Dismissed

Fakkirappa S/O Basavanneppa Mugalikatti v. Smt Rekha W/O Fakkirappa Mugalikatti

Karnataka HC22 Apr 2024CRL.P/101188/2024

Case brief

AI extract

What is this about?

Criminal petition challenging a revisional court's modification of a maintenance award was withdrawn by memo on maintainability grounds. The court dismissed the petition as withdrawn with liberty to file a Criminal Revision Petition, returned documents and granted limitation benefit under Section 14 of the Limitation Act.

What the court decided

AI extract

Fakkirappa S/O Basavanneppa Mugalikatti Vs Smt… — Maintenance and Alimony | Karnataka HC (2024)

¶1

¶2

NC: 2024:KHC-D:6601 CRL.P No. 101188 of 2024

¶3

IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 22^ND DAY OF APRIL, 2024

¶4

BEFORE

¶5

THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR

¶6

CRIMINAL PETITION NO. 101188 OF 2024

¶7

BETWEEN:

¶8

FAKKIRAPPA S/O BASAVANNEPPA MUGALIKATTI, AGED ABOUT 44 YEARS, OCC. AGRICULTURE, R/O. HERUR TALUK, HANAGAL, DIST. HAVERI-581148.

¶9

… PETITIONER

¶10

(BY SRI. SANTOSH B. MANE, ADVOCATE)

¶11

AND:

¶12

SMT. REKHA W/O FAKKIRAPPA MUGALIKATTI, AGED ABOUT 30 YEARS,

¶13

KUM BHUMIKA

¶14

Digitally signed by VIJAYALAKSHMI M KANKUPPI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH

¶15

D/O FAKKIRAPPA MUGALIKATTI, AGED ABOUT 5 YEARS, MINOR R/BY NATURAL MOTHER RESPONDENT NO.1 BOTH ARE R/O C/O SHEKHAPPA S/O SANNABASAPPA NEGALUR NEAR POST OFFICE ADUR-581101 TQ. HANAGAL, DIST. HAVERI.

¶16

… RESPONDENTS

¶17

THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C., SEEKING TO SET ASIDE THE IMPUGNED ORDER DATED 26.06.2023 PASSED BY THE LEARNED ADDL. DISTRICT AND SESSIONS JUDGE, FTSC-I, HAVERI IN CRL. REVISION PETITION NO.46/2023 WHEREBY MODIFYING THE WELL CONSIDERED JUDGMENT AND AWARD DATED 29.12.2022 PASSED BY THE LEARNED CIVIL JUDGE AND JMFC ACT HANGAL IN CRL. MISC. NO.8/2019, IN THE INTEREST OF JUSTICE AND EQUITY.

¶18

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

¶19

2 - NC: 2024:KHC-D:6601 CRL.P No. 101188 of 2024

¶20

ORDER

¶21

Leaned counsel for the petitioner files a memo

¶22

seeking withdrawal of the petition with liberty to file a Criminal Revision Petition.

¶23

2. Memo reads thus,

¶24

“Since the above petition is not maintainable in view of the fact that petitioner is require to invock(sic) the jurisdiction of Revision the above petition may be dismissed as withdrawn with liberty to file Criminal Revision Petition.”

¶25

In view of the memo, the petition is dismissed

¶26

as withdrawn with liberty to file a Criminal Revision Petition.

¶27

Registry is directed to return all documents to

¶28

learned counsel for the petitioner. The petitioner is entitled for the benefit under Section 14 of the Limitation Act, 1963.

¶29

Sd/JUDGE

¶30

DSP CT:BCK List No.: 1 Sl No.: 5

Fakkirappa S/O Basavanneppa Mugalikatti v. Smt Rekha W/O Fakkirappa Mugalikatti

Case brief

What is this about?

What the court decided

Fakkirappa S/O Basavanneppa Mugalikatti v. Smt Rekha W/O Fakkirappa Mugalikatti

Case brief

What is this about?

What the court decided

A compact analysis

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Miss Shahina N D/O Peersab N . Vs the Deputy Commissioner

S.Akkammabai C/O K Halesh Naik, Vs the State of Karnataka

Smt.Savita @ Soumya W/O Sadashiv Mirji Vs Sri.Sadashiv S/O Kallappa Mirji @ Kulgod

Ashok a M S/O. Maadayya Vs Hanumantappa S/O. Shivappa Chowdannavar

The Employees Provident Fund of Vs Regional Provident Fund

Smt. Asha W/O. Gopal Naik Vs the State of Karnataka