Partly allowed¶57

Raghavendra v. Smt. Neeraja @ Laxmi

Karnataka HC16 Dec 2025CRL.P/201272/2025

Case brief

AI extract

What is this about?

Keywords: interim maintenance; Section 12 D.V. Act; Section 20 D.V. Act; vicarious liability of in-laws; father-in-law; mother-in-law; brother-in-law; economic abuse; modification of maintenance order; Section 482 Cr.P.C.; Section 528 BNSS; Crl.Misc.No.79/2025 Raichur; Crime No.23/2024; parallel proceedings; Kalaburagi Bench. Relevant when advising whether in-laws can be made liable for interim maintenance under the Protection of Women from Domestic Violence Act where the application is filed only against the husband.

What did the court decide?

Maintenance order set aside insofar as petitioner Nos. 2 to 4 are concerned; petitioner No.1 (husband) directed to pay interim maintenance at Rs.8,000 per month pending consideration of the proceedings in Crl.Misc.No.79/2025. ¶57

Raghavendra Vs Smt. Neeraja @ Laxmi — Domestic Violence | Karnataka HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the in-laws (petitioner Nos. 2 to 4) are obligated to pay interim maintenance, and whether the order granting interim maintenance warrants modification insofar as petitioner Nos. 2 to 4 are concerned.

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Court's answer

It is trite law that the primary and statutory obligation to maintain the wife rests upon the husband.

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Ratio / Principle

Interim maintenance cannot be mechanically imposed on the mother-in-law and father-in-law, who are themselves dependant on the husband.

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Key takeaways

The brother-in-law is likewise not obligated to maintain the sister-in-law where the Section 12 application admittedly is filed only against petitioner No.1/husband.ratio¶49
The D.V. Act does not contemplate automatic or vicarious imposition of monetary liability on the in-laws; under Section 20, monetary relief lies only against a person shown to have committed domestic violence who has the means and obligation to provide such relief.ratio¶49
While the court below was justified in granting interim maintenance (against the husband), it clearly erred in directing petitioner Nos. 2 to 4 to pay interim maintenance; the impugned order therefore required modification.

Detailed headnote1 paragraphs

Interim maintenance under Section 12 of the D.V. Act - liability of in-laws - Held: (i) the primary and statutory obligation to maintain the wife rests upon the husband; (ii) the D.V. Act does not contemplate automatic or vicarious imposition of monetary liability on the father-in-law, mother-in-law or brother-in-law, Section 20 permitting monetary relief only against a person shown to have committed domestic violence who has the means and obligation to provide it; (iii) the trial court erred in fastening interim maintenance on petitioner Nos. 2 to 4 without adverting to any economic abuse attributable to them, one of whom is a student pursuing MBA. Order modified: maintenance set aside qua petitioner Nos. 2 to 4; husband (petitioner No.1) to pay Rs.8,000 per month pending Crl.Misc.No.79/2025. Petition under S.482 Cr.P.C. (old)/S.528 BNSS partly allowed.

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NC: 2025:KHC-K:7800 CRL.P No. 201272 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA

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KALABURAGI BENCH

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DATED THIS THE 16^TH DAY OF DECEMBER, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM

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CRIMINAL PETITION NO.201272 OF 2025 (482(Cr.PC)/528(BNSS))

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BETWEEN:

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RAGHAVENDRA S/O VASUDEVA P., AGE: 32 YEARS, OCC: DIRECT SELLING AGENT, R/O. NEAR JHANDA KATTE, PATEL NAGAR, 2^ND CROSS, HOSPET, VIJAYAPURA-583 201.

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VASUDEVA P. S/O NARAYANA P.,

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AGE: 59 YEARS, OCC: CONTROLLER IN NEKSRTC, R/O. NEAR JHANDA KATTE, PATEL NAGAR, 2^ND CROSS, HOSPET VIJAYANAGAR-583 201.

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Digitally signed by NAGARAJA B M Location: HIGH COURT OF KARNATAKA

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LALITHA W/O VASUDEVA P., AGE: 51 YEARS, OCC: HOUSEHOLD, R/O. NEAR JHANDA KATTE, PATEL NAGAR, 2^ND CROSS, HOSPET VIJAYANAGAR-583201.

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MANJUNATHA S/O VASUDEVA P., AGE: 23 YEARS, OCC: STUDENT, R/O. NEAR JHANDA KATTE, PATEL NAGAR, 2^ND CROSS, HOSPET VIJAYANAGAR-583 201, (ACCUSED NO.4 AS PER CHARGE SHEET), (ADDRESS SHOWN BY THE COMPLAINANT), STUDENT AT M.P. BIRLA INSTITUTE OF MANAGEMENT,

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NC: 2025:KHC-K:7800 CRL.P No. 201272 of 2025

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HC-KAR

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RACE COURSE ROAD, BENGALURU, STUDYING MBA, RESIDING AT H.NO. 33/2, BEHIND ADITYA ANUGRAH, 6^TH AVENUE, F MAIN ROAD, PIPE LINE, MALLESHWARAM, BENGALURU-560003.

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…PETITIONERS

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(BY SRI. MAHANTESH PATIL, ADVOCATE)

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AND:

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SMT. NEERAJA @ LAXMI W/O RAGHAVENDRA, AGE: 25 YEARS, OCC: HOUSEHOLD, R/O. KALLUR VILLAGE, TQ. SIRWAR, DIST. RAICHUR-584 129.

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…RESPONDENT

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(BY SRI. ARUNKUMAR AMARGUNDAPPA, ADVOCATE)

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THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. (OLD), UNDER SECTION 528 OF BNSS (NEW), PRAYING TO QUASH THE IMPUGNED ORDER DATED 13.06.2025 IN CRL.MISC.NO. 79/2025 WHICH IS PENDING BEFORE THE LEARNED III ADDL. SENIOR CIVIL JUDGE AND JMFC AT RAICHUR.

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

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CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM

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NC: 2025:KHC-K:7800 CRL.P No. 201272 of 2025

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HC-KAR

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ORAL ORDER

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In the captioned petition, the petitioner are primarily assailing the interim maintenance awarded by the Court under Section 12 of D.V.Act. The Court while allowing the application filed by the wife seeking interim maintenance at the rate of Rs.20,000/- per month has allowed the application in part and granted interim maintenance at the rate of Rs.8,000/- per month pending consideration of the proceedings under Section 12 of D.V. Act.

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The petitioners have approached this Court seeking setting aside of the impugned order granting interim maintenance of Rs.8000 per month , contending that the respondent has already set the criminal law in motion by lodging a complaint in Crime No.23/2024. It is their specific case that both the criminal prosecution and the proceedings under the D.V. Act arise out of the very same cause of action and, therefore, the respondent is not entitled to maintain parallel proceedings.

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4 - NC: 2025:KHC-K:7800 CRL.P No. 201272 of 2025

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HC-KAR

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Heard the learned counsel on record. Perused

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the order impugned.

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The short point that needs consideration is as

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to;

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"whether the in-laws (petitioner Nos. 2 to 4) are obligated to pay interim maintenance and the order granting interim maintenance needs warrants insofar as petitioner Nos. 2 to 4 are concerned."

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It is not in dispute that petitioners 2 and 3 are the father-in-law and mother-in-law of

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respondent/complainant, while petitioner No.4 is the brother-in-law. Petitioner No.4 is the younger brother of petitioner No.1, who is the husband of respondent/wife. It

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is the trite law that primary and statutory obligation to maintain the wife rests upon the husband. Interim maintenance cannot be mechanically imposed on the mother-in-law and father-in-law who themselves are dependant on her husband. Similarly, the brother-in-law

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NC: 2025:KHC-K:7800 CRL.P No. 201272 of 2025

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HC-KAR

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is also not obligated to maintain sister-in-law when admittedly Section 12 application is filed against petitioner No.1/husband. The D.V. Act does not contemplate automatic or vicarious imposition of monetary liability on the in-laws. Though Section 20 of D.V. Act contemplates grant of monetary relief on a person who is shown to have committed domestic violence and who has the means and obligation to provide such relief.

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In such circumstances, though the Court below was justified in granting interim maintenance, the Court below clearly erred in directing petitioner Nos.2 to 4 for payment of interim maintenance. Therefore, the order impugned needs to be modified. The trial Court has not adverted to the existence of economic abuse attributed to in-laws and brother-in-law. Petitioner No.4 who is the student and presently pursuing MBA at Bengaluru is also now directed to pay maintenance, when the primary responsibility of petitioner No.1 to pay interim maintenance.

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NC: 2025:KHC-K:7800 CRL.P No. 201272 of 2025

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HC-KAR

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