2023 Supreme(Online)(KAR) 6277
- 1 -
NC: 2023:KHC:34766
CRL.RP No. 1302 of 2016
C/W CRL.RP No. 1127 of 2016
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23RD DAY OF SEPTEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE RAJENDRA BADAMIKAR
CRIMINAL REVISION PETITION NO.1302 OF 2016
C/W
CRIMINAL REVISION PETITION NO.1127 OF 2016
IN CRL.RP NO.1302/2016
BETWEEN:
C. S. MANJUNATH,
S/O LATE C. K. SHIVALINGAIAH,
AGED ABOUT 56 YEARS,
NO. 245/1, 4TH "A"CROSS,
NAGAPPA BLOCK, SRIRAMPURAM,
BANGALORE - 560 021.
…PETITIONER
(BY SRI. SHIVARAMU H. C, ADVOCATE)
AND:
1.
SMT. S. BALAMANI @ MANI,
W/O C. S. MANJUNATH,
AGED ABOUT 53 YEARS,
2.
KUM. C. M. SUSHMA,
D/O C. S. MANJUNATH,
AGED ABOUT 27 YEARS,
3.
KUM. C. M. LASYA,
D/O. C. S. MANJUNATH,
AGED ABOUT 27 YEARS,
ALL ARE RESIDING AT 3623/1,
1ST MAIN, 3RD CROSS, MARUTHI NILAYA,
GAYATHRI NAGAR, BANGALORE - 560 021.
…RESPONDENTS
(BY SRI. P. B. AJIT, ADVOCATE FOR R1 TO R3)
Digitally signed by
RENUKAMBA K G
Location: HIGH
COURT OF
KARNATAKA
- 2 -
NC: 2023:KHC:34766
CRL.RP No. 1302 of 2016
C/W CRL.RP No. 1127 of 2016
THIS CRL.RP IS FILED U/S.397 R/W 401 OF CR.P.C
PRAYING TO SET ASIDE THE ORDER DATED 22.06.2016
PASSED BY THE LXIII ADDL. CITY CIVIL AND S.J., BANGALORE
IN CRL.A.NO.406/2015 IN SO FAR AS THE FOLLOWING ORDER:
a) THE PETITIONER NO.1 IS ENTITLED FOR MAINTENANCE AT
RATE OF RS.20,000/- PER MONTH FROM THE DATE OF
PETITION TILL HER LIFE TIME OR TILL SHE CONTRACT
SECOND MARRIAGE.
IN CRL.RP NO.1127/2016
BETWEEN:
1.
SMT. S. BALAMANI @ MANI,
W/O C. S. MANJUNATH,
AGED ABOUT 52 YEARS,
2.
KUM. C. M. SUSHMA,
D/O C. S. MANJUNATH,
AGED ABOUT 26 YEARS,
3.
KUM. C. M. LASYA,
D/O C. S. MANJUNATH,
AGED ABOUT 23 YEARS,
ALL ARE R/O NO.3623/1,
1ST MAIN, 3RD CROSS,
MARUTHI NILAYA,
GAYATHRI NAGAR,
BANGALORE - 560 021.
…PETITIONERS
(BY SRI. P. B. AJIT, ADVOCATE)
AND:
SRI. C. S. MANJUNATH,
S/O LATE C. K. SHIVALINGAIAH,
AGED ABOUT 58 YEARS,
R/O NO.245/1, 4TH 'A' CROSS,
NAGAPPA BLOCK, SRIRAMPURAM,
BANGALORE - 560 021.
- 3 -
NC: 2023:KHC:34766
CRL.RP No. 1302 of 2016
C/W CRL.RP No. 1127 of 2016
PRESENT ADDRESS:
C. S. MANJUNATH
DEPUTY GENERAL MANAGER (HRD).
…RESPONDENT
(BY SRI. H. C. SHIVARAMU, ADVOCATE)
THIS CRL.RP IS FILED U/S.397 CR.P.C PRAYING TO
MODIFY THE ORDER DATED 22.06.2016 PASSED BY THE
COURT OF THE LXIII ADDL. CITY CIVIL AND S.J., BANGALORE
(CCH-64) IN CRL.A.NO.406/2015 AND AWARD THE AMOUNTS
CLAIMED BY THE PETITIONERS IN CRL.MISC.NO.78/2014
PASSED BY III MMTC, BANGALORE, DATED 05.01.2015.
[THESE PETITIONS ARE COMING ON FOR HEARING, THIS
DAY, THE COURT MADE THE FOLLOWING:
These two revision petitions are filed challenging the
judgment passed in Crl.A.No.406/2015 on the file of LXIII
Additional City Civil and Sessions Judge, Bangalore City
(CCH-64), dated 22.06.2016.
For the sake of convenience, parties herein are
referred with the original ranks occupied by them before
the trial Court.
The brief factual matrix leading to the cases are
as under:
- 4 -
That the petitioners have filed a petition under
Section 12 of the Protection of Women From Domestic
Violence Act, 2005 against the respondent seeking
protection orders, claiming maintenance, compensation
etc.,
4.
It is said that the revision petitioner No.1 is the
wife of the respondent and revision petitioners No.2 and 3
are the daughters of the respondent born out of the
marriage
wedlock
dated
09.06.1985.
The
revision
petitioners were examined as P.Ws.1 to 3 and they placed
reliance on 17 documents. The respondent himself was
examined as R.W.1 and he placed reliance on 6 documents
as per Exs.R1 to R6. After hearing the arguments and
after considering the oral and documentary evidence, the
learned Magistrate allowed the petition filed under Section
12 of the Protection of Women from Domestic Violence
Act, 2005 by issuing a protection order. Further, he has
awarded monthly maintenance of Rs.30,000/- to the
petitioner No.1 till her life time or till she remarries and
further granted maintenance of Rs.5,000/- each to
- 5 -
petitioners No.2 and 3, till they are married. There was
also a direction to pay Rs.40,000/- towards medical
expenses to petitioner No.3 and Rs.5 Lakhs compensation
towards medical and educational expenses of petitioner
No.3. He has also directed compensation of Rs.5 Lakhs to
petitioner No.1.
5.
This order is being challenged by the husband
in Crl.A.No.406/2015 on the file of LXIII Additional City
Civil and Sessions Judge, Bangalore City (CCH-64). The
learned District and Sessions Judge after appreciating the
oral and documentary evidence has allowed the appeal
filed under Section 29 of the Protection of Women from
Domestic Violence Act, 2005 in part by modifying the
order passed by the learned Magistrate. He reduced the
maintenance awarded to petitioner No.1 from Rs.30,000/-
to Rs.20,000/- and the compensation was reduced from
Rs.5 Lakhs to Rs.2 Lakhs. However, he has confirmed the
order of maintenance as regards petitioners No.2 and 3
and further, awarded compensation of Rs.2,50,000/- to
- 6 -
each petitioners No.2 and 3 towards educational and
medical expenses.
6.
This order being challenged in these two
revision petitions. The husband has filed Criminal Revision
Petition No.1302/2016, while the wife and daughters have
filed Criminal Revision Petition No.1127/2016. Since these
two petitions are arising out of same order, they are heard
together and common order is passed.
7.
The main contention of the husband is that the
wife is residing in his house itself and she is also getting
the lease amount as well as rent and hence, he contends
that the maintenance of Rs.20,000/- p.m., is on higher
side. Further, he would contend that since the daughters
are majors, they are not entitled for either maintenance or
any compensation under the Provisions of Domestic
Violence Act, 2005 as they does not fall within the
definition of the ''child'' as defined under Section 2(b) of
the Provisions of the Domestic Violence Act, 2005 which
defines the child as below the age of 18 years. Hence, he
- 7 -
would seek for modification by reducing the maintenance
awarded to petitioner No.1 and for setting aside the order
of awarding the maintenance and compensation to
petitioners No.2 and 3.
8.
Per contra, the learned counsel appearing for
the petitioners-wife/daughters in Crl.R.P.No.1127/2016
representing wife and daughters would submit that
relationship between the parties is admitted and it is
bounden duty of the father to maintain his wife and
children. He would contend that wife is required to live on
par with the status of tha