Sri Veeranna S/O Prakash Asundi Vs Smt Sudha W/O Veeranna Asundi

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NC: 2025:KHC-D:6250 CRL.P No. 102269 of 2024

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 8^TH DAY OF APRIL 2025

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BEFORE

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THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

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CRIMINAL PETITION NO.102269 OF 2024

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BETWEEN:

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SRI. VEERANNA S/O. PRAKASH ASUNDI, AGE: 46 YEARS, OCC: AGRICULTURE AND BUSINESS, R/O: MRUTYUNJAYA NAGAR, BAILHONGAL – 591 102, TQ: BAILHONGAL, DIST: BELAGAVI.

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…PETITIONER

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(BY SRI. BALAGOUDA A. PATIL, ADVOCATE)

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AND:

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SMT. SUDHA W/O. VEERANNA ASUNDI, AGE: 42 YEARS, OCC: HOUSEHOLD WORK, R/O: BASAVESHWAR ASHRAYA COLONY, BAILHONGAL – 591 102,

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TQ: BAILHONGAL, DIST: BELAGAVI.

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Digitally signed by YASHAVANT NARAYANKAR Location: High Court of Karnataka, Dharwad Bench, Dharwad

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KUMARI KARTIKA VEERANNA ASUNDI, AGE: 11 YEARS, OCC: STUDENT, R/O: BASAVESHWAR ASHRAYA COLONY, BAILHONGAL – 591 102, TQ: BAILHONGAL, DIST: BELAGAVI.

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…RESPONDENTS

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(BY SRI. SANTOSH B. RAWOOT, ADVOCATE FOR R1; R2 IS MINOR REPRESENTED BY R1)

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THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C. SEEKING TO SET ASIDE THE ORDER DATED 23.02.2024 IN CRL.MISC. NO.231/2018 ON THE FILE OF THE PRL. CIVIL JUDGE AND JMFC, BAILHONGAL, THE INTERIM MAINTENANCE OF RS.2,500/EACH TO THE RESPONDENTS, AND THIS CRIMINAL PETITION BE ALLOWED WITH COST THROUGHOUT IN THE ENDS OF JUSTICE.

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NC: 2025:KHC-D:6250 CRL.P No. 102269 of 2024

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

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CORAM: THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

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ORAL ORDER

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This petition is filed under Section 482 of the Code of Criminal Procedure (hereinafter referred to as ‘the Cr.P.C.’, for short) praying to set aside the order dated 23.02.2024 passed in Criminal Miscellaneous No.231/2018 by the learned Principal Civil Judge and JMFC, Bailhongal, awarding interim maintenance of Rs.2,500/- per month each to the respondents.

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The respondents herein have filed a petition under Section 125 of Cr.P.C. in Criminal Miscellaneous No.231/2018 on the file of the learned Principal Civil Judge and JMFC, Bailhongal, against the petitioner herein seeking maintenance. In the said petition, the petitioner herein, who was the respondent, filed his statement of objections. Respondent No.1 filed I.A.I seeking interim maintenance. The petitioner herein has filed his

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NC: 2025:KHC-D:6250 CRL.P No. 102269 of 2024

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objections to the said application. The learned Magistrate has passed the impugned order dated 23.02.2024 awarding interim maintenance of Rs.2,500/- per month each to the respondents herein from the date of the application. The said order has been challenged by the petitioner in this petition.

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Heard the learned counsel for the petitioner and the learned counsel for the respondents.

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Learned counsel for the petitioner would contend that the relationship between the petitioner and the respondent is disputed and therefore, the learned Magistrate ought not to have awarded interim maintenance. He further contended that, he has produced Ex.R-3-voters card wherein the name of respondent No.1 is shown as Sudha Patil wife of Gajanand and Ration Card as Ex.R-6 wherein it has been shown as Suda G. Patil. He further submits that in the Aadhar card, his wife pooja is shown as wife of Veeranna Asundi and so also in the PAN card. He further submits the photograph of the marriage

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of the petitioner with Pooja and a child is born by name Basavaraj on 16.03.2012 and his birth certificate is also produced. Another child is born on 02.02.2016 wherein the petitioner is shown as the father and Smt. Pooja is shown as his mother. The learned Magistrate has swayed away by the marriage certificate Ex.P-1 and birth certificate Ex.P-2 and awarded interim maintenance. With these, he prayed to allow the petition.

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Learned counsel for the respondent would contend that, Ex.P-1-Marriage certificate, prima facie show the relationship between the petitioner and respondent No.1 and birth certificate of respondent No.2 which is at Ex.P-2 clearly show that he is the son of respondent No.1 and the petitioner. Based on the said documents, the learned Magistrate has rightly awarded interim maintenance. With these, he prayed for dismissal of the petition.

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5 - NC: 2025:KHC-D:6250 CRL.P No. 102269 of 2024

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Having heard the learned counsel, the Court

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has perused the impugned order and other material placed on record.

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In the petition filed by the respondents against the petitioner, it is stated that the marriage of the petitioner with respondent No.1 was a love marriage taken place on 22.10.2009 at Shivabasava Kalyana Mantapa, Bailhongal. Out of that marriage, respondent No.2 Kartika was born on 29.12.2014. The petitioner herein denied the relationship with the respondent and contended that respondent No.1 is married to one Gajanand Patil and the documents to that effect are marked as Ex.R-6-Ration Card and voter’s list as Ex.R-3. The learned Magistrate based on Ex.P-1 marriage certificate of the marriage of the petitioner with respondent No.1 and Ex.P-2 birth certificate of respondent No.2 has held that there is relationship between petitioner No.1 and the respondent and awarded maintenance. The petitioner herein has filed a suit in O.S. No.350/2021 seeking dissolution of marriage of the

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petitioner with respondent No.1. The said suit is filed subsequent to filing of the petition by the respondents claiming maintenance. Ex.P-1 and Ex.P-2, prima facie establish the relationship between the petitioner and the respondents. Unless the marriage of the petitioner with respondent No.2 is dissolved, as prayed in the said suit filed by the petitioner, the marriage subsists. Considering all these aspects, no grounds are made out for setting aside the impugned order.

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In the result, the petition is dismissed. As a consequence, pending I.As. stand disposed of.

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Sd/(SHIVASHANKAR AMARANNAVAR) JUDGE

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Kmv

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CT-ASC

Sri Veeranna S/O Prakash Asundi v. Smt Sudha W/O Veeranna Asundi

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Sri Veeranna S/O Prakash Asundi v. Smt Sudha W/O Veeranna Asundi

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