Ramesh S/O. Hanumantappa Guggari Vs Smt. Netravati

THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., PRAYING TO PERUSE THE LEGALITY AND CORRECTNESS OF THE PETITION AND QUASH THE IMPUGNED ORDER PASSED BY THE II ADDL. DISTRICT AND SESSIONS JUDGE, AT HAVERI (SITTING AT RANEBENNUR) IN CRL. REV. PET. NO.204/2018 ORDER DATED 03.07.2019 VIDE ANNEXURE-E.

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THIS PETITION COMING ON FOR ADMISSION, THIS DAY, ORDER IS MADE THEREIN AS UNDER:

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NC: 2025:KHC-D:12057 CRL.P No. 101453 of 2020

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HC-KAR

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ORAL ORDER

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(PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY)

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Petitioner is before this Court assailing the order

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dated 16.10.2018 passed in Criminal Misc. No.33 of 2017 by the Court of Additional Civil Judge and II JMFC, Ranebennur and the order dated 03.07.2019 passed by the Court of II Additional District and Sessions Judge, Haveri (sitting at Ranebennur) in Criminal Revision Petition No.204/2018.

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Heard learned counsel for the parties.

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Petitioner is the husband of the respondent herein. Petitioner is a teacher in a government school. Marriage between the petitioner and the respondent was solemnized on 27.05.2009. It appears that subsequently their relationship got strained and thereafter for the reason that petitioner was ill-treating the respondent, she started staying separately and initiated proceedings against the petitioner under Section 125 of Cr.P.C. before the Jurisdictional Court of Magistrate claiming maintenance at

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3 - NC: 2025:KHC-D:12057 CRL.P No. 101453 of 2020

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HC-KAR

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the rate of ₹15,000/- per month. Before the trial Court, she examined herself as PW1 and had got marked 15 documents. On behalf of the respondent-husband, he had not led any evidence, nor was any document marked on his behalf. The trial Court, by order dated 16.10.2018 passed in Criminal Misc. No.33 of 2017, had granted interim maintenance of ₹4,000/- per month to the respondent. Aggrieved by the same, she had filed Criminal Revision Petition No.204 of 2018 before the Jurisdictional Sessions Court, and even in the said proceedings, the husband had not participated.

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The learned Sessions Judge by order dated 03.07.2019, allowed the revision petition and the order of maintenance awarded by the learned Magistrate was enhanced to ₹9,000/- per month to be paid by the husband during the lifetime of his wife from the date of filing of the petition before the trial Court. Assailing the aforesaid two orders, the petitioner-husband is before this Court.

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NC: 2025:KHC-D:12057 CRL.P No. 101453 of 2020

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HC-KAR

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Learned counsel for the petitioner on instruction submits that pursuant to the interim order passed by this Court in this petition, petitioner is paying monthly maintenance to the respondent at the rate of ₹9,000/- per month and the arrears of maintenance is also cleared as on this date.

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Learned counsel for the respondent does not dispute the said submission made by the learned counsel for the petitioner.

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Learned counsel for the petitioner submits that petitioner intends to continue paying maintenance at the rate of ₹9,000/- per month to his wife during her lifetime or till she gets remarried and therefore the petition may be accordingly disposed off.

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Submission is placed on record.

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Petition is accordingly disposed off .

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Sd/(S.VISHWAJITH SHETTY) JUDGE

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KGK/ CT:BCK LIST NO.: 1 SL NO.: 54

Ramesh S/O. Hanumantappa Guggari v. Smt. Netravati

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Ramesh S/O. Hanumantappa Guggari v. Smt. Netravati

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