The High Court of Karnataka dismissed a criminal petition seeking quashing of an interim maintenance order as infructuous, since the underlying Family Court case had been disposed of.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH
DATED THIS THE 25TH DAY OF NOVEMBER, 2020
BEFORE
THE HON’BLE DR.JUSTICE H.B.PRABHAKARA SASTRY
CRIMINAL PETITION NO.101469/2017
Between:
Abhijit s/o Mahadev Kabade, Aged about 34, Occ.: Private Service, R/o: H. No. 102, Gandhiwada, Gadag Road, Hubballi-580 029.
(By Sri M.C. Hukkeri, Advocate)
And:
Smt. Veena w/o Abhijit Kabade, Aged about 36 years, Occ.: Private Service, r/o; H. No. 38, Chalukyanagar, Gandhiwada, Gadag Road, Hubballi-580 029.
(respondent is served)
This Criminal Petition is filed under Section 482 of Cr.P.C. seeking to quash the order dated 06.08.2016 on I.A.No. 1 in Crl. Misc. No. 234/2016 regarding interim maintenance passed by the Prl. Family Court at Hubballi & etc.
Crl. P. No. 101469/2017
: 2 :
This Criminal Petition coming on for admission through physical hearing/video conferencing hearing this day, the court made the following:
ORDER
Learned Amicus Curiae for the petitioner alone present in the matter and submits that his research
has revealed that the Criminal Miscellaneous No. 234/2016 pending in the Court of Principal Family Court at Hubballi, from which the present petition arises, has been disposed of on 29.03.2019, as such, the present petition does not survive. He files a memo on the similar lines.
The respondent though served has remained unrepresented.
In view of the memo and supporting submission, the present petition stands dismissed as having become infructuous.
Crl. P. No. 101469/2017
: 3 :
The Court while acknowledging the services rendered by the learned Amicus Curiae, for the petitioner Sri. M.C. Hukkeri, recommends an honorarium of a sum of not less than Rs.1,500/- to him payable by the Registry.
In view of disposal of the main petition, I.A. No.
1/2017 does not survive for consideration.
SD JUDGE
bvv
Abhijit s/o Mahadev Kabade
Smt. Veena w/o Abhijit Kabade
H.B. Prabhakar Sastry
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
