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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE H.P.SANDESH CRIMINAL REVISION PETITION NO.1020 OF 2021 BETWEEN:
1. SMT. GORLA ESHWARI, W/O GORLA MUKUND REDDY, AGED ABOUT 38 YEARS, R/O NO.17, RENUKA DEVI NILAYA, 3RD ‘A’ MAIN ROD, RAMAIAH LAYOUT, KACHARAKANAHALLI EXTENSION, BANGALORE-560 084.
…PETITIONER (BY SRI. K.R. KRISHNAMURTHY, ADVOCATE)
AND:
1. SRI GORLA MUKUND REDDY, S/O LATE SOMI REDDY, Digitally signed AGED ABOUT 40 YEARS.
by DEVIKA M Location: HIGH COURT OF 2. SMT NARAYANAMMA, KARNATAKA W/O LATE SOMI REDDY, AGED ABOUT 60 YEARS.
BOTH ARE RESIDENTS OF FLAT NO.1A, PNR TOWNSHIP, GMR CONSTRUCTIONS, SURVEY NO.150 AND 151, WARANGAL ROAD, NEAR BUS STOP, SURYAPET, TELANGANA-508 213.
PRESENTLY WORKING AT C/O DISTRICT FOREST OFFICE, NEAR MANNEM SADASHIVA REDDY A/C FUNCTION HALL, JANAGAON CROSS ROAD, SURYAPET, TELANGANA - 508 213.
…RESPONDENTS (BY SRI. SUDHAKAR G.V., ADVOCATE FOR R1 AND R2)
THIS CRL.RP IS FILED UNDER SECTION 397 R/W 401 OF CR.P.C PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 20.09.2019 PASSED BY THE METROPOLITAN MAGISTRATE AND TRAFFIC COURT-1 MAYO HALL UNTI AT BENGALURU IN CRL.MISC.APPLICATION NO.73/2019 PRODUCED AT ANNEXURE B DIRECTING THE RESPONDENT TO PAY THE MAINTENANCE OF RS.5000/- TO THE PETITIONER AND TO SET ASIDE THE IMPUGNED ORDER DATED 17.05.2021 PASSED BY THE LIX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE AT BENGALURU IN CRL.A.NO.2224/2019 PRODUCED AT ANNEXURE-A DISMISSING THE APPEAL FILED BY THE PETITIONERS AND FURTHER BE PLEASED TO ALLOW THE APPLICATION FILED BY THE PETITIONER IN CRL.MISC.NO.73/2019 PRODUCED AT ANNEXURE-J AND THEREBY DIRECT THE RESPONDENT TO PAY THE PETITIONER AND HER MINOR CHILD A SUM OF RS.50,000/- PER MONTH, TOWARDS SUSTENANCE ALLOWANCE AND ALSO TO BEAR THE EXPENDITURE TOWARDS EDUCATION AND MEDICAL EXPENDITURES OF THE PETITIONER AND HER MINOR CHILD AS AND WHEN THE NEED ARISES TILL THE RESPONDENT NO.1 ALLOWS THE PETITIONER AND HER CHILD TO RESIDE WITH HIM.
THIS PETITION COMING ON FOR HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE H.P.SANDESH
ORAL ORDER
This revision petition is filed challenging the order of the Trial Court granting maintenance of Rs.5,000/- per month to the petitioner’s child. The case was filed in the year 2019 and the respondent being the Deputy Conservator of Forest, only an amount of Rs.5,000/- per month is awarded to meet the expenses of the child and the respondent is getting the salary of more than Rs.1,00,000/- per month. It is very unfortunate that the Trial Court has fixed the maintenance of Rs.5,000/- per month to the child both for food and accommodation and hence it is appropriate to modify the order of the Trial Court by directing the respondent to pay an amount of Rs.10,000/- per month from the date of application and if any arrears, to pay the same forthwith. The Trial Court is directed to dispose of the matter within four months from today. Both the petitioner and the respondent are directed to assist the Trial Court in disposal of the case within a time bound period of four months. The Trial Court is directed to consider the quantum of maintenance on the capacity of the payment of amount by the respondent and the amount fixed by this Court cannot be a yardstick for fixing the maintenance amount and the same should be in terms of status and capacity of the respondent to make the payment. The petitioner is permitted to produce the additional documents before the Trial Court.
2. Accordingly, the criminal revision petition is disposed of.
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