- 1 - HC-KAR NC: 2026:KHC:6708 CRL.RP No. 1989 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL REVISION PETITION NO. 1989 OF 2025 BETWEEN: MOHAMMED YUNUS PARVEEZ S/O MOHAMMED YUSUF AGED ABOUT 37 YEARS R/O RANGAIYANA BAGILU ROAD OPP SHARADA BRASS BAND KHAZI MOHALLA CHITRADURGA - 577 501. …PETITIONER (BY SRI HIREMATHAD MAHESHIAH RUDRAYYA, ADV.) AND: 1. SUMAIYA SALMA D/O ZAHED HUSSAIN W/O MOHAMMED YUNUS PARVEEZ AGED ABOUT 33 YEARS OCC- TEACHRER. 2. MOHAMMED AZIAN KOTWAL S/O MOHAMMED YUNUS PERVEZ AGED ABOUT 4 YEARS. THE RESPONDENT NO.2 IS MIONR AND REPRESENTED BY HIS NATURAL GRADIAN MOTHER RESPONDENT NO.1. BOTH ARE R/O 1ST CROSS KOTWAL NAGAR, NEAR A.P.M.C. MARKET BEHIND NAWAZ FOOT WEAR CHITRADURGA - 577 501. …RESPONDENTS THIS CRL.RP IS FILED U/S 397 R/W 401 CR.P.C (U/S 438 R/W 442 BNSS) PRAYING TO SET ASIDE THE ORDER DTD 09.12.2025 IN CRL.A.NO.79/2025 PASSED BY THE PRL. DISTRICT AND SESSIONS JUDGE, AT CHITRADURGA, PRODUCED AT ANNEXURE-F. Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:6708 CRL.RP No. 1989 of 2025 THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Husband is before this Court in this criminal revision petition filed under Section 442 of BNSS 2023 assailing the order dated 09.12.2025 passed in Criminal Appeal No.79 of 2025 by the Court of Principal District and Session Judge, Chitradurga. 2. Heard the learned counsel appearing for the petitioner. 3. Respondents herein are the wife and son of the petitioner. Petition under Section 12 of the Protection of Women from Domestic Violence Act, 2005 was filed before the jurisdictional Court of Magistrate, Chitradurga by the respondents and in the said proceedings, I.A.No.1 was filed claiming interim maintenance. The Trial Court vide its order dated 09.06.2025 partly allowed I.ANo.1 and directed the petitioner herein to pay monthly maintenance of ₹.5,000/- to the respondents herein, till the disposal of the main petition. - 3 - HC-KAR NC: 2026:KHC:6708 CRL.RP No. 1989 of 2025 Aggrieved by the said order, petitioner had filed Criminal Appeal No.12 of 2025 and respondents had filed Criminal Appeal No.79 of 2025 before the Court of Principal District and Sessions Judge, Chitradurga. The Appellate Court, vide the impugned judgment and order dismissed Criminal Appeal No.12 of 2025 and partly allowed Criminal Appeal No.79 of 2025 and the interim maintenance awarded was enhanced to ₹.10,000/-. Aggrieved by the said order passed in Criminal Appeal No.79 of 2025, petitioner is before this Court. 4. Learned counsel for the petitioner submits that the respondent no.1 is working as a teacher in a private school. Petitioner has resigned to his job and therefore he has no income. The Appellate Court was therefore not justified in enhancing the maintenance amount to ₹.10,000/- per month. 5. Perusal of the material on record would go to show that, petitioner is a qualified engineer and he has completed his M.Tech. Before the Trial Court, petitioner and the respondents have pleaded that petitioner and his family members are having valuable immovable properties in the town of Chitradurga City and getting monthly rent of ₹.2,00,000/-. - 4 - HC-KAR NC: 2026:KHC:6708 CRL.RP No. 1989 of 2025 During the course of argument, it is submitted by learned counsel for the petitioner that the petitioner, who was earlier employed has now voluntarily left his job. That would go to show that petitioner has got sufficient means for his livelihood. Though respondent no.1 is now working as a teacher and earning, respondent no.2, who is the son of the petitioner and respondent no. 1 is required to be taken care of. Respondent no.2 is now aged about 5 years and therefore his educational and medical expenses is also required to be taken care of. 6. The Appellate Court having appreciated the aforesaid aspects of the matter and also having regard to the present cost of living has rightly enhanced the maintenance amount from ₹.5,000/- to ₹.10,000/- payable by the petitioner. I do not find any illegality or irregularity in the said order. 7. Accordingly, Criminal Revision Petition is dismissed. Sd/- (S VISHWAJITH SHETTY) JUDGE NMS List No.: 1 Sl No.: 38