IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 16^TH DAY OF JULY, 2021

BEFORE

THE HON9BLE MR. JUSTICE N.K.SUDHINDRARAO

RPFC No.20/2020

BETWEEN:

SRI ABDUL NASAR

AGED 40 YEARS

S/O ABDUL REHAMAN @ PAPPANNA

R/AT LINGAADAHALLI, TARIKERE TALUK

CHIKKAMANGALURU DISTRICT 3 577 129.

...PETITIONER

(BY SRI PUNDIKAI ISHWARA BHAT, ADVOCATE)

AND:

1. SMT. K MAHADHATH

AGED 34 YEARS

W/O ABDUL NASAR

D/O S H ABDUL KHADER

R/AT VINOBH ROIAD

KOPPA TALUK,

KOPPA 3 577 126.

2. KUMARI NASSIFA

AGED 12 YEARS

D/O ABDUL NASAR

MINOR REPRESENTED BY

NATURAL GUARDIAN

MOTHER, THE RESPONDENT No.1

C/O S H ABDUL KHADER

R/AT VINOBH ROAD

2

KOPPA TALUK, KOPPA 3 577 126.

...RESPONDENTS

(BY SRI B S SACHIN, ADVOCATE FOR R1)

THIS RPFC IS FILED UNDER SECTION 19(4) OF THE

FAMILY COURT ACT, AGAINST THE JUDGMENT DATED

22.02.2019

PASSED

IN

CRL.MIS.NO.23/2018

(CRL.MIS.No.60/2011) ON THE FILE OF HE SENIOR CIVIL

JUDGE, AND JMFC, N.R.PURA, ITINERATE AT KOPPA,

PARTLY ALLOWING THE PETITION FILED UNDER SECTION

125(1) OF CRIMINAL PROCEDURE CODE.

THIS RPFC COMING ON FOR ORDERS THIS DAY

THROUGH VIDEO CONFERENCING THE COURT MADE THE

FOLLOWING:

ORDER

This petition is directed against the judgment

and

order

dated

22-2-2019

passed

in

Crl.Mis.No.23/2018

(Crl.Mis.No.60/2011)

by

the

learned Senior Civil Judge and JMFC, N.R.Pura,

Itinerate at Koppa.

2.

As the petition is filed with the delay of 213

days, along with the petition, petitioner has filed

I.A.No.1/2020 for condonation of the said delay.

Accepting

the

cause

shown

in

the

affidavit

3

accompanying the affidavit, delay of 213 days in filing

the petition is condoned and the matter is taken up for

final disposal.

3.

In order to avoid wastage of judicial time,

the facts of the case of the petitioners as extracted

from the certified copy of the order passed by the

learned trial judge, on 22-02-2019 is as under:

<It is the case of the petitioners that, 1^st

petitioner is the legally wedded wife and the 2^nd

petitioner is the daughter of the respondent. The

marriage

of

the

1^st

petitioner

and

the

respondent has been solemnized on 07-06-

2007 at M.S. Devegowda Memorial Vokkaligara

Samudaya Bhavana, Balagadi, Koppa as per

Mohamadden customs and usage. At the time

of marriage the parents of the 1s petitioner have

given 40 pavan of gold and borne the marriage

expenses. Out of their wed lock the 2^nd

petitioner was born who is a minor at the time of

presenting the petition. There is nobody to look

after the petitioners. It is also stated that after

the marriage the respondent and his relatives

demanded cash and gold form the 1^st petitioner

and since she was unable to pay more money

and

gold

from

her

parents

house,

the

respondent and his family members have given

physical and mental torture to the 1^st petitioner

and

the

respondent

has

neglected

the

petitioners without giving cloths and medicines.

The 1^st petitioner protested the same and

4

requested the respondent not to give any

torture to her and the respondent has not

adhered to the words of the 1^st petitioner.

It is the further case of the petitioners

that, in the month of December 2009 the

respondent and his relatives very badly beaten

the 1^st petitioner and the father of the 1^st

petitioner went to the respondents house and a

panchayath was held at Tarikere Masjid in the

presence

of

panchayathdars.

The

panchayathdars advised the 1^st petitioner to go

back to her parents house for a short period and

believing the words of the panchayathdars the

father of the 1^st petitioner taken her back to his

house. Thereafter, the 1^st petitioner asked the

respondent to take her and the 2^nd petitioner but

he has refused to take them back. The

respondent

started

to

threaten

her

and

demanded to give Khulla or thalak because he

wants to marry another girl. Regarding the

harassment the father of the 1s petitioner given

complaint before Ko