 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE CRIMINAL PETITION NO. 13505 OF 2026 BETWEEN: SRI GIRISH V N S/O. VENKATE GOWDA, AGED ABOUT 42 YEARS, 5TH MAIN, CHENGAPPA LAYOUT, R/AT NO.45, 2ND CROSS, VRUSHABAVATHI NAGARA, KAMAKSHIPALYA, BENGALURU 560 079. …PETITIONER (BY SRI VASANTHA KUMAR K M.,ADVOCATE) AND: SMT. SWETHA M W/O. GIRISH V.N., AGED ABOUT 32 YEARS, R/AT NO.30, ARALIMANE ROAD, 2ND CROSS, 5TH MAIN, CHENGAPPA LAYOUT, VRUSHABAVATHI NAGARA, KAMAKSHIPALYA, BENGALURU 560 079. AND ALSO AT COMPUTER OPERATOR PLANNING DEPARTMENT, ARANYA BHAVANA MALLESHWARAM BENGALURU - 560003. …RESPONDENT THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNNS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO SET ASIDE THE ORDER DATED 06.06.2026 PASSED BY THE LEARNED LXIII ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH-64), IN CRL.A.NO.642/2023, AND CONSEQUENTLY SET ASIDE THE ORDER DATED 14.03.2023 Digitally Signed by ANANT RAMNATH HEGDE - 2 - HC-KAR CNR: KAHC010598422026 NC: 2026:KHC:53886 CRL.P No. 13505 of 2026 PASSED BY THE LEARNED MMTC-V, BENGALURU, ON I A NO. 1 IN CRL.MISC.NO.38/2020, TO THE EXTENT OF THE QUANTUM OF INTERIM MAINTENANCE AWARDED. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE ORAL ORDER Heard the learned counsel appearing for the petitioner. 2. This petition is filed challenging the concurrent findings in proceedings under the Protection of Women from Domestic Violence Act, 2005. 3. In the said proceeding, the Trial Court granted maintenance of Rs.8,000/- per month in favour of the respondent-wife. It is an admitted fact that the respondent- wife is staying with the 10-year-old child and both of them are staying away from the petitioner-husband. 4. Wife has alleged that the husband is getting salary of Rs.45,000/- per month. The husband contends that his salary is Rs.25,000/- per month. However, the husband has not produced the salary certificate. Digitally Signed by ANANT RAMNATH HEGDE - 3 - HC-KAR CNR: KAHC010598422026 NC: 2026:KHC:53886 CRL.P No. 13505 of 2026 5. It is the contention that the wife is earning Rs.15,000/- per month from her employment. 6. Admittedly, child is with the mother. 7. The Court is of the view that the concurrent orders awarding Rs.8,000/- per month by the Trial Court as interim maintenance and confirmed by the Appellate Court are not the orders which can be interfered in exercise of the jurisdiction under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023. 8. Hence, the Criminal Petition is dismissed. 9. It is made clear that the observations made in this order should not be construed as having reflected anything on the merits of the petition. 10. All contentions are kept open. (ANANT RAMANATH HEGDE) JUDGE GVP List No.: 1 Sl No.: 6 Digitally Signed by ANANT RAMNATH HEGDE