Shouaib Ali Sharieff vs Naheeda Banu & Others

H.P. Sandesh, J

Though this petition is listed today for admission, with the consent of the learned counsel for the petitioner, the matter is taken up for final disposal.

This revision petition is filed under Sections 397 and 401 of Cr.P.C., praying to call for the records and set aside the order dated 30.10.2018 passed in Crl.A.No.26/2018 by the II Additional Sessions Judge, Shivamogga, and grant any other relief as deems fit in the facts and circumstances of the case.

The factual matrix of the case of the respondent/complainant is that the she has filed an application for interim maintenance and the Trial Court while passing an orders on an Interlocutory Application No.1 directed the petitioner herein to pay an amount of Rs.6,000/- to the wife of this petitioner and Rs.4,000/- to the child per month as interim maintenance, the same is challenged in Criminal Appeal No.26/2018. In an appeal, the Appellate Court reduced the same to Rs.5,000/- and also Rs.3,000/- instead of Rs.6,000/-and Rs.4,000/-. Hence, the revision petition is filed before this Court.

Learned counsel appearing for the petitioner would submit that the Trial Court while passing an order made an observation that the petitioner is getting a salary of Rs.15,800/-and he has to look after his mother also. The learned counsel also would submit that the respondent herein also filed O.S.No.8/2020 seeking the relief of dissolution of marriage and the same was allowed. The marriage of the petitioner and respondent was solemnized on 27.04.2008 is dissolved and the Court has to take not of these factual aspects into consideration.

Having heard the submission of the learned counsel for the petitioner and on perusal of the material available on record, the petition is filed before the Trial Court under Section 12 of the Protection of Women from Domestic Violence Act, 2005 and inter alia sought for an interim order for interim maintenance and the same has been considered. In total an amount of Rs.10,000/- was awarded and the same has been challenged. The Appellate Court by exercising the appellate jurisdiction, reduced the same to Rs.8,000/-. The main contention of the petitioner is that he is getting Rs.15,800/- per month and he has to maintain his mother also. At the same time, the respondent also maintain herself and her child, who is aged about 7 years and provide education to the child also. When such being factual aspects of the case, the Court has to take note of the present cost of living and also the educational expenses of the child. Hence, it is not a fit case to exercise the revisional jurisdiction and further reduce the maintenance amount as contended by the learned counsel for the petitioner. I do not find any ground to admit the revision petition.

In view of the discussions made above, I pass the following:

ORDER

The revision petition is dismissed.