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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
SHIVASHANKAR AMARANNAVAR
P. Jayanthi Reddy, W/o. G. Ramana Reddy – Appellant
Versus
G. Ramana Reddy, S/o. G. Suryanarayana Reddy – Respondent
ORDER :
(SHIVASHANKAR AMARANNAVAR, J.)
1. This revision petition is directed against the judgment dated 14.03.2025 passed in Crl.A. No. 47/2023 by the VIII Additional District and Sessions Judge, Bengaluru, whereunder the order dated 13.04.2023 passed in Crl.Misc. No. 653/2022 by I Additional Chief Judicial Magistrate, Bengaluru Rural District has been partly confirmed with modification that petitioner No. 2 alone is entitled for interim monthly maintenance.
2. Heard learned counsel for petitioner and learned counsel for respondent.
3. Brief facts of the case are, that petitioner No.1 is the wife and petitioner No. 2 is the son of respondent. Marriage of petitioner No. 1 and respondent was solemnized on 14.02.2019 in the presence of well wishers and elders of both the family. After marriage petitioner No.1 and respondent started living in his house. They begot one male child. Thereafter, respondent and his family members started quarreling with petitioner No.1 for silly reasons and therefore, respondent decided to reside separately and made separate house near Marathahalli. After few months respondent started quarrelling with petitioner No.1 demanding dowry and drove her away along wit
Unproven allegations of adultery do not disqualify a wife from receiving interim maintenance under the Protection of Women from Domestic Violence Act.
(1) Domestic violence and ouster from matrimonial home – Unlike Section 125(4) of Cr.P.C., there is no express statutory bar under PWDV Act disentitling a woman from seeking reliefs merely on allegat....
Interim maintenance under the PWDV Act cannot be denied based solely on unproven allegations of adultery; status as an aggrieved person remains intact at the interim stage.
The duty of a husband to provide maintenance to the wife exists unless exceptions under Section 125 of the Cr.P.C. are proven. Grounds of cruelty, adultery, and desertion do not disentitle the wife f....
Interim maintenance can be granted without preliminary adjudication on issues of infidelity; such matters should be resolved during the main proceedings.
Dual maintenance claims are permissible under different statutes, but the applicant must disclose previous orders and justify the need based on changing circumstances for additional relief.
Point of law: Maintenance – Adultery - When piea of adultery is taken it is a serious defence of the respondent. If he failed to prove that particular aspect, then it amounts to character assassinati....
A wife living in adultery is not entitled to maintenance if proven by continuous evidence; mere isolated incidents are insufficient.
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