THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) TO SET ASIDE THE ORDER DATED 31.01.2026 PASSED BY THE V ADDL. DISTRICT AND SESSIONS JUDGE, TUMKUR, SITTING AT TIPTUR, IN CRL.RP.NO.10005/2025 VIDE ANNEXURE-D AND JUDGMENT DATED 30.12.2024 PASSED BY SENIOR CIVIL JUDGE AND JMFC, TIPTUR, IN C.MIS.NO.152/2017 VIDE ANNEXURE-C AND CONSEQUENTLY DISMISS THE PETITION FILED BY THE RESPONDENTS IN C.MIS.NO.152/2017 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, TIPTUR.

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

CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA

ORAL ORDER

Petitioner – husband is before this Court calling in question twin orders, one passed on 30.12.2024, by the Senior Civil Judge and JMFC, Tiptur, in Crl.Misc.No.152/2017 and another on 31.01.2026, passed by the V Additional District and Sessions Judge, Tumkur, sitting at Tiptur, in Crl.R.P.No.10005/2025.

2. Heard Sri Parikshit S.S., learned counsel for petitioner. Notice to respondents is not issued.

3. Facts in brief, germane, are as follows: First respondent is the wife of the petitioner and respondent No.2, the daughter. The marriage between the two, is now three decades old. When the parents of the petitioner ill-treated respondent Nos.1 and 2 - wife and children on the alleged physical and mental cruelty, respondents left the matrimonial house and seek decree of divorce in M.C.No.12/2004. The issue in the lis is not with regard to the said matter. Respondent No.1 - wife files an application seeking maintenance from the hands of the husband at ₹5,000/- p.m., to each of the respondents in the petition. In the interregnum, M.C.No.12/2004 is allowed and the marriage with the petitioner is dissolved in terms of the order of the concerned Court dated 20.03.2016. After the dissolution of the marriage, it transpires that an order is passed by the concerned Court granting maintenance to be paid at ₹4,000/- p.m. each, while answering Crl.Misc.152/2017. The order reads as follows:

“7. POINT NO. 1: According to the petitioner, the petitioner No.1 is the wife of respondent and petitioner No.2 and 3 are their daughters. The marriage of the petitioner No.1 with respondent took place on 20.08.1995 at Gurubhavana Kalyana Mantapa, Turuvekere and after her marriage, she and respondent were living together for a period of one year happily and afterwards, the parents of respondent ill treated her and subjected her to both physical and mental cruelty. Thereafter, the 2nd petitioner born on 14.05.1998, 3rd petitioner was born on 11.06.2003. Thereafter the respondent deserted the petitioners at the ill advice of his parents and therefore, the petitioners are residing separately since February 2016 at Tiptur Town at the parents house of of petitioner No.1 at Gandhinagara, Tiptur. The respondent has forced the petitioner No.1 to give consent for dissolution of the marriage and filed a case in MC.No.12/2014 by making false allegations against the petitioner No.1. The respondent told the petitioner that he was going to withdraw the petition and by believing the words respondent, the petitioner has not contested the case and he took exparte orders and thereafter, the petitioner has filed a petition to set-aside the said proceeding before the court. The petitioner No.2 and 3 are studying and the petitioner No.1 is housewife and therefore, it is not possible to them to maintain themselves and respondent being the husband of the petitioner No.1 and father of the petitioner No.2 and 3 is duty bound to maintain them.

8. The petitioner has produced marriage Invitation card as per Ex.PI and Ex.P2 is the G.Tree certificate. Though the respondent has contested the case by taking a defence that the petitioner No.1 has subjected him to both physical and mental cruelty and he himself suffered a lot of mental agony and torture in the hands of petitioner No.1 but, he has not denied the relationship between him and petitioners. The respondent has further stated that the peti