Dismissed¶37

Mr. Vishwanath v. Smt. Mangala

Karnataka HC8 Oct 2025CRL.P/12988/2024

Case brief

AI extract

What is this about?

CRL.P No. 12988 of 2024; High Court of Karnataka, Bengaluru; Mohammad Nawaz; interim rent vs interim maintenance; Section 23(2) DV Act interim order; Section 19(f) alternative accommodation/rent; Section 25 alteration, modification or revocation; Section 12 DV Act petition; Section 125 Cr.P.C. maintenance; Section 482 Cr.P.C.; Section 528 BNSS; Crl.Misc.No.877/2024; IV Additional Civil Judge and JMFC Anekal; Rs.5,000/- per month interim rent; Rs.10,000/- separate residence rent prayer; Protection of Women from Domestic Violence Act, 2005; expeditious disposal of proceedings.

What did the court decide?

None to the petitioner; petition dismissed. The learned Magistrate was directed to expedite the proceedings, and I.A.No.1/2024 was disposed of. ¶37

Mr. Vishwanath Vs Smt. Mangala — Domestic Violence | Karnataka HC (2025)

What the court decided

AI extract

Outcome

None to the petitioner; petition dismissed. The learned Magistrate was directed to expedite the proceedings, and I.A.No.1/2024 was disposed of.

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Issue for consideration

Whether the order dated 05.07.2024 passed by the IV Additional Civil Judge and JMFC, Anekal, in Crl.Misc.No.877/2024, directing payment of Rs.5,000/- to the respondent, should be set aside on the petitioner's contention that it amounted to a further maintenance award despite interim maintenance of Rs.5,000/- allegedly already awarded in pending Section 125 Cr.P.C. proceedings. +1 more

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Court's answer

The impugned order directed payment of Rs.5,000/- per month towards interim rent, not interim maintenance; therefore the petitioner's contention that the respondent suppressed a prior identical maintenance award and thereby obtained an erroneous duplicate order cannot be accepted.

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Ratio / Principle

Under Section 19(f) of the Act the Court can direct the respondent to secure alternative accommodation for the aggrieved person or to pay rent for the same, and during pendency of the proceedings such an interim order can be passed under Section 23(2) of the Act.

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Key takeaways

Under Section 25 of the Act the learned Magistrate has power to alter, modify or revoke any order if there is change in the circumstances; in that view, no illegality was committed by the learned Magistrate in passing the impugned interim order.ratio¶36

Detailed headnote1 paragraphs

High Court of Karnataka (Mohammad Nawaz, J.) dismissed a criminal petition under Section 482 Cr.P.C. (Section 528 BNSS) filed by a husband seeking to set aside the order dated 05.07.2024 of the IV Additional Civil Judge and JMFC, Anekal, in Crl.Misc.No.877/2024, whereby he was directed to pay Rs.5,000/- per month to his wife. The Court held that the impugned order was one of interim rent, not interim maintenance, passed under Section 23(2) of the Protection of Women from Domestic Violence Act, 2005 in exercise of the power under Section 19(f) to secure alternative accommodation or pay rent for the aggrieved person; the pendency of a parallel Section 125 Cr.P.C. maintenance claim did not render it erroneous. Reliance was placed on Section 25 of the Act, under which the Magistrate may alter, modify or revoke the order upon change of circumstances, and it was held that no illegality was committed by the learned Magistrate. The Magistrate was directed to expedite the proceedings and I.A.No.1/2024 was disposed of.

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1 - NC: 2025:KHC:40061 CRL.P No. 12988 of 2024

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 8^TH DAY OF OCTOBER, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 12988 OF 2024

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BETWEEN:

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MR. VISHWANATH S/O NAGARAJU, AGED ABOUT 36 YEARS, R/AT MASTHENAHALLI VILLAGE, HENNAGARA POST, JIGANI HOBLI, ANEKAL TALUK, BENGALURU RURAL DIST - 560 105.

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…PETITIONER

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(BY SRI. BALAKRISHNA M R.,ADVOCATE)

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AND:

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Digitally signed by LAKSHMI T Location: High Court of Karnataka

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SMT. MANGALA W/O VISHWANATH, (UNDER DISPUTE) D/O CHANNANAYAKA, AGED ABOUT 38 YEARS, RESIDING AT: BASKARACHARI BUILDING, 1^ST FLOOR, OPP. PF OFFICE, 8^TH CROSS, SINGASANDRA, BENGALURU - 560 068.

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…RESPONDENT (BY SRI. V VISWANATH SETTY.,ADVOCATE)

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THIS CRL.P IS FILED U/S 482 CR.P.C (U/S 528 BNSS) PRAYING TO SET ASIDE THE ORDER DTD 05.07.2024 PASSED BY THE HONBLE IV ADDL. CIVIL JUDGE AND JMFC, ANEKAL, BENGALURU RURAL DISTRICT, IN CRL.MISC.NO.877/2024 GRANTING INTERIM MAINTENANCE OF RS.5,000/- TO THE

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NC: 2025:KHC:40061 CRL.P No. 12988 of 2024

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HC-KAR

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RESPONDENT U/S 23(2) OF D.V ACT, UNTILL FURTHER ORDERS FROM THE DATE OF PETITION.

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

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CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ

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ORAL ORDER

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Petitioner/husband has preferred this petition praying to set aside the order dated 05.07.2024, passed by the IV Additional Civil Judge and JMFC, Anekal, Bengaluru Rural District, in Crl.Misc.No.877/2024.

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Heard the respective parties and perused the

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material on record.

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The challenge to the impugned order is made

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on the notion that the said order is passed granting interim maintenance to the respondent. A perusal of the impugned order goes to show that the said order is passed directing the petitioner herein to pay a sum of Rs.5,000/per month towards interim rent. Hence, the contention of the learned counsel for the petitioner that the respondent has obtained the said order, suppressing the fact that an

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3 - NC: 2025:KHC:40061 CRL.P No. 12988 of 2024

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HC-KAR

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interim maintenance of Rs.5,000/- was already awarded to the respondent and therefore, such an order, once again directing a sum of Rs.5,000/- to be paid is erroneous etc. cannot be accepted, not withstanding the fact that both the proceedings, one initiated before the learned Magistrate under Section 125 of Cr.P.C., seeking maintenance and another under Section 12 of the Protection of Women from Domestic Violence Act, 2005, (for short 'the Act') seeking various other relief are pending consideration.

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In the petition filed under Section 12 of the Act, there is a prayer seeking a direction to the petitioner to pay rent for the house for a separate residence of the respondent (wife) at the rate of Rs.10,000/- per month, etc. The learned Magistrate thought it fit to direct the petitioner(husband) herein to pay an interim rent of Rs.5,000/- per month till further orders, from the date of petition.

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NC: 2025:KHC:40061 CRL.P No. 12988 of 2024

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HC-KAR

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Under Section 19(f) of the Act, the Court can

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direct the respondent to secure alternative accommodation for the aggrieved person or to pay rent for the same, if the circumstances so required. During pendency of the proceedings such an interim order, can be passed under Section 23(2) of the Act. Further, under Section 25 of the Act, the learned Magistrate has got power to alter, modify or revoke any order, if there is change in the circumstances. In that view of the matter, there is no illegality committed by the learned Magistrate.

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Petition is dismissed . The learned Magistrate

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shall expedite the proceedings.

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I.A.No.1/2024 is disposed of .

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Sd/(MOHAMMAD NAWAZ) JUDGE

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LDC

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List No.: 1 Sl No.: 22

Mr. Vishwanath v. Smt. Mangala

Case brief

What is this about?

What did the court decide?

Mr. Vishwanath v. Smt. Mangala

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

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