IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27^TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL REVISION PETITION NO. 1759 OF 2025 (397(Cr.PC) / 438(BNSS)-)

BETWEEN:

MR KARAN CHANDRASHEKAR AGED ABOUT 37 YEARS S/O MR A CHANDRASHEKAR RESIDING AT K5, 480

13TH MAIN, 3RD BLOCK KORAMANGALA BENGALURU - 560 034 KARNATAKA. …PETITIONER (BY SRI K.B.S. MANIAN, ADV., FOR SRI AZHAR ALI FAROOQI, ADV.)

AND:

MRS.DIVYA KARAN CHANDRASHEKAR D igitally signed by AGED ABOUT 37 YEARS NANDINI M D/O MR PRADEEP LAL S RESIDING AT 161, 6TH CROSS Location:

HIGH COURT 1ST MAIN, ST BED LAYOUT OF KORAMANGALA 1STBLOCK KARNATAKA BANGALORE - 560 034 KARNATAKA.

…RESPONDENT (BY SMT. PRATIMA S.K, ADV.)

THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS)

PRAYING TO PASS NECESSARY ORDER TO SET ASIDE THE IMPUGNED ORDER DATED 13.11.2024 PASSED BY HONBLE LXXII ADDL.CITY CIVIL AND SESSIONS JUDGE AT MAYO HALL, BANGALORE IN CRL.A NO.25138/2024 (ANNEXURE-A) AND ETC.

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY

ORAL ORDER

1. This revision petition under Section 438 read with Section 442 of BNSS 2023 is filed with a prayer to set aside the order dated 13.11.2024 passed in Criminal Appeal No.25138 of 2024 by the Court of LXXII Addl. City Civil & Sessions Judge, Bengaluru and the order dated 09.08.2023 passed in Criminal Misc.No. 157 of 2023 by the Court of I MMTC, Bengaluru 2. Heard the learned counsel appering for the parties.

3. The respondent - wife has initiated proceedings against the petitioner before the jurisdictional Court of Magistrate, Bengaluru under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (for the 'PWDV Act') seeking a monthly maintenance of Rs.1,25,000/- per month and a sum of Rs.5 lakhs towards litigation expenses from the petitioner. Learned Magistrate, vide the order impugned dated 09.08.2023 had passed an ad interim order on the application filed under Section 20 r/w Section 23 of the PWDV Act and had directed the petitioner to pay a sum of Rs.25,000/- per month towards interim maintenance to the petitioner and her two children from the date of the petition until further orders. Aggrieved by the said order, the petitioner had filed Criminal Appeal No.25138 of 2024 before the Court of LXXII Addl. City Civil & Sessions Judge, Mayo Hall Unit, Bengaluru under Section 29 of the PWDV Act. Along with the said appeal, an application in I.A.No. 1 of 2024 was filed, with a prayer to condone the delay of 219 days caused in filing the appeal. The Appellate Court, vide the order impugned dated 13.11.2024, rejected I.A.No.1 of 2024 filed under Section 5 of the Limitation Act and consequently also dismissed Criminal Appeal No.25138 of 2024. Aggrieved by the aforesaid two orders, petitioner is before this Court.

4. It is not in dispute that petitioner is the director of a company. Relationship between the parties is also not in dispute. Respondent is the wife of the petitioner and undisputedly the two children born to the couple are in the custody of the respondent - wife. The elder child is 7 years old and the younger child is said to be aged about 4 years.

Considering the stature of the parties and also the fact that the respondent - wife has contended that she has no independent source of income, I am of the opinion that the amount of Rs.25,000/- per month granted by the Trial Court as interim maintenance in Crl.Misc.No.157 of 2023 cannot be said to be on the higher side. The Appellate Court has confirmed the said order, vide the order impugned. In view of the aforesaid, I am of the opinion that there is no scope for this Court to interfere with the order impugned passed by the Trial Court in Crl.Misc.No.157 of 2023 which has been Confirmed in Crl.A.No.25138 of 2024.

5. It is brought to the notice of this Court by the learned counsel for the petitioner that interlocutory application filed under Section 20 R/w Section 23 of