Three interconnected criminal petitions filed under Section 482 CrPC challenging maintenance orders were dismissed by the Karnataka High Court as the petitions were filed as withdrawn after a settlement between the parties.
Petitions dismissed as withdrawn.
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 AT BENGALURU
DATED THIS THE 11TH DAY OF SEPTEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE R. NATARAJ CRIMINAL PETITION NO. 751 OF 2021 C/W CRIMINAL PETITION NO. 3592 OF 2019 CRIMINAL PETITION NO. 3593 OF 2019
IN CRL.P.NO.751/2021:
BETWEEN:
SMT. S.L.VIJAYASHREE D/O. SRI. S. PUTTAIAH, AGED ABOUT 35 YEARS, R/AT NO.1417, FIRST BLOCK, SIR. M. VISHVESHWARAIAH NAGAR, KENGERI UPANAGARA, BENGALURU-560060.
…PETITIONER
(BY SRI. HANUMANTHARAYAPPA K., ADVOCATE)
AND:
Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA
SRI. S.PUTTAIAH S/O. SIDDABASAVAIAH, AGED ABOUT 46 YEARS, R/AT DALAVAYI KHODIHALLI VILLAGE, HALAGURU HOBLI, MALAVALLI TALUK, MANDYA DISTRICT-571421.
…RESPONDENT
(BY SRI. K. ABHINAV, ADVOCATE)
THIS CRL.P IS FILED UNDER SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE, 1973 PRAYING TO SET ASIDE THE JUDGMENT AND AWARD DATED 27.11.2017 PASSED BY THE IV ADDITIONAL DISTRICT AND SESSIONS JUDGE, MANDYA IN CRL.RP.NO.72/2015 IN SO FAR AS IT RELATES TO ENHANCE OF MAINTENANCE FROM ONLY RS.7,000/- TO RS.8,500/- AND ENHANCE
NC: 2023:KHC:32739 CRL.P No. 751 of 2021 C/W CRL.P No. 3592 of 2019 CRL.P No. 3593 of 2019
THE MAINTENANCE TO AT LEAST RS.15,000/- PER MONTH BY ALLOWING THIS PETITION AND ETC.
IN CRL.P.NO.3592/2019:
BETWEEN:
SRI. S. PUTTAIAH S/O. SRI.SIDDABASAVAIAH, AGED ABOUT 44 YEARS, WORKING AS ASSISTANT ENGINEER, PANCHAYATHRAJ DEPARTMENT AT MALAVALLI, MANDYA DISTRICT, AND R/AT DALAVAIKODIHALLI VILLAGE, HALAGUR HOBLI, MALAVALLI TALUK, MANDYA DISTRICT-571 421
…PETITIONER
(BY SRI. K. ABHINAV ANAND, ADVOCATE)
AND:
SMT. S.L. VIJAYASHREE W/O SRI. S.PUTTAIAH, AGED ABOUT 32 YEARS, R/O. NO.1417, 1ST BLOCK, SIR. M.VISHWESHWARAIAH NAGAR, KENGERI UPANAGARA, BENGALURU-560 056.
…RESPONDENT
(BY SRI. K. HANUMANTHARAYAPPA, ADVOCATE)
THIS CRL.P IS FILED UNDER SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE, 1973 PRAYING TO SET ASIDE THE ORDER DATED 27.11.2017 IN CRL.RP.NO.72/2015 ON THE FILE OF THE IV ADDITIONAL DISTRICT AND SESSIONS JUDGE, MANDYA AND ETC.
IN CRL.P.NO.3593/2019:
BETWEEN:
SRI. S. PUTTAIAH S/O SRI.SIDDABASAVAIAH, AGED ABOUT 44 YEARS,
NC: 2023:KHC:32739 CRL.P No. 751 of 2021 C/W CRL.P No. 3592 of 2019 CRL.P No. 3593 of 2019
WORKING AS ASSISTANT ENGINEER, PANCHAYATHRAJ DEPARTMENT AT MALAVALLI, MANDYA DISTRICT, AND R/AT DALAVAIKODIHALLI VILLAGE, HALAGUR HOBLI, MALAVALLI TALUK, MANDYA DISTRICT-571 421
…PETITIONER
(BY SRI. K. ABHINAV ANAND, ADVOCATE)
AND:
SMT. S.L. VIJAYASHREE W/O SRI. S.PUTTAIAH, AGED ABOUT 32 YEARS, R/O NO.1417, 1ST BLOCK, SIR. M.VISHWESHWARAIAH NAGAR, KENGERI UPANAGARA, BENGALURU-560 056.
…RESPONDENT
(BY SRI. K. HANUMANTHARAYAPPA, ADVOCATE)
THIS CRL.P IS FILED UNDER SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE, 1973 PRAYING TO SET ASIDE THE JUDGMENT DATED 27.11.2017 PASSED BY THE IV ADDITIONAL DISTRICT AND SESSIONS JUDGE, MANDYA IN CRL.RP.NO.72/2015 PRODUCED AT ANNEXURE-A AND FURTHER PLEASED TO ALLOW THE CRL.RP.NO.166/2015 AND SET ASIDE THE ORDER DATED 07.04.2015 PASSED BY THE PRINCIPAL CIVIL JUDGE AND J.M.F.C., MALAVALLI IN CRL.MISC.NO.228/2013 PRODUCED AT ANNEXURE-B BY ALLOWING THIS CRL.P AND ETC.
THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
A memo is filed by learned counsel for the petitioner in Crl.P.No.751/2021 stating that in view of the settlement
NC: 2023:KHC:32739 CRL.P No. 751 of 2021 C/W CRL.P No. 3592 of 2019 CRL.P No. 3593 of 2019
entered into between the parties in MFA No.3420/2020 c/w MFA No.3422/2020 on 12.07.2023, these petitions does not survive for consideration and therefore prays that these petitions may be dismissed as withdrawn.
In view of the memo, the petitions are dismissed as withdrawn.
Sd/JUDGE
HJ
List No.: 1 Sl No.: 1
1 provisions across 1 enactments
SMTH. S.L. VIJAYASHREE
SRI. S. PUTTAIAH
R. NATARAJ
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
