Dismissed

Shri Shivaji S/O Mallappa Karimudakannavar v. Smt Anusuya W/O Shivaji Karimudakannavar

Karnataka HC2 Jun 2023CRL.RP/100223/2023

Case brief

AI extract

What is this about?

The High Court of Karnataka held that a Criminal Revision Petition challenging a Family Court's maintenance order is not maintainable and must be filed under Section 19(4) of the Family Court Act, 1984.

What did the court decide?

the present revision petition is ordered to be disposed of; the petitioner is given liberty to file a Revision Petition under Section 19(4) of the Family Courts Act, 1984.

Shri Shivaji S/O Mallappa Karimudakannavar Vs Smt… — Maintenance and Alimony | Karnataka HC (2023)

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1 - CRL.RP No. 100223 of 2023

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IN THE HIGH COURT OF KARNATAKA

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DHARWAD BENCH

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DATED THIS THE 2^ND DAY OF JUNE, 2023

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BEFORE

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THE HON'BLE MR JUSTICE ANIL B KATTI

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CRL. R. P. NO. 100223 OF 2023 (397)

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BETWEEN:

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SHRI. SHIVAJI S/O MALLAPPA KARIMUDAKANNAVAR AGE: 63 YEARS, OCC: RETD. GOVT. SERVICE R/O. NEGINHAL; TQ BAILHONGAL DIST: BELAGAVI.

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…PETITIONER

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(BY SRI. NITIN R. BOLABANDI AND SMT.SHWETA R. KULKARNI, ADVS.)

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AND:

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Digitally signed by J J MAMATHA MAMATHA Date: 2023.05.28 19:59:17 -0700

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SMT. ANUSUYA W/O SHIVAJI KARIMUDAKANNAVAR AGE: 59 YEARS, OCC: NIL R/O. H. NO. MIG -30 KHB COLONY, KANABARGI TQ & DIST: BELAGAVI.

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…RESPONDENT

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THIS CRIMINAL REVISION PETITION IS FILED U/SEC. 397 (1) R/W 401 OF CR.P.C. SEEKING THAT THE ORDER DATED 03.02.2023 PASSED BY THE PRINCIPAL JUDGE, FAMILY COURT, BELAGAVI CRL.MISC NO. 490/2019 IN SO FAR AS ALLOWING THE PETITION BY THE RESPONDENT HEREIN U/SEC. 127 OF CR.P.C. BY AWARDING RS. 7,000/- PM AS MAINTENANCE MAY BE QUASHED.

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THIS CRIMINAL REVISION PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:

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2 - CRL.RP No. 100223 of 2023

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ORDER

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Smt.Shweta R. Kulkarni, learned counsel representing revision petitioner appears through video conference.

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Heard the learned counsel for revision petitioner on the maintainability of revision petition before this Court.

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The revision petitioner is challenging the order passed by the Prl. Judge, Family Court, Belagavi, in Crl.Misc.490/2019 dated 03.02.2023 and granted maintenance of Rs.7,000/- per month. The said order can be assailed before

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the High Court in terms of Section 19 (4) of the Family Court Act, 1984, by way of Revision Petition Family Court. Hence, the present revision petition is not maintainable and liberty is given to the revision petitioner to file Revision Petition Family Court in terms of Section 19 (4) of the Family Court Act and accordingly, the present revision petition is ordered to be disposed of.

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(Sd/-) JUDGE

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JM List No.: 1 Sl No.: 3

Shri Shivaji S/O Mallappa Karimudakannavar v. Smt Anusuya W/O Shivaji Karimudakannavar

Case brief

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Shri Shivaji S/O Mallappa Karimudakannavar v. Smt Anusuya W/O Shivaji Karimudakannavar

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