IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH AT DHARWAD DATED THIS THE 17 ‘ DAN’ GE AUGUST, 2011 L ; L F() RE TIlE HONT3LE vi .JLSiiLE F3.V.PUT() CRLPNO.1O354/2011 Bet\\ ceo: Shríshail S/ o. Basappa J aka Ae 62 xears. Dcc.: Pen sioner, R.;okakanawadi, Tq.: Jamkhand, District Bagalkot. B\ Sri ,.Jagadish Paul, Advoooiei :\nd: Sm t. ( i a uram ma W / u. Sb ii sh nil Jakat I Age 57 rears. Dcc,: Household work, R /o.Baalkot. Tc 1. Dist.: E3naiiKn (Br Sri.\ M Sheelavant, Ad\ acme) This criminal petinon as 1led under SectIon 42 01 Cr.P.C. seeking to Cinash 1[/o InII)oCa01I order on 20 in Cr1 R. P. () .43 200h 0 sseC1 L\ 610 SCSSIOH I 6w-’. Baa 1k o t. This criminal petition is comino on for adrnjssaon thas da\ . the court made the following: ORDER This criminal petition is filed seeking to set aside the order dated 29/01/201 1 passed h the Learned Sessions Judge. Bagalkot in Crl.R.P.No.43; 2009. whreunder the learned Sessions Judge has remanded the matter to the trail Court in Crl.Misc.No. 129/2004 for disposal in accordance with law and while so remanding the learned Sessions Judge has directed the payment of Rs. 1.000/- per month as maintenance continuously. 2. The learned counsel appearing for the petitioner submits that this part of the order is without any basis. The learned counsel appearing for the petitioner has filed a letter from the Deputy Officer of Treasury, Jamkhandi, wherein it is stated that the petitioner has retired and he is entitled for pension. 3. Be that as it ma’, the petitioner has not challenged that the respondent is not his wife and therefore, the order of maintenance passed finally by the 1 si Additional JMFC. Bagalkot is converted as an order of interim maintenance, in view of the remand made by the learned A S — :3 — Sessions Judge. The order passed is neither erroneous nor illegal nor it amounts to abuse of process of law. 4. In view of the said obsenations, this petition does not survive for consideration. Accordingly. this petition is dismissed. Sd/ JUDGE Vnp*