IN THE HIGH COURT OF KARNATAKA

DHARWAD BENCH

DATED THIS THE 21^ST DAY OF APRIL 2021

BEFORE

THE HON9BLE MR. JUSTICE MOHAMMAD NAWAZ

CRL.P. NO.101436 OF 2018

C/W

CRL.P.NO.101335 OF 2020

IN CRL.P.NO.101436/2018

BETWEEN:

1.

SMT. VANI @ NIKHILA W/O P VENKATESH

AGED ABOUT 27 YEARS, OCC:HOUSEWIFE

2.

NISCHIT S/O P. VENKATESH

AGED ABOUT 2 YEARS, SINCE MINOR

REP. BY HIS NATURAL MOTHER AND GUARDIAN

SMT. VANI @ NIKHILA i.e. PETITIONER No.1

NOW BOTH ARE R/O PWD QUARTERS,

DOOR NO.1, ALLIPURA, BALLARI.

&PETITIONERS

(BY SRI.GANGADHAR J.M., ADVOCATE)

AND:

SRI. P. VENKATESH S/O SHANKARAIAH

AGED ABOUT 29 YEARS,

OCC:ENGINEER, R/O HOUSE NO.23,

VIDYANAGAR, NEAR TANK,

BHATRI ROAD, BALLARI DISTRICT.

&RESPONDENT

(BY SRI.V.S. KALASURMATH, ADV.)

2

THIS PETITION IS FILED UNDER SECTION 482 OF

CR.P.C. PRAYING THIS HON9BLE COURT TO SET-ASIDE THE

ORDER PASSED ON IA NO.IV DATED 7.7.2018 IN CRL.

MISC.NO.154/2017 BY THE PRL. JUDGE, FAMILY COURT,

BALLARI AND ALLOW IA NO.IV FILED BY THE PETITIONERS

TO DIRECT THE RESPONDENT FOR PRODUCTION OF

DOCUMENT IN THE INTEREST OF JUSTICE AND EQUITY.

IN CRL.P.NO.101335/2020

BETWEEN:

P. VENKATESH S/O SHANKARAIAH

AGED ABOUT 31 YEARS,

OCC:WORKING AS A SOFTWARE ENGINEER

IN COGNIZANT, MANYATHA TECH PARK,

HEBBAL, BENGALURU.

R/O HOUSE NO.23, VIDYANAGAR,

NEAR TANK, BHATRI ROAD, BALLARI,

PIN CODE-583101.

&PETITIONER

(BY SRI. M.V. HIREMATH AND SRI. V.S. KALASURMATH, ADVS.)

AND:

1.

SMT. VANI @ NIKHILA W/O P. VENKATESH

D/O NAGARAJ, AGED ABOUT 28 YEARS,

OCC:HOUSEWIFE.

2.

NISCHIT S/O P. VENKATESH

AGED ABOUT 2 YEARS 5 MONTHS,

SINCE MINOR R/BY HIS NATURAL

MOTHER SMT. VANI @ NIKHILA W/O P. VENKATESH

BOTH ARE R/O PWD QUARTERS,

DOOR NO.1, ALLIPURA BALLARI-583101.

&.RESPONDENTS

(BY SRI. VEERANNA AKKASALI, ADV. FOR R1)

(R2-MINOR REP. BY R1)

THIS PETITION IS FILED UNDER SECTION 482 OF

CR.P.C. PRAYING THIS HON9BLE COURT TO PERUSE THE

3

LEGALITY AND CORRECTNESS OF THE PETITION AND QUASH

THE IMPUGNED ORDER PASSED IN INTERIM APPPLICATION

FILED BY THE PETITIONER ON IA NO.13 UNDER SECTION

311 OF CR.P.C. IN CRL.MISC. NO.154/2017 ON THE FILE OF

THE PRINCIPAL JUDGE, FAMILY COURT, BALLARI BY ORDER

DATED 8.9.2020 BY ALLOWING THE ABOVE PETITION.

THESE PETITIONS COMING ON FOR ADMISSION THIS

DAY, THE COURT MADE THE FOLLOWING:

COMMON ORDER

Both these petitions arise out of the orders

passed

by

the

Family

Court,

Ballari

in

Crl.Misc.No.154/2017. Hence, both these petitions

are taken up together and disposed of by this

common order.

2. Crl.P.No.101436/2018 is filed by the wife

praying to set-aside the order dated 7.7.2018,

dismissing IA No.4 filed under Section 91 of

Cr.P.C.

3. Crl.P.No.101335/2020

is

filed

by

the

husband

seeking

to

quash

the

order

dated

8.9.2020 passed on IA No.13, dismissing the said

application filed under Section 311 of Cr.P.C.

4

4. Brief facts of the case are that, the

petitioners

in

Crl.P.No.101436/2018

filed

a

petition under Section 125 of Cr.P.C. before the

Family Court, Ballari, seeking maintenance of

Rs.20,000/-

p.m.

to

petitioner

No.1/wife

and

Rs.10,000/- p.m. to her son (petitioner No.2). A

counter was filed to the said petition by the

respondent/husband. In the course of proceedings,

wife filed an application under Section 91 of

Cr.P.C. seeking direction to the respondent to

produce

his

salary

certificate,

bank

account

statement, income tax returns, PAN card etc. The

Court

below

dismissed

the

said

application,

observing that the respondent/husband though

mentioned his occupation as an Engineer in the

matrimonial case No.86/2017, however, he has

produced relieving letter issued by the company to

show that he has left the job. The proceedings

under Section 125 of Cr.P.C. is summary in nature

and

the

scope

of

the

petition

is

limited.

5

Therefore, to summon the documents sought in IA

No.4 does not survive. It is also observed that

she may approach the competent authority