IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 28^TH DAY OF JULY, 2021

BEFORE

THE HON9BLE MR. JUSTICE N.K. SUDHINDRARAO

CRIMINAL REVISION PETITION No.1286/2017

BETWEEN:

1 . SMT. PARAMMA

W/O LATE MANJAPPA,

AGED ABOUT 86 YEARS

R/AT TAYAR STREET,

TARIKERE TOWN, TARIKERE TALUK,

CHIKKAMGALURU DISTRICT-577 228.

2 . T M BASAVARAJU

S/O LATE MANJAPPA

AGED ABOUT 86 YEARS

R/AT TAYAR STREET,

TARIKERE TOWN, TARIKERE TALUK,

CHIKKAMGALURU DISTRICT-577 228.

...PETITIONERS

(BY SRI P B UMESH, ADVOCATE FOR

SRI R B DESHPANDE, ADVOCATE)

AND:

SMT.SHARADA

D/O LATE MANJAPPA

AGED ABOUT 50 YEARS

R/O LOKASUNDARI RAMAN

WORKING WOMENS HOSTEL

KSCLW No.135, 3^RD CROSS

NANDIDURGA ROAD

JAYA MAHAL EXTENSION

2

BANGALORE 3 560 046.

...RESPONDENTS

(BY SRI S RAJENDRA, ADVOCATE 3 ABSENT)

THIS CRIMINAL REVISION PETITION IS FILED

UNDER SECTION 397 R/W 401 CR.P.C PRAYING TO SET

ASIDE THE JUDGMENT AND ORDER DATED 26.09.2017

PASSED BY PRINCIPAL DISTRICT AND SESSIONS JUDGE,

CHIKKAMAGALURU IN CRL.A.No.55/2017 CONFIRMING

THE

ORDER

DATED

08.03.2017

PASSED

BY

THE

ADDITIONAL CIVIL JUDGE AND JMFC, TARIKERE IN

CRL.MISC.No.106/2016 DIRECTING THE PETITIONER No.2

TO PAY MAINTENANCE OF RS.3000/- PER MONTH FROM

THE DATE OF PETITION, FURTHER DIRECTING THE

PETITIONER No.2 TO PAY Rs.2000/- TOWARDS HOUSE

RENT AND Rs.2000/- LITIGATION EXPENSES.

THIS CRIMINAL REVISION PETITION COMING ON

FOR ADMISSION THIS DAY, THE COURT MADE THE

FOLLOWING:

ORDER

Though this matter is listed today for

Admission,

having

regard

t

the

facts

and

circumstances of the case it is taken up for final

disposal.

This petition is filed under Section 397 r/w 401

Cr.P.C

against

the

judgment

and

order

dated

26.09.2017 passed by the Principal District and

3

Sessions Judge, Chikkamagaluru in Crl.A.No.55/2017

wherein, the order dated 08.03.2017 passed by the

Additional

Civil

Judge

and

JMFC,

Tarikere

in

Crl.Misc.No.106/2016 directing the petitioner No.2 to

pay maintenance of Rs.3000/- per month from the

date of petition, further directing the petitioner No.2

to pay Rs.2000/- towards house rent and Rs.2000/-

litigation expenses came to be confirmed.

2.

The claim petition was filed by one

Smt.Sharada under Section 12 of the Protection of

Woman from Domestic Violence Act 2005 stating that,

1^st respondent-Paramma is her mother and 2^nd

respondent 3Basavaraju is her brother. She was given

in marriage on 5-11-2011 to one H.Shashidhara of

Bhadravathi and on 13-11-2003 her marriage was

dissolved and she received Rs.2,50,000/- towards

permanent alimony from her husband and thereafter

she started to reside with respondents and for 12

4

years she stayed along with respondents and she has

handed

over

Rs.2,50,000/-

to

respondents

for

development properties and she discharged all the

house hold day to day work, as if a coolie in the

house. Last year, 2nd respondent thrown out the

petitioner from the house and with no other option by

keeping her gold ornaments in a bank, she has taken

Rs.40,000/- loan and staying in Bangalore hostel.

3.

It is further contended that petitioner and

respondents have got property left by father of the

petitioner worth more than Rs.20.00 lakhs. 2^nd

respondent has not helped the petitioner financially to

maintain herself, with no option, she has filed suit for

partition. She has been subjected to mental and

physical harassment and not allowed to take her

belongings and to meet her day to day expenses,

she needs Rs.10,00/- per month. It is further alleged

that there are two houses constructed by her father

5

and she has got right to reside in one house. On

4-3-2016 at 5 p.m. when she had been to the house

to take her belonging, at that time, respondents have

abused her in a filthy language and not allowed her to

enter the house. Therefore petitioner has filed a

petition

for

maintenance

of

Rs.10,000/-

and

Rs.5,000