Disposed

Nanu S/O Chandu Pawar v. Sumitra D/O Keshu Rathod @ Lamani

Karnataka HC9 Jun 2016CRL.RP/200074/2015

Case brief

AI extract

What is this about?

Criminal revision praying to set aside maintenance order and declaration of husband-wife relationship. The High Court held relationship findings under DV Act were perfunctory due to pending suit contending no legal wedlock; maintenance shall be paid pending suit outcome without petitioner admitting the relationship.

What did the court decide?

Continued payment of maintenance ordered pending suit outcome; relationship findings deemed non-binding; case disposed of without admitting or conceding marital status.

Nanu S/O Chandu Pawar Vs Sumitra D/O Keshu Rathod… — Maintenance and Alimony | Karnataka HC (2016)

¶1

¶2

IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH

¶3

DATED THIS THE 09^TH DAY OF JUNE, 2016

¶4

BEFORE

¶5

THE HON’BLE MR.JUSTICE ANAND BYRAREDDY

¶6

CRIMINAL REVISION PETITION NO. 200074/2015

¶7

BETWEEN:

¶8

Nanu S/o Chandu Pawar Age: 36 years, Occupation: Government Servant, Residents of Karnataka Neeravari Nigama Niyamitha Punarvasati & Punarnirmana Sub Division – 7, Ugar Khurd, Athani, District: Belgavi.

¶9

… PETITIONER

¶10

(Shri Sachin M. Mahajan Advocate)

¶11

AND: Sumitra D/o Keshu Rathod @ Lamani Age: 23 years, Occupation: Nil, Residents of Devur Tanda No.2, Post: Mannur, Sindagi Tauk, District: Vijayapur – 586 101.

¶12

… RESPONDENT

¶13

(Notice on Respondent Served, but unrepresented)

¶14

¶15

This Criminal Revision Petition is filed under Section 397 read with 404 of Code of Criminal Procedure, 1973, praying to call for records and set aside order dated 21.09.2013 passed by the Hon’ble Civil Judge & JMC at Sindagi in Criminal Miscellaneous No.101/2013 and the Judgment dated 05.09.2015 passed by the Hon’ble 1^st Additional Sessions Judge at Vijayapur in Criminal Appeal No.55/2013, by allowing the above petition.

¶16

This petition coming on for Orders this day, the Court made the following:

¶17

O R D E R

¶18

Heard the learned counsel for the petitioner. The respondent

¶19

has been served and remains absent.

¶20

Since the petitioner is contesting the very relationship

¶21

between the petitioner and the respondent, though he does not question the order of maintenance which having been accepted without prejudice, since there is a suit filed by the petitioner himself seeking a declaration that the respondent is not his legally wedded wife, the matter would have to run its course in order that

¶22

¶23

the issue be decided one way or the other. In the meanwhile, the court below acting under the provisions of the Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as ‘the Domestic Violence Act’, for brevity) having declared that the petitioner is indeed the husband of the respondent, would foreclose the result of the pending civil suit.

¶24

Therefore, any findings as to the relationship rendered by the court below under the provisions of the Domestic Violence Act, shall be treated as perfunctory and will not be binding on the petitioner, since he has filed a suit seeking declaration that the respondent is not his legally wedded wife, which will ultimately be decided in that suit.

¶25

Insofar as the order of maintenance is concerned, it shall also await the result of the pending suit which is said to have been filed by the petitioner. In the meanwhile, the petitioner shall continue to pay the maintenance which has been directed by the court below, without the petitioner either admitting or conceding that the petitioner is his wife. In the face of vehement contentions

¶26

¶27

by the learned counsel for the petitioner, since the above appears to be the circumstance pertaining to the case, the petition is

¶28

accordingly disposed of.

¶29

Sd/JUDGE

¶30

Nanu S/O Chandu Pawar v. Sumitra D/O Keshu Rathod @ Lamani

Case brief

What is this about?

What did the court decide?

Nanu S/O Chandu Pawar v. Sumitra D/O Keshu Rathod @ Lamani

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Smt. Bhuvaneshwari Vs the State of Karnataka

Mr Bapugowda @ Babu Patil Vs the State of Karnataka

Haji S/O Khasim Karemungi Vs the State through

Kalu Vs the State

Masjid-E-Habeen Nabi Khana Shaik Roza Vs Karnataka State Board of Wakf and Ors.

Tarun Bandhuri Jains Vs the State through