Dismissed

Suresh D/O. Rachayya Hiremath v. Pavitra Alias Nirmala W/O. Suresh Hiremath

Karnataka HC6 Dec 2023CRL.P/103934/2022

Case brief

AI extract

What is this about?

The High Court of Karnataka, Dharwad Bench dismissed a Cr.P.C. s.482 petition seeking to set aside a Domestic Violence Act order. The Court held that since an appeal lay under s.29 of the Act, the special leave of the High Court was not available.

What did the court decide?

Cr.P.C. s.482 petition was dismissed; petitioner allowed to file an appeal.

Suresh D/O. Rachayya Hiremath Vs Pavitra Alias… — Maintenance and Alimony | Karnataka HC (2023)

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1 - NC: 2023:KHC-D:14282 CRL.P No. 103934 of 2022

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 6^TH DAY OF DECEMBER, 2023

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BEFORE

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THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR

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CRIMINAL PETITION NO. 103934 OF 2022

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BETWEEN:

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SURESH S/O RACHAYYA HIREMATH, AGE. 40 YEARS, OCC. BUSINESS, R/O. GURUBASAVA COLONY, H. NO.76/A/8, BAGALKOT (CMC), TQ. BAGALKOT-587201.

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… PETITIONER

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(BY SRI. GIRISH S. HIREMATH, ADVOCATE)

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AND:

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VIJAYALAKSHMI M KANKUPPI Digitally signed by VIJAYALAKSHMI M KANKUPPI Date: 2023.12.11 11:17:59 +0530

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PAVITRA @ NIRMALA W/O. SURESH HIREMATH, AGE. 27 YEARS, OCC. HOUSEHOLD WORK, R/O. BAGALKOT, NOW AT BADAMI, TQ. BADAMI, DIST. BAGALKOT-587201.

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… RESPONDENT

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(RESPONDENT SERVED)

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THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C., SEEKING TO SET ASIDE THE ORDER DATED 02.08.2022 ON IA NO.2, PASSED BY HE PRL.CIVIL JUDGE AND JMFC, BADAMI IN CRL.MISC NO.434/2021 IN THE INTEREST OF JUSTICE AND EQUITY.

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

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NC: 2023:KHC-D:14282 CRL.P No. 103934 of 2022

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ORDER

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Petitioner has prayed for setting aside the order dated 02.08.2022 passed on I.A.No.2 in Criminal

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Misc.No.434/2021 by Principal Civil Judge and JMFC, Badami.

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Heard learned counsel for the petitioner.

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Petitioner is the husband of respondent. The

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respondent has initiated proceedings under Section 12 of

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the Protection of Women from Domestic Violence Act, 2005, (hereinafter referred to as the “D.V. Act”, for brevity) in Criminal Misc.No.434/2021 pending on the file of the Principal Civil Judge and JMFC, Badami. The respondent in the said proceedings has filed I.A.Nos.1 and 2 under Sections 18, 19, 20D and 21 of the D.V.Act seeking maintenance, protection and custody of the children. Learned Magistrate has passed orders on I.A.Nos.1 and 2 by the impugned order dated 02.08.2022.

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The said order passed by the learned Magistrate is appealable order. The appeal is provided under Section 29 of the D.V.Act which reads thus:

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3 - NC: 2023:KHC-D:14282 CRL.P No. 103934 of 2022

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“29. Appeal. —There shall lie an appeal to the Court of Session within thirty days from the date on which the order made by the Magistrate is served on the aggrieved person or the respondent, as the case may be, whichever is later.”

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When the remedy of appeal is provided, the

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petitioner cannot invoke powers of this Court under Section 482 of the Cr.P.C. Hence, petition filed under Section 482 of Cr.P.C is dismissed.

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Petitioner is at liberty to file appeal challenging the impugned order dated 02.08.2022 passed by Principal Civil Judge and JMFC, Badami.

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Sd/JUDGE

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AC CT:BCK List No.: 1 Sl No.: 32

Suresh D/O. Rachayya Hiremath v. Pavitra Alias Nirmala W/O. Suresh Hiremath

Case brief

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Suresh D/O. Rachayya Hiremath v. Pavitra Alias Nirmala W/O. Suresh Hiremath

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