Dismissed

Mr. Uday Nayak v. Mrs. Anita Nayak

Karnataka HC12 Sept 2024CRL.P/8186/2021

Case brief

AI extract

What is this about?

The High Court in Bengaluru dismissed the husband's criminal petition filed under Section 482 CrPC to quash a domestic violence petition and dismissed the wife's writ petition under Article 227 seeking execution of a maintenance order. The court held the trial court order had attained finality.

What did the court decide?

Criminal petition dismissed with all IAs closed. Writ petition dismissed as withdrawn with liberty for petitioner to move execution petition for appropriate relief.

Mr. Uday Nayak Vs Mrs. Anita Nayak — Domestic Violence | Karnataka HC (2024)

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NC: 2024:KHC:38093 CRL.P No. 8186 of 2021 C/W WP No. 13976 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 12^TH DAY OF SEPTEMBER, 2024

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BEFORE

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THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI CRIMINAL PETITION NO. 8186 OF 2021 C/W WRIT PETITION NO. 13976 OF 2023 (GM-FC)

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IN CRL.P No. 8186/2021:

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BETWEEN:

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MR. UDAY NAYAK S/O KRISHNA NAYAK AGED 32 YEARS, RESIDING AT MUNDADI HOUSE SONANDOOR SCHOOL BELTHANGADY TALUK D K-574224

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…PETITIONER

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(BY SRI. S.RAJASHEKAR., ADVOCATE)

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AND:

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Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA

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MRS. ANITA NAYAK AGED 26 YEARS, W/O UDAY NAYAK D/O RAMACHANDRA NAYAK RESIDING AT “SHIVALAYA” KONCHADI POST, GURU NAGARA, MARRY HILL, MANGALORE, D K DISTRICT-575008 PH 9004343034

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…RESPONDENT

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(BY SRI. ANANDARAMA K., ADVOCATE)

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THIS CRL.P IS FILED UNDER SECTION 482 CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO QUASH THE PETITIONER FILED BY THE RESPONDENT UNDER SECTION 12 OF THE PROTECTION OF WOMEN

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NC: 2024:KHC:38093 CRL.P No. 8186 of 2021 C/W WP No. 13976 of 2023

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FROM DOMESTIC VIOLENCE ACT, 2005 AS PER CRL.M.C.NO.32/2021 ON THE FILE OF CIVIL JUDGE AND J.M.F.C., MOODBIDRI, D.K., ETC.

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IN W.P NO. 13976/2023:

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BETWEEN:

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MS. ANITHA NAYAK, D/O. RAMACHANDRA G. NAYAK, AGED ABOUT 29 YEARS, PRESENTLY R/AT 'SHIVALAYA', GURU NAGAR, KONCHADY POST, MARRYHILL, MANGALURU-575008.

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...PETITIONER

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(BY SRI. ANANDARAMA K., ADVOCATE)

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AND:

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MR. UDAY NAYAK, S/O. KRISHNA NAYAK, AGED ABOUT 33 YEARS R/AT MUMDADI HOUSE, SONANDOOR SCHOOL, BELTHANGADY TALUK, D.K DISTRICT-574224.

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...RESPONDENT

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(BY SRI. RAJASHEKAR S., ADVOCATE)

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THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR RECORDS IN EX.C.No.1/2023 ON THE FILE OF THE COURT OF PRINCIPAL JUDGE, FAMILY COURT., D.K., MANGALUR, ETC.

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THESE PETITIONS, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI

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3 - NC: 2024:KHC:38093 CRL.P No. 8186 of 2021 C/W WP No. 13976 of 2023

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ORAL ORDER

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IN CRL.P.NO.8186/2021

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Aggrieved by the judgment passed in Crl.A.No.70/2021 dated 09.09.2021 by the II Addl. District and Sessions Judge, Dakshina Kannada, Mangaluru, the husband is before this Court.

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The parties are referred to as husband and wife for the sake of convenience.

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Initially, the wife had filed Crl.M.C.No.32/2021 and she had filed an application under Section 12 R/W Section 18, 19, 20 and 21 of Domestic Violence Act, 2005 and also an application under Section 23(2) of Domestic Violence Act, 2005 seeking direction to the husband to pay maintenance of an amount of Rs.50,000/- per month till disposal of the case. An order came to be passed on 24.02.2021 whereby the Trial Court had granted maintenance of an amount of Rs.20,000/per month to the wife. Aggrieved thereby, the husband had filed Crl.A.No.70/2021. The same was dismissed by an order dated 09.09.2021. Against that, the present Criminal Petition is filed before this Court. Thereafter, the wife had filed I.A.No.5 in

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4 - NC: 2024:KHC:38093 CRL.P No. 8186 of 2021 C/W WP No. 13976 of 2023

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M.C.No.208/2021 seeking maintenance and by order dated 28.09.2022, the Trial Court had held that the wife is entitled for interim maintenance of an amount of Rs.30,000/- per month from the husband from the date of filing of the I.A. i.e., on 02.09.2021 till further orders. This interim order is inclusive of the maintenance awarded by the learned JMFC in Crl.M.C. No.32/2021 and also litigation expenses of an amount of Rs.20,000/-. Aggrieved thereby, the husband had filed W.P.No.22006/2022 and by order dated 24.11.2022, the Coordinate Bench of this Court had dismissed the Writ Petition. They carried this appeal by filing W.A.No.582/2023 and on 27.06.2023, a memo was filed that the Writ appeal is not maintainable and they sought the permission of the Court to withdraw the Writ appeal. In view of the same, the order of the Trial Court has attained finality. In that view of the matter, that order has become final. Hence, this Court is inclined to pass the following,

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ORDER

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i. Accordingly, the Criminal Petition is dismissed .

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ii. All I.As., in the Crl. Petition, shall stand closed.

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NC: 2024:KHC:38093 CRL.P No. 8186 of 2021 C/W WP No. 13976 of 2023

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In W.P.No.13976/2023

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Aggrieved by the order passed in Ex.C.No.1/2023 dated 13.06.2023 by the Principal Judge, Family Court, D.K., Mangaluru, the wife is before this Court.

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When the matter came up for hearing, a memo is filed by the learned counsel for the petitioner stating that during the pendency of the Writ Petition, the husband had paid an amount of Rs.4,50,000/towards arrears of maintenance till 27.02.2022. It is submitted that the order of granting maintenance from 27.12.2022, the Trial Court had kept the maintenance order in abeyance and that is questioned by them by way of Writ Petition. Hence, they seek liberty to move execution petition, basing on further orders to be passed by the Court in the pending Writ Petition. Hence, this Court is passing the following:

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ORDER

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i. The memo is taken on record and the Writ Petition is dismissed as withdrawn with liberty

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to the petitioner to avail the appropriate remedy.

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6 - NC: 2024:KHC:38093 CRL.P No. 8186 of 2021 C/W WP No. 13976 of 2023

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ii. In view of the same, even the Ex.C.No.1/2023 is dismissed as withdrawn with a liberty as prayed

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for.

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iii. All I.As., in the Writ Petition, shall stand closed.

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SD/(LALITHA KANNEGANTI) JUDGE

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BN List No.: 1 Sl No.: 9

Mr. Uday Nayak v. Mrs. Anita Nayak

Case brief

What is this about?

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Mr. Uday Nayak v. Mrs. Anita Nayak

Case brief

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