MORAGERI JATHAPPA S/O MORAGERI BASAPPA v. SMT BHAGHYAVVA ALIAS NIRMALA W/O MORAGERI JATHAPPA
CRL.RP/100106/2025 · 2026-01-13
V Srishananda
body2026
DailyLaw.ai
[ 2026 DAILYLAW 52695 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 52695 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC-D:365 CRL.RP No. 100106 of 2025
IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 13TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL REVISION PETITION NO. 100106 OF 2025 (397(CR.PC)/438(BNSS))
BETWEEN:
MORAGERI JATHAPPA S/O MORAGERI BASAPPA AGED ABOUT 55 YEARS, R/O. HIREMALLANAKERI VILLAGE 583219, HUVINAHADAGALLI TQ. VIJAYANAGARA DISTRICT. &PETITIONER (BY SRI. AKSHAY MATHEWALE, ADVOCATE FOR SRI. L.T. MANTAGANI, ADVOCATE) AND:
SMT. BHAGHYAVVA @ NIRMALA W/O MORAGERI JATHAPPA AGED ABOUT 50 YEARS, R/O. VADDINADADAPURA VILLAGE 583131, TQ. HARAPANAHALLI DISTRICT VIJAYANAGARA. &RESPONDENT (BY SRI. B.G. INDI, ADVOCATE FOR SRI. K.L. PATIL, ADVOCATE)
THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTION 397 R/W 401 OF CR.P.C. (438 R/W 442 OF BNSS), PRAYING TO SET ASIDE THE ORDER PASSED BY THE COURT OF III ADDL. DISTRICT AND SESSIONS JUDGE AT BALLARI, (SITTING AT HOSAPETE) IN CRL.R.P.NO.5121/2024 DATED 07.02.2025 AND CONFIRM THE ORDER OF DISMISSAL PASSED BY THE COURT OF CIVIL JUDGE AND JMFC, HARAPANAHALLI, IN CRL.MISC. NO.158/2018 DATED 10.10.2024.
THIS CRIMINAL REVISION PETITION COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: High Court of Karnataka, Dharwad Bench
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HC-KAR NC: 2026:KHC-D:365 CRL.RP No. 100106 of 2025
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA)
1. Heard Sri Akshay Mathewale, learned counsel appearing for Sri L.T. Mantagani, learned counsel for the petitioner, and Sri B.G. Indi, learned counsel appearing for Sri K.L. Patil, learned counsel for the respondent.
2. The matter was adjourned from yesterday to today in order to ascertain whether the revision petitioner- husband would be interested in settling the matter amicably and paying a portion of the arrears of maintenance to establish his bonafides.
3. Sri Akshay Mantvale submits that he has informed the party, but there has been no response.
4. This is husband's revision petition challenging the
order passed by the First Appellate Court in Criminal Revision Petition No.5121/2024 whereby revision petition filed by the wife came to be allowed by reversing the order dated 10.10.2024 in Crl.Misc.No.158/2018 whereby
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HC-KAR NC: 2026:KHC-D:365 CRL.RP No. 100106 of 2025
petitioner is directed to pay monthly maintenance of ¹5,000/- from the date of petition till realisation.
5. As on today, the arrears of maintenance is to the tune of ¹4.8 lakhs. According to the petitioner himself, no amount is paid by the petitioner towards the arrears of maintenance despite granting sufficient time.
6. Accordingly, this Court is of the opinion that the
order under revision needs no interference as relationship is admitted between the parties.
7. Hence, following order is passed.
ORDER Criminal revision petition is dismissed.
Sd/- (V.SRISHANANDA) JUDGE
AC, CT:CMU LIST NO.: 2 SL NO.: 53