Disposed¶30

Sunil S/O Ramappa Mudigoudar v. Tanuja W/O Sunil Mudigoudar

Karnataka HC23 Jan 2025WP/100404/2025

Case brief

AI extract

What is this about?

Karnataka High Court Dharwad Bench; Justice Suraj Govindaraj; WP No. 100404 of 2025 (GM-CPC); Sunil Mudigoudar v. Tanuja Mudigoudar; Protection of Women from Domestic Violence Act 2005 Section 12; additional maintenance claim despite prior award in M.C.No.51/2019; quashing of Domestic Violence Act proceedings sought as non-est; certiorari refused; defence on maintenance quantum to be raised before Magistrate; petition disposed of on 23.01.2025.

What did the court decide?

Proceedings under Section 12 of the Protection of Women from Domestic Violence Act, 2005 are always available to the woman; the circumstance that maintenance was already awarded in M.C.No.51/2019 does not bar the subsequent proceedings. ¶29

Sunil S/O Ramappa Mudigoudar Vs Tanuja W/O Sunil… — Domestic Violence | Karnataka HC (2025)

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NC: 2025:KHC-D:1271 WP No. 100404 of 2025

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IN THE HIGH COURT OF KARNATAKA,

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DHARWAD BENCH

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DATED THIS THE 23^RD DAY OF JANUARY, 2025 BEFORE

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THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 100404 OF 2025 (GM-CPC)

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BETWEEN:

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SUNIL S/O. RAMAPPA MUDIGOUDAR AGE. 39 YEARS, OCC. NIL, R/O. S/O. RAMAPPA MUDIGOUDAR, NEAR SAI TEMPLE, K.E.B. ROAD, MUDHOL, TQ. MUDHOL, DIST. BAGALKOT-587313.

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…PETITIONER (BY SRI. S.S.PATIL AND SRI. MAHANTESH R.PATIL, ADVOCATES)

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AND:

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GIRIJA A BYAHATTI

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Digitally signed by GIRIJA A BYAHATTI Date: 2025.01.24 16:37:26 +0530

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TANUJA W/O. SUNIL MUDIGOUDAR AGE. 34 YEARS, OCC. HOUSEHOLD WORK, R/O. C/O. HANAMANT S/O. SATAPPA BODI, SERICULTURE DEPARTMENT, MINI VIDANASOUDA, RAMDURGA, TQ. RAMDURGA, DIST. BELAGAVI-591123.

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…RESPONDENT (NOTICE TO RESPONDENT IS DISPENSED WITH VIDE ORDER DATED 23.01.2025)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI AND SET ASIDE THE ENTIRE PROCEEDINGS AND ISSUANCE OF SUMMONS ORDER PASSED BY THE COURT BELOW IN CRL. MISC. NO. 150/2024 PENDING ON THE FILE OF SENIOR CIVIL JUDGE AND JMFC RAMDURG AND THE SAME IS PRODUCED AT ANNEXURE-F, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC.

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NC: 2025:KHC-D:1271 WP No. 100404 of 2025

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THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:

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ORAL ORDER

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(PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ)

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Petitioner is before this Court seeking for the following reliefs:

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i. Issue a writ of certiorari and set aside the entire proceedings and issuance of summons order passed by the court below in Crl. Misc. No. 150/2024 pending on the file of Senior Civil Judge and JMFC Ramdurg and the same is produced at Annexure-F, in the interest of justice and equity.

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ii. Grant such other order or orders as this Hon'ble Court may deem fit in the circumstances of the case in the interest of justice and equity .

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The petitioner claims to be aggrieved by issuance of summons in Criminal Misc. No.150/2024 filed under the Protection of Women from Domestic Violence Act, 2005.

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The submission of learned counsel for the petitioner is that, in the said proceedings, additional amount of maintenance is sought for, maintenance having already

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been awarded in M.C.No.51/2019, no further maintenance amount can be awarded in Criminal

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3 - NC: 2025:KHC-D:1271 WP No. 100404 of 2025

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Misc.No.150/2024, which has been filed 5 years after M.C.No.51/2019 had been filed. As such, he submits that those proceedings are non-est and required to be quashed.

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I am unable to agree with the submission made by Sri.S.S.Patil, learned counsel for the petitioner, inasmuch as proceedings under Section 12 of the Protection of Women from Domestic Violence Act, 2005 is always available to the woman. If at all the petitioner has any defence in respect of the payment of maintenance amount or the quantum, the same could be placed before the said Court which would necessarily have to be considered by the said Court before passing any orders in the said proceedings.

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With the above observations, the petition stand disposed of.

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Sd/(SURAJ GOVINDARAJ) JUDGE

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gab CT-MCK List No.: 1 Sl No.: 36

Sunil S/O Ramappa Mudigoudar v. Tanuja W/O Sunil Mudigoudar

Case brief

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What did the court decide?

Sunil S/O Ramappa Mudigoudar v. Tanuja W/O Sunil Mudigoudar

Case brief

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What did the court decide?

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