A criminal revision petition regarding interim maintenance under Section 125 BNSS 2023. The High Court observed that while the awarded amount was modest due to lack of income proof, it dismissed the petition for being devoid of merit without enhancing the amount.
The petition challenging the interim maintenance order stands dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NC: 2025:KHC:30376 CRL.P No. 11261 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF AUGUST, 2025
BEFORE
THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
CRIMINAL PETITION NO. 11261 OF 2025
BETWEEN:
SRI SUMESH M.V S/O LATE KUNNI RAMAN AGED ABOUT 39 YEARS R. AT BEHIND MUTHAPPA TEMPLE MADIKERI, KODAGU DISTRICT - 571 201.
&PETITIONER
(BY SRI G.B. NANDISH GOWDA, ADV.)
AND:
SMT. PAVITHRA K.P W/O SUMESH M.V AGED ABOUT 34 YEARS R.AT NAGROOR VILLAGE SOMWARPET TALUK KODAGU DISTRICT - 571 236.
&RESPONDENT
Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA
THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNNS) PRAYING TO SET ASIDE THE ORDER DATED 18.01.2025 PASSED BY THE COURT OF THE 1ST ADDL.DISTRICT AND SESSIONS JUDGE AND J.M.F.C, KODAGU AT MADIKERI IN CRL.RP.NO.119/2024 BY CONFIRMING THE ORDER DATED 21.06.2024 PASSED BY THE COURT OF THE PRL.CIVIL JUDGE AND J.M.F.C SOMWARPET IN CRL.MISC.NO.100/2022.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM:
HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
NC: 2025:KHC:30376 CRL.P No. 11261 of 2025
HC-KAR
ORAL ORDER
This petition is filed by the petitioner/husband against the interim maintenance awarded by the learned Magistrate at the rate of ¹4,000/- per month to the respondent/wife. The said order was challenged by the petitioner/husband by filing a revision before the revisional Court. Revisional Court has dismissed the revision on the ground that the order under challenge is an interlocutory order and therefore the revision is not maintainable.
been produced to substantiate his exact income. Conversely, the petitioner/husband has claimed that the respondent/wife is
HC-KAR
employed as a school teacher and is gainfully earning, but even this assertion remains unsupported by cogent proof.
modest standard of living. The amount so awarded is barely sufficient to meet subsistence-level expenses and falls short of fulfilling the legislative intent underlying Section 125 of BNSS, 2023.
HC-KAR
where precise proof of income is unavailable, the Court must take a pragmatic view, bearing in mind the social status of the parties, the needs of the claimant, and the standard of living enjoyed during the subsistence of marriage. In the present case, even in the absence of documentary proof of income, the quantum of Rs.4,000/- per month is manifestly on the lower side.
Sd/(SACHIN SHANKAR MAGADUM) JUDGE
ALB
List No.: 1 Sl No.: 66
2 issues framed by the court
Whether the High Court should interfere with the interim maintenance order when income proofs are unavailable.
Whether the awarded interim maintenance of Rs. 4,000 per month is inadequate given the cost of living.
1 provisions across 1 enactments
SRI SUMESH M.V
SMT. PAVITHRA K.P
SACHIN SHANKAR MAGADUM
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
