In Criminal Revision Petition No. 259 of 2019, the Karnataka High Court held that a challenge to an order under Section 125 CrPC via Section 397 CrPC is not maintainable. The correct remedy lies under the Family Courts Act, 1984.
Office objection regarding maintainability upheld; revision petition dismissed.
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.
CRL.RP No. 259 of 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 1ST DAY OF FEBRUARY, 2023
BEFORE
THE HON'BLE MR JUSTICE R. NATARAJ CRIMINAL REVISION PETITION NO. 259 OF 2019
BETWEEN:
SOMASUNDRU S/O LATE KUNDALEKAIAH, AGED ABOUT 45 YEARS, RESIDING AT 137/3, 1ST FLOOR, SHIVAPURA, MANANDAVADI ROAD, SRIRAMPURA POST, MYSURU.
…PETITIONER
(BY SRI. PRAJWAL K. ARADHYA, ADVOCATE)
AND:
Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA
DAKSHAYINI AGED ABOUT 33 YEARS, D/O DORESWAMY, W/O SOMASUNDAR, R/A NO.659, 16TH CROSS, LIC COLONY, II STAGE, SRIRAMPURA, MYSORE.
ALSO: DAKSHAYINI
AGED ABOUT 33 YEARS, D/O DORESWAMY, W/O SOMASUNDRU, AMBEDKAR ROAD, NANJANGUD TOWN, MYSORE DISTRICT.
DAKSHAYINI AGED ABOUT 33 YEARS D/O DORESWAMY W/O SOMASUNDRU C/O SANAMMA AND SRI. MANCHAIAH, NO.34, EWS, 4TH CROSS, GANGOTHRI LAYOUT, MYSORE.
…RESPONDENT
CRL.RP No. 259 of 2019
THIS CRL.RP IS FILED UNDER SECTION 397 OF THE CODE OF CRIMINAL PROCEDURE, 1973 READ WITH SECTION 19(4) OF FAMILY COURTS ACT, 1984 PRAYING TO SET THE ASIDE THE JUDGMENT AND ORDER DATED 21.12.2018 AND STAY THE PETITIONER AS THE COURT DEEMS FITS.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioner has challenged an order passed by the Family Court under Section 125 of Cr.P.C. The revision petition is not maintainable and the proper remedy is to invoke the provisions of the Family Courts Act, 1984.
Hence, office objections raised regarding maintainability of this revision petition is upheld and the revision petition is dismissed as not maintainable.
Sd/JUDGE
PK
1 issue framed by the court
Whether the revision petition under Section 397 CrPC challenging an order under Section 125 CrPC read with Section 19(4) of Family Courts Act is maintainable in the High Court.
3 provisions across 2 enactments
SOMASUNDRU S/O LATE KUNDALEKAIAH
DAKSHAYINI
R. NATARAJ
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
