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Anita W/O Kishan Rathod Ors vs. Kishan S/O Harischandra Rathod

Final Order
Court:High Court of Karnataka (Gulbarga Bench)
Judge:Hon'ble K.Sreedhar Rao
Case Status:Dismissed
Order Date:15 Jun 2012
CNR:KAHC030030522011

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Order Issued After Hearing

Purpose:

Disposed

Before:

Hon'ble K.Sreedhar Rao

Listed On:

15 Jun 2012

Order Text

DATED THIS THE 15<sup>TH</sup> DAY OF JUNE 2012

BEFORE

THE HON'BLE MR.JUSTICE K.SREEDHAR RAO

CRIMINAL PETITION NO.15114/2011

BETWEEN

    1. ANITA W/O KISHAN RATHOD AGE: 33 YEARS, OCC: HOUSEWIFE
    1. GEETA D/O KISHAN RATHOD AGE: 19 YEARS
    1. NIRMALA D/O KISHAN RATHOD AGE: 16 YEARS
    1. ASHA D/O KISHAN RATHOD AGE: 13 YEARS
    1. USHA D/O KISHAN RATHOD AGE: 13 YEARS
    1. AVINASH D/O KISHAN RATHOD AGE: 8 YEARS

PETITIONERS 3 TO 6 ARE MINORS U/G OF THEIR NATURAL GUARDIAN MOTHER. ALL ARE RESIDENTS OF NALWAR STATION TQ. CHITAPUR, DIST. GULBARGA

... PETITIONERS

(BY SRI, LIYAQAT FAREED USTAD, ADVOCATE)

AND

KISHAN S/O HARISCHANDRA RATHOD AGE: 38 YEARS, OCC: EMPLOYEE IN PANCHAYAT OFFICE R/O NALWAR, TQ. CHITAPUR DIST. GULBARGA

... RESPONDENT

(RESPONDENT SERVED)

THIS CRL.P FILED U/S 482 OF CR.P.C BY THE ADVOCATE FOR THE PETITIONERS PRAYING THAT THIS HON''IE COURT MAY BE PLEASED TO. CALL FOR THE RECORDS, AND QUASH THE ORDER DATED 21.09.2010 PASSED BY THE IV ADDL. SESSIONS JUDGE AT GULBARGA IN CRL. REV. PET. NO. 43/2010 AWARD THE MAINTENANCE OF RS.1.000/- TO THE 1<sup>ST</sup> PETITIONER FROM THE DATE OF PETITION I.E., 2008 ONWARDS. MARRIAGE EXPENSES OF THE MINOR PETITIONERS 2 TO 5 ON HAVING ATTAINED THE MAJORITY AT RS.1.00,000/-EACH PETITIONER AND COST OF THE PETITION IN THE INTEREST OF JUSTICE AND EQUITY.

THIS PETITION COMING ON FOR ORDERS THIS DAY. THE COURT MADE THE FOLLOWING:

ORDER

The petitioner is employed as Anganwadi teacher. She is getting salary of Rs.3,000/- per month. The Session Judge in revision has granted only maintenance to the minor children payable by the respondent. The respondent is working as peon in Gram Panchayat. He is getting modesty income. He is paying maintenance of Rs.1550/- to the children. The respondent need not be directed to make payment to the wife since she is getting salary. The order is not illegal and perverse. Hence petition is dismissed.

$\operatorname{sdu}$

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