The High Court of Karnataka disposed of a criminal revision petition seeking to chal lenge an order granting maintenance without expressing an opinion on merits, preserving the petitioner's right to approach the District Court for re-appreciation of evidence, and provided for liberal consideration of time spent.
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 24TH DAY OF MAY, 2023
BEFORE
THE HON'BLE MR JUSTICE ANIL B KATTI
CRIMINAL REVISION PETITION NO. 100363 OF 2022 (397-)
BETWEEN:
SRI. SANTOSH MURKALMANI S/O. KOTRESH AGE. 41 YEARS, OCC. AGRICULTURE, R/O. DEVI TALKIES, HDAGALI TOWN, HADAGALI TALUKA-586127
…PETITIONER
(BY SRI. D. L. LADKHAN, ADVOCATE)
AND:
Digitally signed by J MAMATHA J MAMATHA Date: 2023.05.27 20:27:42 +0530
SMT. HARPANHALLI VEERAMMA CLAIMING HERSELF AS WIFE OF SANTOSH MURKALMANI, AGE. 28 YEARS, OCCUPATION. COOLIE, RESIDENT OF NEAR JODI DARGA, HADAGALI TOWN, HADAGALI TALUKA, DIST. VIJAYANAGAR-586127
…RESPONDENT
(BY SRI. G. N. NARASAMMANAVAR, ADVOCATE)
THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTION 397 R/W 401 OF CR.PC.,SEEKING TO CALL FOR RECORDS OF CR.MISC NO. 605/2021 DISPOSED OF ON 05.08.2022 BY JUDICIAL MAGISTRATE FIRST CLASS, HADAGALI FOR THE PURPOSE OF SATISFYING AS TO CORRECTNESS LEGALITY AND PROPRIETY OF FINDING ORDER, RECORDED AND PASSED AND AS TO REGULARITY OF PROCEEDINGS AND TO SET-ASIDE THE ORDER PASSED
IN CRL.MISC. NO. 605/2021 DATED 05.08.2022 PASSED BY THE JUDICIAL MAGISTRATE FIRST CLASS, HADAGALI, AWARDING RS. 5000/- PM FOR AS MAINTENANCE FROM DATE OF CRIMINAL PETITION AND LITIGATION EXPENSES AT RS. 10,000/-.
THIS CRIMINAL REVISION PETITION, COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Shri D.L.Ladkhan, learned counsel for revision petitioner present.
respondent present.
grounds urged in the revision petition.
in Crl.Misc.605/2021 against the revision petitioner/respondent
seeking maintenance under Section 125 of Cr.P.C. The trial Court after contest was pleased to partly allow the petition and grant maintenance of Rs.5,000/- per month with costs of Rs.10,000/- payable to the respondent/petitioner. The revision petitioner/respondent feeling aggrieved by the said order filed this revision petition.
CRL.RP No. 100363 of 2022
the jurisdictional District Court, then the time spent before this Court be considered liberally for condonation of delay, if any.
(Sd/-) JUDGE
JM List No.: 1 Sl No.: 33
1 issue framed by the court
Whether the High Court should dispose of the revision petition on merits or remand it to the District Court to preserve the petitioner's right to approach the High Court under Section 482 Cr.P.C. in c
3 provisions across 1 enactments
Sri. Santosh Murkalm mani
Smt. Harpanh alli Veeram ma
Anil B Katti
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
