Disposed

Kumar. Hasanain Mohammadesak Mujawar v. Mohammadesak Allahuddin Mujawar

Karnataka HC3 Sept 2024CRL.P/101202/2024

Case brief

AI extract

What is this about?

High Court of Karataka disposed of a petition challenging an interim maintenance stay order. The Court directed the Sessions Court to decide both pending revision petitions regarding maintenance and dissolution of marriage within two months instead of deciding on merits in the filing petition.

What did the court decide?

Sessions Court directed to dispose of Crl.RP No.5009/2023 and Crl.RP No.5016/2023 within two months.

Kumar. Hasanain Mohammadesak Mujawar Vs… — Maintenance and Alimony | Karnataka HC (2024)

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NC: 2024:KHC-D:12680 CRL.P No. 101202 of 2024

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 3^RD DAY OF SEPTEMBER 2024

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BEFORE

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THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

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CRIMINAL PETITION NO. 101202 OF 2024

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BETWEEN:

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KUMAR. HASANAIN MOHAMMADESAK MUJAWAR, AGED ABOUT 16 YEARS, OCC: STUDENT, R/O. GAJABARWADI, TQ: HUKKERI,

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DIST: BELAGAVI – 591309.

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NOW RESIDING AT C/O. ABDUL MOHAMMAD HUNDEKAR, R/O: MORAB, TQ: RAIBAG, DIST: BELAGAVI -591317 SINCE MINOR RPERESENTED BY

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HIS NATURAL MOTHER AND GUARDIAN,

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PETITIONER NO.2

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SMT.JASMIN, W/O.MOHAMMADESAK MUJAWAR, AGED ABUOUT 32 YEARS, OCC:HOUSEHOLD WORK, R/O: GAJABARWADI, TQ:HUKKERI, DIST:BELAGAVI591309.

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NOW RESIDING AT C/O. ABDUL MOHAMMAD HUNDEKAR, R/O: MORAB, TQ: RAIBAG, DIST: BELAGAVI - 591317.

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…PETITIONERS

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(BY SRI. RAM.P.G. ADVOCATE FOR SRI. RAJASHEKHAR BURJI, ADVOCATE)

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AND:

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YASHAVANT NARAYANKAR

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Location: HIGH COURT OF KARNATAKA

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MOHAMMADESAK ALLAHUDDIN MUJAWAR, AGED ABOUT 39 YEARS, OCC: AGRICULTURE, R/O: GAJABARWADI, TQ: HUKKERI, DIST: BELAGAVI – 591309.

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…RESPONDENT (BY SRI. RAMESH I. ZIRALI, ADVOCATE)

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THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C., SEEKING TO ALLOW THE PETITION AND SET ASIDE THE ORDER DATED 10.11.2023 PASSED BY THE COURT OF VII ADDL. DISTRICT AND SESSIONS JUDGE, BELAGAVI, SITTING AT CHIKODI IN CRL.R.P. NO.5009/2023 ON IA NO.I FILED U/SEC. 397(1) OF CODE OF CRIMINAL PROCEDURE FOR STAY OF EXECUTION AND OPERATION OF ORDER DATED 22.12.2022 PASSED BY THE COURT OF ADDL. CIVIL JUDGE AND JMFC, RAIBAG IN CRL.MISC NO.273/2016 U/SEC. 125 OF CR.P.C, IN THE INTEREST OF JUSTICE AND EQUITY.

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

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2 - NC: 2024:KHC-D:12680 CRL.P No. 101202 of 2024

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CORAM: THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

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ORAL ORDER

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The present petition is filed by the son and wife of respondent, challenging the interim order dated 10.11.2023 passed in Crl.RP No.5009/2023 by VII Additional District and Sessions Judge, Belagavi, sitting at Chikkodi.

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The petitioners have filed a petition under Section 125 of Cr.P.C in Cr.Misc. No.273/2016 seeking maintenance from the respondent. The said petition after contest came to be allowed by order dated 22.12.2022 awarding maintenance of Rs.1,000/- to the petitioner No.1 and Rs.2,000/- to the petitioner No.2. The said order of maintenance has been challenged by the respondent in Crl.RP No.5009/2023 before the Sessions Court. The Sessions Judge vide impugned order stayed the execution and operation of the order dated 22.12.2022 passed by the Additional Civil Judge and JMFC, Raibag in Crl. Misc. No.273/2016 subject to the condition of respondent herein depositing 50% of arrears of maintenance amount accrued till that period before the Trial Court within a period of 15 days, the said interim order has been challenged in this petition.

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3 - NC: 2024:KHC-D:12680 CRL.P No. 101202 of 2024

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Learned counsel for petitioner would contend that as only the 50% of maintenance paid by the respondent is not sufficient for maintenance of the petitioners. He contends that the said impugned order is causing hardship and inconvenience to the petitioners.

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The parties are Muslims. The petitioner Nos.2 has filed OS No.338/2016 seeking dissolution of marriage between her and respondent and the said suit came to be decreed vide judgment dated 03.02.2023. In view of dissolution of marriage between the petitioner No.2 and the respondent, the question is required to be decided by the Sessions Court is whether the divorced wife and child are entitle to maintenance?

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In view of the said aspect instead of deciding the petition on merits, it is feasible to direct the Sessions Court to dispose of the

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Crl.RP No.5009/2023 filed by the respondent. It is also submitted that the petitioners have also filed Crl.RP No. 5016/2023 and it is also pending before the same Court under which they have sought for enhancement of the maintenance. Considering the said aspect, it is advisible and necessary that

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4 - NC: 2024:KHC-D:12680 CRL.P No. 101202 of 2024

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the learned Judge has to dispose of both the revision petitions at the earliest.

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In view of the above, the following:

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ORDER

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Learned VII Additional District and Sessions Judge, Belagavi, sitting at Chikkodi, is directed to dispose of the Crl.RP No.5009/2023 and Crl.RP. No.5016/2023 within a period of two months from the date of receipt of certified copy of this order.

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Sd/(SHIVASHANKAR AMARANNAVAR) JUDGE

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PJ CT:ANB List No.: 1 Sl No.: 67

Kumar. Hasanain Mohammadesak Mujawar v. Mohammadesak Allahuddin Mujawar

Case brief

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Kumar. Hasanain Mohammadesak Mujawar v. Mohammadesak Allahuddin Mujawar

Case brief

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