Dismissed¶29

Sri. Mahesh Kumar. K.R. v. Smt. Latha

Karnataka HC10 Sept 2025CRL.RP/583/2023

Case brief

AI extract

What is this about?

Karnataka High Court, Bengaluru; CRL.RP No. 583 of 2023; decided 10-09-2025 by Anant Ramanath Hegde, J.; revision under Sections 397/401 Cr.P.C. against DVC.No.1/2019 order (Principal Civil Judge and JMFC, Ramanagara, 24-05-2022) confirmed in Cr.A.No.27/2019 (III Additional District and Sessions Judge, Ramanagara, 25-01-2023); Section 20 Protection of Women from Domestic Violence Act; school admission fees of minor child in mother's care; wife's capacity to pay not established; petition dismissed.

What did the court decide?

The petitioner failed to establish that the respondent/wife is capable of paying the school fee; the child is admittedly with the mother, who is taking care of the child. ¶22

Sri. Mahesh Kumar. K.R. Vs Smt. Latha — Domestic Violence | Karnataka HC (2025)

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NC: 2025:KHC:35778 CRL.RP No. 583 of 2023

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10^TH DAY OF SEPTEMBER, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE CRIMINAL REVISION PETITION NO. 583 OF 2023

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BETWEEN:

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SRI. MAHESH KUMAR. K.B, SON OF BETTASWAMY, AGED ABOUT 31 YEARS, RESIDING AT KOOTGAL VILLAGE, KOOTGAL HOBLI-562159, RAMANAGARA TALUK, RAMANAGARA DISTRICT.

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

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…PETITIONER (BY SRI HARSHA H M.,ADVOCATE) AND: SMT. LATHA, WIFE OF MAHESH KUMAR. K.B, DUAGHTER OF MADAIAH, AGED ABOUT 28 YEARS, RESIDING AT KOOTGAL VILLAGE, KOOTGAL HOBLI-562159, RAMANAGARA TALUK, RAMANAGARA DISTRICT. …RESPONDENT (BY SRI/SMT SOHANI A HOLLA.,ADVOCATE)

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THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C PRAYING TO SET ASIDE THE IMPUGNED ORDER ANNEXURE B DTD 2405-2022 PASSED IN DVC.NO.1/2019 BY THE PRINCIPAL CIVIL JUDGE AND JMFC, RAMANAGARA, DIRECTING THE PETITIONER HEREIN TO PAY SCHOOL ADMISSION FEES OF THE CHILD U/S 20 OF THE PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT WHICH WAS CONFIRMED IN CR.A.NO.27/2019 BY THE III ADDITIONAL DISTRICT AND SESSIONS JUDGE, RAMANAGARA, DTD 25-01-2023 ANNEXURE A.

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NC: 2025:KHC:35778 CRL.RP No. 583 of 2023

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HC-KAR

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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 ANANT RAMANATH HEGDE

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ORAL ORDER

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None appears for the petitioner.

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It is submitted that the petition is filed challenging

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the order directing the father to pay the school fee of the minor child, who is with the mother/respondent.

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It is also noticed that the wife had filed a petition seeking maintenance and same was allotted directing payment of Rs.6,000/- per month. That order was called in question by the husband by filing an appeal which was dismissed.

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Petitioner has raised a contention that the respondent/wife is also capable of earning and she is earning and capable of paying the fee. However, this contention is not established by the petitioner that the wife is capable of paying the school fee. Admittedly, the child is with the mother and mother is taking care of the child.

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NC: 2025:KHC:35778 CRL.RP No. 583 of 2023

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HC-KAR

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