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2025 Supreme(Online)(Kar) 21914
KARNATAKA HIGH COURT
S.R.KRISHNA KUMAR, J
SRI A M SURESH RAJ – Appellant
Versus
SMT. J. HEMALATHA – Respondent
Criminal Petition No.6083 of 2025 | Crl.A.No.25138/2025 | Crl.Mis.211/2023
For the Appellants/Petitioners: Sri Nataraja H T.
For the Respondents: Sri Arun G.
The court emphasized timely judicial responses to interim applications while maintaining the status quo of previous orders until a decision on the motion is reached.
Headnote:(A) Protection of Women from Domestic Violence Act, 2005 - Sections 12 and 23 - Appeal against order of interim maintenance - Petitioner sought to set aside an order of stay and re-consider interim application; First Appellate Court directed issuance of notice instead - Joint submissions of counsel allowed preponing appeal date. (Paras 1, 4, 6)
(B) Court's Direction - Court reiterated the requirement for timely disposal of interim applications, maintaining the order of the Trial Court in abeyance until a decision on the stay application.
Facts of the case:
The petitioner/husband challenged an order granting interim maintenance to the respondent/wife under the PWDV Act. The petitioner contended against the First Appellate Court's refusal to issue a stay on the Trial Court's order.
Findings of Court:
The First Appellate Court was directed to advance the hearing of the appeal, ensuring timely judicial response to the stay motion and maintaining the previous order's status quo.
Issues: The core issue was whether the First Appellate Court's decision to refuse a stay on the Trial Court's order was justifiable.
Ratio Decidendi: The court emphasized the need for expediency in the hearing of interim applications, allowing both parties to submit their cases appropriately.
Result: Petition disposed off with directions.
| Table of Content |
|---|
| 1. petition challenges refusal of stay on maintenance order. (Para 1 , 4) |
| 2. court observed the need for timely judicial decisions. (Para 2 , 3 , 5) |
| 3. court issued directions for expedited hearing. (Para 6) |
ORAL ORDER
This petition is filed by the appellant against the order dated 15.04.2025 passed in Crl.A.No.25138/2025 on the file of the LXXIV Additional City Civil and Sessions Court, Mayohall, Bengaluru (CCH-75) (“the First Appellate Court” for short), whereby the First Appellate Court declined to pass an ex parte order of stay sought for by the petitioner/appellant and directed for issuance of notice on I.A.No.1 for stay filed by the petitioner/appellant to the respondent.
2. Heard learned counsel for the petitioner/appellant and learned counsel for the respondent and perused the material on record.
3. A perusal of the material on record would indicate that the respondent wife instituted a petition in Crl.P.211/2023 on the file of the Judicial Magistrate First Class, Traffic Court-I, Mayohall, Bengaluru (“the Trial Court”
for short) against the petitioner/appellant/husband under Section 12 of the Protection of Women from Domestic Violence Act (“PWDV Act” for short) seeking various reliefs including maintenance in her favour and their children. In the said petition, the respondent filed an application under Section 23 (1)(2) of the PWDV Act, seeking interim maintenance, which was allowed by the Trial Court vide order dated 17.03.225. Aggrieved by the said order the petitioner/appellant filed an appeal in Crl.A.No.25138/2025, in which, he sought for stay of the order of the Trial Court. By the impugned order dated 15.04.2025, the First Appellate Court declined to pass an order of stay, and instead, directed issuance of notice to respondent/wife. Aggrieved by the same, the petitioner is before this Court by way of the present petition.
4. Learned counsel for the petitioner submits that, the Crl.A.No.25138/2025 is posted before the First Appellate Court on 09.09.2025, and the said appeal may be preponed from 09.09.2025 to 21.08.2025, with a direction to the First Appellate Court to dispose of I.A.No.I within stipulated time frame and by keeping the order dated 17.03.2025 passed by the Trial Court in abeyance till disposal of I.A.No.I by the First Appellate Court in Crl.A.No.25138/2025.
5. Per contra, learned counsel for respondent No.2 on instruction submits that, he has no objection for the appeal in Crl.A.No.25138/2025 to be preponed from 09.09.2025 to 21.08.2025 for consideration of I.A.No.I for stay filed by the petitioner/appellant and disposal of the same within a stipulated time frame by keeping the order of the Trial Court in abeyance, till disposal of I.A.No.I by the First Appellate Court.
6. In view of the aforesaid facts and circumstances and joint submissions made by both the sides, I deem it appropriate to dispose of this petition by issuing certain directions to the First Appellate Court. In the result, I pass the following;
ORDER
(i) The petition is hereby disposed off.
(ii) The First Appellate Court is directed to prepone/advance Crl.A.No.25138/2025 from 09.09.2025 to 21.08.2025, on which date, the respondent shall enter appearance in the said appeal along with her counsel and file objections to I.A.No.I on that day.
(iii) The First Appellate Court shall dispose off I.A.No.I filed by petitioner/appellant in Crl.A.No.25138/2025 after considering the objection of the respondent and hearing both sides and in accordance with law within a period of two weeks from 21.08.2025.
(iv) It further directed that, till disposal of I.A.No.I by the First Appellate Court, the order dated 17.03.2025 passed by the Trial Court in Crl.Misc.No.211/2023, shall remain in abeyance without prejudice to the rights and contentions of the parties.
(v) All the rival contentions on all aspects of the matter including I.A.No.I between the parties are kept open and no opinion is expressed on the merits/demerits of the rival contentions.
Subjec
