Mahesh v. Bharathi

Karnataka HC22 Aug 2025CRL.RP/1254/2025

Case brief

AI extract

What is this about?

Interim maintenance — ex parte order challenged in revision (CRL.RP 1254/2025, Karnataka HC, Anant Ramanath Hegde J., decided 22.08.2025) — order not set aside — liberty to petitioner to seek modification before JMFC Malur (next hearing 28.08.2025) — Trial Court to decide after hearing both sides per Rajnesh v. Neha, (2021) 2 SCC 324 guidelines — CrPC Ss.397/401; BNSS Ss.438/442.

What did the court decide?

Criminal Revision Petition disposed of without setting aside the impugned order; petitioner permitted to appear before the Trial Court and seek modification of the ex parte interim maintenance order, which is to be decided after hearing both sides in the light of Rajnesh vs. Neha guidelines. ¶¶35

Mahesh Vs Bharathi — Karnataka HC (2025) — LawSathi Research

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NC: 2025:KHC:32846 CRL.RP No. 1254 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22^ND DAY OF AUGUST, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE CRIMINAL REVISION PETITION NO. 1254 OF 2025

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BETWEEN:

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MAHESH, S/O K LAKSHMANA GOWDA, AGED ABOUT 40 YEARS, R/AT DYAPASANDRA VILLAGE, KASABA HOBI, MALUR TALUK, KOLAR DISTRICT - 563130.

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&PETITIONER

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(BY SRI SREEDHARA G.R.,ADVOCATE)

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AND:

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Digitally signed by C HONNUR SAB Location: HIGH COURT OF KARNATAKA

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BHARATHI, W/O MAHESH, AGED ABOUT 35 YEARS,

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PRIYANJALI M, D/O MAHESH, AGED ABOUT 6 YEARS MINOR UNDER THE CARE

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AND CUSTODY OF HER MOTHER AS NATURAL GUARDIAN OF P1 R/O SONNAHALLI VILLAGE KASABA HOBLI MALUR TLAUK KOLAR DISTRICT 563130

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NC: 2025:KHC:32846 CRL.RP No. 1254 of 2025

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HC-KAR

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UTVIKSHA M D/O MAHESH AGED ABOUT 2 YEARS MINOR UNDER THE CARE AND CUSTODY OF HER MOTHER AS NATURAL GUARDIAN OF P 1 R/O SONNAHALLI VILLAGE KASABA HOBLI MALUR TLAUK KOLAR DISTRICT 563130 THE RESPONDENT NO.1 TO 3 ARE THE R/O SONNAHALLI VILLAGE, KASABA HOBLI, MALUR TALUK, KOLAR DISTRICT - 563130.

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&RESPONDENTS

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THIS CRL.RP IS FILED U/S 397 R/W 401 CR.PC (FILED U/S 438 R/W 442 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO SET ASIDE THE ORDER DATED 24/07/2025 PASSED BY THE II ADDITIONAL CIVIL JUDGE AND JMFC AT MALUR IN CMC NO.240/2025, PENDING ON THE FILE OF II ADDITIONAL CIVIL JUDGE AND JMFC AT MALUR.

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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 ANANT RAMANATH HEGDE

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NC: 2025:KHC:32846 CRL.RP No. 1254 of 2025

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HC-KAR

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ORAL ORDER

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This Criminal Revision Petition is filed assailing the

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exparte interim maintenance order granted by JMFC, Malur.

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Learned counsel for the petitioner submits that the

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exparte order is passed without any basis and without assigning any reasons. It is submitted that the Trial Court was required to assign reasons.

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It is noticed that next date of appearance before

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the Trial Court is on 28.08.2025. The petitioner shall appear before the Trial Court and is permitted to move an application for modification of the order. After hearing both sides, the Trial Court shall pass orders and also bear in mind the guidelines laid down by the Hon'ble Apex Court in the case of Rajnesh vs.

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Neha and Another¹ .

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4. Accordingly, the Criminal Revision Petition is disposed of.

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Sd/- (ANANT RAMANATH HEGDE) JUDGE

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GVP List No.: 2 Sl No.: 19

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1 (2021) 2 SCC 324

Mahesh v. Bharathi

Case brief

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Mahesh v. Bharathi

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