Dismissed

Sri. Vijayendra S/O Prahladacharya Panchamukhi v. Smt. Renuka W/O Vijayendar Panchamukhi

Karnataka HC13 Nov 2018CRL.P/100961/2018

Case brief

AI extract

What is this about?

The High Court dismissed a Criminal Petition filed under Section 482 Cr.P.C. seeking to quash an order for the issuance of a judicial warrant (FLW) regarding maintenance arrears, on the ground that the warrant had been recalled and the petitioner had paid part of the arrears, rendering the petition non-survivable.

What did the court decide?

The Criminal Petition was dismissed as it did not survive for further consideration due to the recall of the FLW and partial payment of maintenance.

Sri. Vijayendra S/O Prahladacharya Panchamukhi Vs… — Maintenance and Alimony | Karnataka HC (2018)

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IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH

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DATED THIS THE 13^TH DAY OF NOVEMBER 2018

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BEFORE

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THE HON’BLE MR. JUSTICE N.K.SUDHINDRARAO

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Criminal Petition No.100961/2018

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BETWEEN:

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SRI VIJAYENDRA S/O: PRAHLADACHARYA PANCHAMUKHI, AGE: 43 YEARS, OCC: PRIVATE SERVICE, R/O; SECTOR NO.3, PLOT NO.62/A, NAVNAGAR, BAGALKOT, TQ: & DIST: BAGALKOT.

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…..PETITIONER

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(BY SRI B.S.BYAKOD, ADVOCATE) (ABSENT)

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AND

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SMT. RENUKA W/O: VIJAYENDAR PANCHAMUKHI, AGE: 32 YEARS, SINECURE, R/O: C/O: BHAGYAVATHI, M.D., 1^ST WARD, CHITTAWADAGI, NEAR NAGARESHWAR TEMPLE, HOSAPETE, DIST: BALLARI.

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…….RESPONDENT

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(BY SRI K.L.PATIL, ADVOCATE)

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THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., PRAYING TO ADMIT THE PETITION AND QUASH THE IMPUGNED ORDER OF ADDL. CIVIL JUDGE AND JMFC., HOSPETE IN CRIMINAL MISC.NO.485/2014 DATED 06.07.2017 ISSUANCE OF FLW AGAINST PETITIONER HEREIN AND ALSO ORDER DATED 24.02.2018 PASSED BY THE III ADDL. DISTRICT AND SESSIONS JUDGE, BALLARI SITTING AT HOSPETE IN CRL.REV.PETITION NO.5104/2017.

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THIS PETITION COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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Learned counsel for the petitioner absent. No

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representation. Learned counsel for the respondent present.

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The substance of the proceedings is that respondent herein Smt.Renuka filed an application under Section 125 of Cr.P.C., in Crl.Misc. No.485/2014 claiming maintenance of Rs.10,000/- per month and also filed an application for interim maintenance which came to be allowed by awarding monthly interim maintenance of Rs.2,000/- to the petitioner. The respondent therein the husband did not comply with the order.

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It is stated that respondent herein has filed Criminal Misc.No.59/2017 on 16.03.2017 under Section 128 of Cr.P.C., claiming the arrears of interim maintenance and the petitioner. Hence, the petitioner herein has filed this petition seeking to quash the said order.

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It is also stated that Criminal Misc.No.485/2014 filed by the respondent was set down for evidence and the respondent herein was absent before the trial. However, the learned JMFC., instead of dismissing the petition for default, ordered for FLW and the petitioner herein who is the husband has come with the application seeking cancellation.

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Learned counsel for the respondent would submit that FLW which is being challenged by the petitioner herein came to be recalled and subsequently the object of the petition does not subsist. It is also submitted that out of the total arrears of maintenance, the petitioner herein has paid Rs.5,000/- and balance is remaining.

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Considering the conduct and irregularity of the petitioner in compliance with the orders of this Court and fact of recalling of FLW, petition does not survive for further consideration.

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Accordingly, petition is dismissed.

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Sd/JUDGE

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msr

Sri. Vijayendra S/O Prahladacharya Panchamukhi v. Smt. Renuka W/O Vijayendar Panchamukhi

Case brief

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Sri. Vijayendra S/O Prahladacharya Panchamukhi v. Smt. Renuka W/O Vijayendar Panchamukhi

Case brief

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