Sri.B.S Mukund Vs Smt.B.M.Rohini — Domestic Violence | Karnataka HC (2025)

Sri.B.S Mukund Vs Smt.B.M.Rohini — Domestic Violence | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Both revision petitions allowed in part by way of non-interference: the appellate court's direction to pay Rs.40,000/- per month interim maintenance stands undisturbed, declared interim, modifiable and not binding on the trial court; no opinion expressed on merits; all contentions kept open for the trial court; Registry directed to send back the records to the trial court and both parties to cooperate for early disposal.

Issue for consideration

Whether the judgment and order dated 07.12.2024 in Crl.A.No.1303/2024 directing the husband to pay Rs.40,000/- per month maintenance should be set aside and the trial court's order dated 06.05.2024 restored (Crl.R.P.No.408/2025, husband's petition). +2 more

Court's answer

Exercising jurisdiction under Section-397 of the Code of Criminal Procedure, this Court is not inclined to interfere with the impugned order (the appellate court's direction of Rs.40,000/- per month maintenance).

Ratio / Principle

The trial court shall proceed to decide the case based on the evidence led by the parties, without being influenced by any of the observations made by the Appellate Court.

Key takeaways

Because the order under challenge is only an interim maintenance order, it should not be misconstrued as expressing any opinion on the merits of the claim of either the husband or the wife.obiter¶64
The interim order granted by the Appellate Court is capable of modification and the trial court is not bound by the order passed by the Appellate Court.obiter¶68
The Rs.40,000/- maintenance ordered to be paid by the appellate court should not be construed as an indication of the entitlement of the wife or the liability of the husband; based on the evidence, the claim for maintenance may either be rejected or granted.

Detailed headnote1 paragraphs

Cross criminal revisions (CRL.RP No. 408/2025 by the husband; CRL.RP No. 848/2025 by the wife) under S.397 r/w S.401 Cr.P.C. (also noted as filed u/S 438 r/w 442 BNSS) against interim-maintenance orders in proceedings under the Protection of Women from Domestic Violence Act, 2005: the Metropolitan Magistrate, Traffic Court-III, Bengaluru had rejected the wife's I.A.Nos.I-IV on 06.05.2024 (while directing payment of the children's school expenses), and the LX Addl. City Civil and Sessions Judge, Bengaluru allowed her appeal on 07.12.2024, directing maintenance of Rs.40,000/- per month from the date of petition till disposal by the trial court. The High Court (Anant Ramanath Hegde J.), exercising S.397 jurisdiction, declined to interfere, observing that the order being interim, it is capable of modification and does not bind the trial court, and neither indicates the wife's entitlement nor the husband's liability; all contentions were kept open for decision by the trial court on the evidence, uninfluenced by the appellate court's observations. Petitions allowed in part; records returned to the trial court. The husband's plea that the wife was self-sufficient (alleged Rs.1 crore transferred/lent to her brother yielding Rs.1 lakh per month) and the wife's denial thereof were left unadjudicated.

1 -

NC: 2025:KHC:37189 CRL.RP No. 408 of 2025 C/W CRL.RP No. 848 of 2025

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 16^TH DAY OF SEPTEMBER, 2025

BEFORE

THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE

CRIMINAL REVISION PETITION NO.408 OF 2025 (397(Cr.PC) / 438(BNSS)-) C/W

CRIMINAL REVISION PETITION NO.848 OF 2025 (397(Cr.PC) / 438(BNSS)-)

IN CRL.RP No.408/2025

BETWEEN:

SRI. B. S. MUKUND, S/O B. S. SRINIVAS, AGED ABOUT 43 YEARS, RESIDING AT NO.53,16^TH CROSS, 10^TH MAIN, NEAR MES COLLEGE,MALLESWARAM, BENGALURU - 560 055

…PETITIONER

Digitally signed by PRAMILA G V Location: HIGH COURT OF KARNATAKA

(BY SRI. JAGADISH BALIGA N., ADVOCATE)

AND:

SMT. B. M. ROHINI, AGED ABOUT 41 YEARS, W/O B. S. MUKUND, RESIDING AT NO.4162, TOWER-4, PHOENIX ONE BENGALURU WEST APARTMENTS, DR. RAJKUMAR ROAD, BENGALURU - 560 010

…RESPONDENT

(BY SRI. RAJESH MAHALE, SENIOR COUNSEL FOR MS. VAISHNAVI S., ADVOCATE)

NC: 2025:KHC:37189 CRL.RP No. 408 of 2025 C/W CRL.RP No. 848 of 2025

2 -

HC-KAR

THIS CRL.RP IS FILED UNDER SECTION 397 R/W 401 CR.PC (FILED U/S 438 R/W 442 BNSS) PRAYING TO ALLOW THIS PETITION AND SET ASIDE THE JUDGMENT AND ORDER DATED 07.12.2024 IN CRL.A.NO.1303/2024 ON THE FILE OF THE LX ADDL. CITY CIVIL AND SESSIONS JUDGE BENGALURU (CCH-61) AND THERE BY RESTORE ORDER DATED 06.05.2024 PASSED ON I.A. NOS. I TO IV IN CRL.MISC.NO.178/2023 ON THE FILE OF THE METROPOLITAN MAGISTRATE, TRAFFIC COURT III AT BENGALURU, ETC

IN CRL.RP NO.848/2025

BETWEEN:

SMT. B. M. ROHINI, AGED ABOUT 41 YEARS, W/O B S MUKUND,R/AT NO. 4162, TOWER - 4, PHOENIX ONE, BENGALURU WEST, APARTMENTS, DR RAJKUMAR ROAD, BENGALURU – 560 010

...PETITIONER

(BY SRI. RAJESH MAHALE, SENIOR COUNSEL FOR MS. VAISHNAVI S., ADVOCATE)

AND:

SRI. B. S. MUKUND, S/O B. S. SRINIVAS, AGED ABOUT 43 YEARS, R/AT D.NO.53,16^TH CROSS ROAD, 10^TH MAIN, NEAR MES COLLEGE,MALLESHWARAM BENGALURU – 560 055.

...RESPONDENT

(BY SRI. JAGADISH BALIGA N., ADVOCATE)

3 - NC: 2025:KHC:37189 CRL.RP No. 408 of 2025 C/W CRL.RP No. 848 of 2025

HC-KAR

THIS CRL.RP IS FILED UNDER SECTION 397 R/W 401 CR.PC (FILED U/S 438 BNSS) BY PRAYING TO a) SETASIDE THE ORDER DATED 07.12.2024 PASSED BY THE LX ADDL. CITY CIVIL AND SESSIONS JUDGE BENGALURU (CCH-61) IN CRL.A NO.1303/2024 VIDE ANNEXURE-A; b) SET ASIDE THE ORDER DATED 06.05.2024 PASSED BY THE METROPOLITAN MAGISTRATE, TRAFFIC COURT III AT BENGALURU IN CRIMINAL MISC NO. 178/2023 VIDE ANNEXURE B AND;3. ALLOW THE IA Nos.1 to 4 ON CRL. MISC.178/2023 ON THE FILE OF M.M.T.C – 3 AT BENGALURU, FILED BY THE PETITIONER UNDER SECTION 23 R/W SECTION 19 (1)(a) & (d), SECTION 23 R/W SECTION 20(1)(b)(d), SECTION 23 R/W 19 (1)(a) & (2) AND SECTION 19 (1)(f) OF PWDV ACT PRAYING TO RESTRAINING THE RESPONDENTS FROM DISPOSSESSING OR DISTURBING THE POSSESSION OF THE PETITIONER FROM THE MATRIMONIAL HOME, DIRECT THE RESPONDENTS TO PAY INTERIM MAINTENANCE OF RS.2,00,000/- PER MONTH AND DIRECT THE RESPONDENT TO PERMIT THE PETITIONER AND HER CHILDREN TO RESIDE IN THE MATRIMONIAL HOME I.E., NO.53, 16^TH CROSS, 10^TH MAIN NEAR MES COLLEGE, MALLESWARAM, BENGALURU IN THE INTEREST OF JUSTICE AND EQUITY, ETC.

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

CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE

4 -

NC: 2025:KHC:37189 CRL.RP No. 408 of 2025 C/W CRL.RP No. 848 of 2025

HC-KAR

ORAL ORDER

petitioner/husband assailing the order passed by the Metropolitan Magistrate Traffic Court-III, Bengaluru in Criminal Misc. No.178/2023 and the order in Criminal Appeal No.1303/2024 on the file the LX Additional City Civil And Sessions Judge Bengaluru.

In terms of the order dated 06.05.2024, I.A.Nos.I to IV filed by the wife seeking relief under the provisions of the Protection of Women from Domestic Violence Act, 2005 was rejected.

The Trial court also directed the husband to pay

the school expenses to the children, subject to the wife furnishing necessary documents relating to the school expenses.

5 - NC: 2025:KHC:37189 CRL.RP No. 408 of 2025 C/W CRL.RP No. 848 of 2025

HC-KAR

The said order is called in question by the wife in Crl.A.No.1303/2024. The appeal is allowed and in terms of the order impugned, the appellate court directed the husband to pay Rs.40,000/- per month as maintenance from the date of petition till the date of disposal of the proceeding by the trial court.

The petitioner-husband has filed Crl.R.P.No.408/2025 to set-aside the order of the appellate court and restore the order of the trial court. The wife has also filed petition in Crl.R.P.No.848/2025 seeking enhancement of the monthly maintenance.

Heard the learned counsel for the husband and learned Senior Counsel for the wife.

The learned counsel for the husband would submit that the wife is not entitled to any maintenance as she has already received Rs.1 Crore from the husband and the said amount is transferred to the account of wife's

brother and her brother is paying Rs.1 lakh per month

6 - NC: 2025:KHC:37189 CRL.RP No. 408 of 2025 C/W CRL.RP No. 848 of 2025

HC-KAR

towards interest on the Rs.1 Crore transferred by the wife to the account of her brother. Thus it is urged that the wife is self-sufficient and not entitled to any monthly maintenance. It is also urged that two minor children are with the wife, however, the husband is taking care of the school expenses of the children in terms of the directions issued by the trial court and there is no justification for the Appellate Court to award a monthly maintenance of Rs.40,000/- per month.

Learned Senior Counsel appearing for the wife would submit that the contention that Rs.1 crore is paid by the wife to her brother is an incorrect submission and no such amount is transferred. It is also urged that even according to the husband, the wife has lent Rs.1 Crore loan to her brother and the brother is repaying the said amount by paying Rs.1 lakh per month and in that event, it cannot be said that the wife is capable of maintaining herself.

7 - NC: 2025:KHC:37189 CRL.RP No. 408 of 2025 C/W CRL.RP No. 848 of 2025

HC-KAR

Learned counsel for the petitioner submits that

the husband has paid the amount in terms of the order passed by the Appellate Court. Learned Senior Counsel for the respondent would submit that he has no instructions in this regard.

This Court has considered the contentions of

the learned counsel and perused the records.

Admittedly, the husband and wife are before this Court assailing the order granting interim maintenance. It is stated that the trial has commenced before the trial court and because the records are secured by this Court, there is no progress in the proceedings before the trial court.

Since the court below has passed only an interim order to pay the maintenance to the wife, this Court is of the view that the said order should not be misconstrued as having expressed any opinion on the merits of the claim of either the husband or the wife.

8 - NC: 2025:KHC:37189 CRL.RP No. 408 of 2025 C/W CRL.RP No. 848 of 2025

HC-KAR

The interim order granted by the Appellate

Court is capable of modification and the trial court is not bound by the order passed by the Appellate Court.

Based on the evidence, the claim for maintenance may either be rejected or granted and Rs.40,000/- maintenance ordered to be paid by the appellate court should not be construed as an indication of the entitlement of the wife or the liability of the husband.

Under these circumstances, in exercise of

jurisdiction under Section-397 of Code of Criminal Procedure, this Court is not inclined to interfere with the impugned order.

The trial court shall proceed to decide the case, based on the evidence led by the parties, without being influenced by any of the observation made by the Appellate Court.

9 - NC: 2025:KHC:37189 CRL.RP No. 408 of 2025 C/W CRL.RP No. 848 of 2025

HC-KAR

It is also made clear that this Court has not

opined anything on the claim of the parties and all the contentions of the parties are kept open to be decided by the trial Court.

Petitions are allowed in part.

Registry to send back the records to the

concerned trial court. Both the parties shall co-operate for early disposal of the petition.

SD/(ANANT RAMANATH HEGDE) JUDGE

JJ

List No.: 2 Sl No.: 2