IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 27^TH DAY OF SEPTEMBER 2021

BEFORE

THE HON’BLE MR. JUSTICE N.K. SUDHINDRARAO

CRIMINAL REVISION PETITION NO.75 OF 2019

BETWEEN:

VIJAYA,

S/O DODDEGOWDA,

AGED ABOUT 39 YEARS,

R/O BANNAGANDI VILLAGE,

CHINAKURALI HOBLI,

PANDAVAPURA TALUK,

MANDYA DISTRICT- 570 504.

… PETITIONER

(BY SRI IQBAL PATEL AND

SRI KHAN LIYAKATH ALIKHAN., ADVOCATE)

AND:

SAVITHA,

W/O MAHADEVU,

AGED ABOUT 35 YEARS,

R/O DODDA MARAGOWDNAHALLI

VILLAGE,

YELAWALA HOBLI, MYSURU TALUK,

MYSURU DISTRICT - 570 001,

(ADDRESS AS SHOWN IN CRL.A.NO.NO.151/2018).

SMT. SAVITH W/O VIJAYA,

AGED ABOUT 30 YEARS,

R/O DODDA MARAGOWDNAHALLI,

YELWALA HOBLI,

MYSURU - 570 001

(ADDRESS AS SHOWN IN C.MISC.NO. 27/2017)

... RESPONDENT

(BY SRI. K.A.CHANDRASHEKARA., ADVOCATE)

2

THIS

CRIMINAL

REVISION

PETITION

IS

FILED

U/S.397 R/W 401 OF CR.P.C PRAYING TO SET ASIDE THE

JUDGMENT AND ORDER PASSED BY THE LEARNED II

ADDITIONAL

SESSIONS

JUDGE

MYSORE

IN

CRL.A.NO.151/2018 DATED 22.10.2018 AND ALSO SET

ASIDE THE JUDGMENT AND ORDER PASSED BY THE

LEARNED JUDICIAL MAGISTRAT IST CLASS (IV COURT)

MYSORE IN CRL.MISC.NO 27/2017 DATED 27.02.2018 BY

ALLOWING THE REVISION PETITION AND ETC.

THIS CRIMINAL REVIION PETITION COMING ON FOR

ADMISSION

THIS

DAY,

THE

COURT

MADE

THE

FOLLOWING:

ORDER

Though this matter is listed today for Admission, the

same is taken up for final disposal having regard to the

facts and circumstances of the case and heard learned

counsel for the petitioner and respondent.

2. This Criminal Revision Petition is directed against

the judgment and order dated 22.10.2018 passed by the

learned

II

Additional

Sessions

Judge,

Mysuru

in

Crl.A.No.151/2018 wherein the appellate judge allowed the

appeal in part and reduced the maintenance amount

payable to the respondent-wife from Rs.10,000/- p.m. to

3

Rs.5,000/- p.m. till her life time or till her marriage

subsists with petitioner-husband.

4. In order to avoid wastage of judicial time, brief

facts of the case are extracted from the certified copy of

the order dated 27.2.2018 of the Trial Court which reads

as under:

“2. The petitioner and the respondent

came to know each other in the year 2007.

Respondent is a driver of Tempo, Lorry.

Respondent used to come to

Doddamaragowdanahalli, Yelwal Hobli,

Mysuru Taluk and contacting the

petitioner at Doddamaragowdanahalli

and expressed his willingness and entires

the petitioner that he will give a new

life to her and took the petitioner

Lakshmikanthanagara,

Hebbal,

Mysuru.

They lived together for about 1½ years

in Lakshmikanatha Nagara, Hebbal,

Mysuru. Thereafter, they shifted their

residence to house No.741, Vijayanagara,

2nd stage, Hinkal Ring Road, 'F' Block,

Mysuru, and lived for about 4 years.

Then they changed their residence to

Door No.32, Nanneshwara Nagara,

Hinkal, Mysuru and lived their for

about 2 years. Subsequently, the

petitioner and respondent have shifted their

residence to Door No.311,

Nanneshwara

Nagara,

Hinkal,

Vijayanagara 2nd Stage and started

living as husband and wife in the said

house. During the course of their living in

the above said houses, the petitioner

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has discharged her duties as a dutiful

wife by having cohabitation with the

respondent. The respondent also looked

after the petitioner with love and affection

by discharging his duty as a dutiful husband

to the petitioner.”

5. Despite service of notice to the petitioner, he has

remained absent. Hence the petitioner is placed

exparte in Trial Court.

6. The Trial Judge was accommodated with the oral

and documentary evidence as below

FOR PETITIONER:

P.W.1