Sri a M Suresh Raj Vs Smt J Hemalatha

SRI A M SURESH RAJ S/O LATE MUNIVENKATAPPA, AGED ABOUT 54 YEARS, NO.807, ‘B’ BLOCK, PRESTIVE LEELA, HAL OLD AIRPORT ROAD, 2^ND STAGE, KODIHALLI, BENGALURU-560008 …PETITIONER

¶12

(BY SRI NATARAJA H T., ADVOCATE)

¶13

AND:

¶14

SMT. J. HEMALATHA W/O A M SURESH RAJ, AGED ABOUT 53 YEARS, SETTL MINORI, HAL CENTRAL TOWNSHIP, JAWARTHAR NAGAR,

¶15

2 -

¶16

NC: 2025:KHC:30815 CRL.P No. 6083 of 2025

HC-KAR

MARATJAHALLI,

BENGALURU-560037

…RESPONDENT

(BY SRI ARUN G., ADVOCATE)

¶22

THIS PETITION IS FILED UNDER SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE, 1973 (UNDER SECTION 528 THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023) BY PETITIONER PRAYING THAT, THIS HON’BLE COURT MAY BE PLEASED TO SET ASIDE THE ORDER OF ISSUANCE OF NOTICE BY THE LEARNED SESSIONS JUDGE IN CRL.A NO.25138/2025 ON THE FILE OF THE LXXIV ADDITIONAL CITY CIVIL AND SESSIONS COURT AT MAYOHALL, BENGALURU (CCH-75), DATED 15.04.2025 AND TO RECONSIDER THE INTERIM APPLICATION ON MERITS AND TO QUASH THE ORDER DATED 17.03.2025, PASSED IN CRL.MIS.211/2023 BY THE JUDICIAL MAGISTRATE FIRST CLASS, TRAFFIC COURT-I AT MAYO HALL, BENGALURU AND ALSO FURTHER BE PLEASED TO GRANT ANY OTHER RELIEF/RELIEFS THAT THIS HONBLE COURT DEEMS FIT UNDER THE CIRCUMSTANCES OF THE CASE ALONG WITH THE COSTS OF THE APPEAL IN THE INTEREST OF JUSTICE AND EQUITY.

¶23

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

¶24

3 -

¶25

NC: 2025:KHC:30815 CRL.P No. 6083 of 2025

¶26

HC-KAR

¶27

CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR

¶28

ORAL ORDER

¶29

This petition is filed by the appellant against the order dated 15.04.2025 passed in Crl.A.No.25138/2025 on the file of the LXXIV Additional City Civil and Sessions Court, Mayohall, Bengaluru (CCH-75) (“the First Appellate Court” for short), whereby the First Appellate Court declined to pass an ex parte order of stay sought for by the petitioner/appellant and directed for issuance of notice on I.A.No.1 for stay filed by the petitioner/appellant to the respondent.

¶30

Heard learned counsel for the petitioner/appellant

¶31

and learned counsel for the respondent and perused the material on record.

¶32

A perusal of the material on record would indicate that the respondent wife instituted a petition in Crl.P.211/2023 on the file of the Judicial Magistrate First Class, Traffic Court-I, Mayohall, Bengaluru (“the Trial Court”

¶33

4 - NC: 2025:KHC:30815 CRL.P No. 6083 of 2025

¶34

HC-KAR

¶35

for short) against the petitioner/appellant/husband under Section 12 of the Protection of Women from Domestic Violence Act (“PWDV Act” for short) seeking various reliefs including maintenance in her favour and their children. In the said petition, the respondent filed an application under Section 23(1)(2) of the PWDV Act, seeking interim maintenance, which was allowed by the Trial Court vide order dated 17.03.225. Aggrieved by the said order the petitioner/appellant filed an appeal in Crl.A.No.25138/2025, in which, he sought for stay of the order of the Trial Court. By the impugned order dated 15.04.2025, the First Appellate Court declined to pass an order of stay, and instead, directed issuance of notice to respondent/wife. Aggrieved by the same, the petitioner is before this Court by way of the present petition.

¶36

Learned counsel for the petitioner submits that, the Crl.A.No.25138/2025 is posted before the First Appellate Court on 09.09.2025, and the said appeal may be preponed from 09.09.2025 to 21.08.2025, with a direction to the First Appellate Court to dispose of I.A.No.I within stipulated time

¶37

5 -

¶38

NC: 2025:KHC:30815 CRL.P No. 6083 of 2025

¶39

HC-KAR

¶40

frame and by keeping the order dated 17.03.2025 passed by the Trial Court in abeyance till disposal of I.A.No.I by the First Appellate Court in Crl.A.No.25138/2025.

¶41

Per contra , learned counsel for respondent No.2 on instruction submits that, he has no objection for the appeal in Crl.A.No.25138/2025 to be preponed from 09.09.2025 to 21.08.2025 for consideration of I.A.No.I for stay filed by the petitioner/appellant and disposal of the same within a stipulated time frame by keeping the order of the Trial Court in abeyance, till disposal of I.A.No.I by the First Appellate Court.

¶42

In view of the aforesaid facts and circumstances and joint submissions made by both the sides, I deem it appropriate to dispose of this petition by issuing certain directions to the First Appellate Court. In the result, I pass the following;

¶43

ORDER

¶44

(i) The petition is hereby disposed off.

¶45

6 - NC: 2025:KHC:30815 CRL.P No. 6083 of 2025

¶46

HC-KAR

¶47

(ii) The First Appellate Court is directed to prepone/advance Crl.A.No.25138/2025 from 09.09.2025 to 21.08.2025, on which date, the respondent shall enter appearance in the said appeal along with her counsel and file objections to I.A.No.I on that day.

¶48

(iii) The First Appellate Court shall dispose off I.A.No.I filed by petitioner/appellant in Crl.A.No.25138/2025 after considering the objection of the respondent and hearing both sides and in accordance with law within a period of two weeks from 21.08.2025.

¶49

(iv) It further directed that, till disposal of I.A.No.I by the First Appellate Court, the order dated 17.03.2025 passed by the Trial Court in Crl.Misc.No.211/2023, shall remain in abeyance without prejudice to the rights and contentions of the parties.

¶50

(v) All the rival contentions on all aspects of the matter including I.A.No.I between the parties are kept open and no opinion is expressed on the merits/demerits of the rival contentions.

¶51

Subject to the aforesaid directions, petition stands

¶52

disposed off .

¶53

Sd/(S.R.KRISHNA KUMAR) JUDGE

¶54

EM

¶55

List No.: 19 Sl No.: 7

Sri a M Suresh Raj v. Smt J Hemalatha

Case brief

What is this about?

What did the court decide?

Sri a M Suresh Raj v. Smt J Hemalatha

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

Case details

Similar cases

The Lead Factory Vs the Assistant Commissioner of Commercial Taxes

Harendra Vs State of Karnataka

Sri M Venkatesh Vs Harendra

Manu C @ Madenuru Manu Vs the State of Karnataka

M/S Jsw Steel Limited Vs the Joint Commissioner of Central Tax

Lokanath M D Vs State of Karnataka