Karnataka High Court
Sri. Tahir Basha vs Smt Nilofer on 21 February, 2026
-1-
NC: 2026:KHC-K:1752
WP No. 201564 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 21ST DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE RAJESH RAI K
WRIT PETITION NO. 201564 OF 2025 (GM-RES)
BETWEEN:
SRI. TAHIR BASHA S/O SHAIKSHA VALI
DAILY LABORER
AGED ABOUT 27 YEARS
R/O H.NO 34/3, FIRST FLOOR
VIJINAGARA, OPP: PUBLIC SCHOOL
BANGALORE-560016
...PETITIONER
(BY SRI. MUKHTAR AHMAD KHAN AND
SRI. MANJUNATH GINNI, ADVOCATES)
AND:
1. SMT NILOFER W/O TAHIR BASHA
Digitally signed
by SHIVALEELA AGED 24 YEARS,
DATTATRAYA R/O NO.113, VIDYA NAGAR
UDAGI
Location: HIGH NEAR NAGAPPAKATTE TEMPLE
COURT OF ASKIHAL, RAICHUR-584102
KARNATAKA
2. BABY ZUNAISHA FATIMA
D/O TAHIR BASHA, AGED 2 YEARS
MINOR, REP.BY MOTHER
NATURAL GUARDIAN-(R1)
R/O NO.113, VIDYA NAGAR
NEAR NAGAPPAKATTE TEMPLE
ASKIHAL, RAICHUR-584102
...RESPONDENTS
(BY SMT. SHANTABAI PATIL, ADVOCATE)
(R2 IS MINOR) REP. BY R-1.
-2-
NC: 2026:KHC-K:1752
WP No. 201564 of 2025
HC-KAR
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
ISSUE A DIRECTION IN THE FORM OF A WRIT OF CERTIORARI
OR ANY OTHER APPROPRIATE WRIT, SETTING ASIDE THE
ORDERS DATED 19.03.2025 IN CRL.MISC.504 OF 2023 AND
ORDERS DATED 27.05.2025 IN I.A. UNDER SECTION 348 OF
BNSS IN CRL.MISC.504 OF 2023 ON THE FILE OF THE
PRINCIPAL JUDGE, FAMILY COURT, RAICHUR AND TO DIRECT
THE TRIAL COURT TO TAKE THE RESPONDENT'S EVIDENCE ON
RECORD AND PASS SUCH ORDERS OR OTHER ORDERS.
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE RAJESH RAI K
ORAL ORDER
This writ petition is filed under Articles 226 and 227 of the Constitution of India r/w Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, seeking following reliefs:
"Issue a writ of certiorari or any other appropriate writ, setting aside the orders dated 19.03.2025 in Crl.Misc.No.504 of 2023 and orders dated 27.05.2025 in I.A. under section 348 of BNSS in Crl.Misc.No.504 of 2023 on the file of the Principal Judge, Family Court, Raichur and to direct the Trial Court to take the respondents evidence on record and pass such orders or other orders as the Hon'ble Court may deems fit in the interest of justice."
2. The factual matrix of the case is, the respondents herein have filed criminal proceedings against -3- NC: 2026:KHC-K:1752 WP No. 201564 of 2025 HC-KAR the petitioner herein under Section 125 of Cr.P.C., for grant of maintenance in Criminal Miscellaneous No.504/2023 before the Family Court at Raichur. After completion of evidence of respondent herein, the case has been posted for the evidence of petitioner. However, the petitioner herein remained absent continuously on several dates of hearing. As such, the learned Family Judge closed the evidence of petitioner and posted the matter for arguments.
3. Subsequently, the petitioner herein filed an application under Section 348 of BNSS to recall the order dated 19.03.2025. However, the said application was rejected by the Family Court and posted the matter for arguments on merits. The same is challenged in this writ petition.
4. Heard learned counsel for the petitioner and the learned counsel appearing for the respondents. -4-
NC: 2026:KHC-K:1752 WP No. 201564 of 2025 HC-KAR
5. It is contented by the learned counsel for the petitioner that non-examination of the petitioner before the Family Court is neither intentional nor deliberate and only bonafide. Further, he contended that he is having a good case on merits. Accordingly, he prays to allow the petition by extending an opportunity to examine himself to lead evidence before the Family Court.
6. Per contra, learned counsel for the respondents opposed the petition. She contented that, despite granting sufficient opportunity, the petitioner remained absent. As such, the Family Court rightly passed the order by rejecting the application. Accordingly, prays to dismiss the petition.
7. I have given my anxious consideration both on the submissions made by the learned counsel for the respective parties and the documents available on record.
8. As could be gathered from records, the evidence of petitioner was closed on 19.03.2025. -5-
NC: 2026:KHC-K:1752 WP No. 201564 of 2025 HC-KAR Thereafter, though the matter was posted for evidence of petitioner, he remained absent on several dates. Learned counsel for the petitioner contended that the petitioner and his advocate are attending the Family Court from Bengaluru by traveling more than 400 kilometres on all the dates of hearing. As such, due to personal inconvenience, they failed to appear before the Court on few dates of hearing and the same is neither intentional nor deliberate. In such circumstances, in the interest of justice, the petitioner has to be given a fair opportunity to contest his case. In such circumstances, the writ of certiorari is issued. Hence, the following;
ORDER
(a) The petition is allowed.
(b) The order dated 19.03.2025 and the order
dated 27.05.2025 on IA under Section 348 of BNSS in Criminal Misc.No.504/2023 are hereby set aside.
-6-
NC: 2026:KHC-K:1752 WP No. 201564 of 2025 HC-KAR
(c) Consequently, the petitioner is permitted to adduce his evidence and also the witnesses, if any, before the Family Court.
(d) Both the parties shall appear before the Family Court on 16.03.2026, without further notice.
(e) The Family Court is directed to conclude the trial at the earliest within an outer limit of six months from the date of receipt of certified copy of this order.
Sd/-
(RAJESH RAI K) JUDGE MSR List No.: 1 Sl No.: 37