Dismissed¶¶34

Sanjeevamma v. Narayanappa

Karnataka HC7 Apr 2025CRL.P/11192/2024

Case brief

AI extract

What is this about?

Section 127 CrPC; enhancement of maintenance; change in circumstances; full and final settlement; mutual dissolution of marriage; Section 125 CrPC maintenance; Karnataka High Court at Bengaluru; CRL.P No. 11192 of 2024; Justice Hemant Chandangoudar; Chikkaballapura; Gowribidanur; CMC No.246/2016; Crl.R.P. No.1/2023; petition dismissed.

What did the court decide?

The petitioner has not proved any change in circumstances warranting enhancement of maintenance. ¶¶30

Sanjeevamma Vs Narayanappa — Maintenance and Alimony | Karnataka HC (2025)

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NC: 2025:KHC:14802 CRL.P No. 11192 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7^TH DAY OF APRIL, 2025

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BEFORE

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THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 11192 OF 2024 (482(Cr.PC) /

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528(BNSS))

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BETWEEN:

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SANJEEVAMMA

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W/O M NARAYANAPPA AGED ABOUT 49 YEARS, R/A MADAVANAGARA GOWRIBIDANUR TOWN CHIKKABALLAPURA DISTRICT-561 208.

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…PETITIONER

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(BY SRI. M.C. BASAVARAJU, ADVOCATE)

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AND:

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NARAYANAPPA

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Digitally signed by R HEMALATHA Location: High Court of Karnataka

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S/O NARASAPPA AGED ABOUT 51 YEARS R/A TALUK OFFICE COMPLEX GOWRIBIDANUR TOWN CHIKKABALLAPURA DISTRICT-561 208.

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…RESPONDENT

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(BY SRI. SANNAKKI UDAY KUMAR, ADVOCATE)

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THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNNS) PRAYING TO SET ASIDE THE ORDER DATED 18.07.2024 IN CRL.RP.NO.1/2023 PASSED BY THE III ADDL. DISTRICT AND SESSIONS JUDGE AT CHIKKABALLAPURA AND ORDER DATED 07.12.2022 IN CMC NO.246/2016 PASSED BY THE ADDL. CIVIL JUDGE AND J.M.F.C GOWRIBIDANUR

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

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NC: 2025:KHC:14802 CRL.P No. 11192 of 2024

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CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR

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ORAL ORDER

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The petitioner challenges the order dated 18.07.2024 in Crl.R.P. No.1/2023 passed by the III Additional District and Sessions Judge at Chikkaballapura, and the order dated 07.12.2022 in CMC No.246/2016 passed by the Additional Civil Judge and J.M.F.C., Gowribidanur, whereby the application filed under Section 127 of Cr.P.C. seeking enhancement of monthly maintenance was rejected.

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The petitioner is the wife, who had earlier filed a petition under Section 125 of Cr.P.C., wherein an order was passed directing the respondent-husband to pay monthly maintenance of Rs.200/-. The said maintenance was later enhanced. Subsequently, the respondent-husband filed a petition in M.C. No.11/2005 seeking dissolution of the marriage. In the said proceedings, the parties amicably resolved the dispute, and their marriage was mutually dissolved. As per the settlement, the petitioner received two sites and one residential house in full and final settlement of her claim, and the respondent agreed to pay Rs.1,500/- per month towards maintenance.

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Heard the learned counsel for the parties.

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Section 127 of Cr.P.C. provides that on proof of a change in the circumstances of any person receiving a monthly

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NC: 2025:KHC:14802 CRL.P No. 11192 of 2024

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allowance under Section 125, the Magistrate may modify the allowance as deemed fit. In the present case, the petitioner has not proved any change in circumstances warranting enhancement of maintenance.

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The residential house received by the petitioner from the respondent consists of two floors, one of which is occupied by the petitioner, and the other is leased to tenants, from whom she receives rent.

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In the proceedings initiated for dissolution of marriage, the petitioner agreed to accept two sites and one residential house as full and final settlement of her claim. Additionally, the respondent agreed to pay Rs.1,500/- per month. In the absence of any changed circumstances, the application filed under Section 127 of Cr.P.C. is not maintainable.

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I do not find any illegality in the impugned orders passed by the Trial Court and affirmed by the learned Sessions Court.

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8. Accordingly, the petition stands dismissed.

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Sd/(HEMANT CHANDANGOUDAR) JUDGE

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HR, List No.: 1 Sl No.: 102

Sanjeevamma v. Narayanappa

Case brief

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Sanjeevamma v. Narayanappa

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