Karnataka High Court
Sri K Keshava vs Smt K R Sumitra on 21 March, 2022
Bench: Krishna S.Dixit
1
IN THE HIGH COURT OF KARNATAKA, BENGALURU
DATED THIS THE 21ST DAY OF MARCH, 2022
BEFORE
THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT
WRIT PETITION NO.39747 OF 2016(GM-FC)
BETWEEN:
SRI. K KESHAVA,
S/O LATE K.R. KRISHNA IYENAGAR,
AGED ABOUT 59 YEARS,
R/AT C/O K.K. BAKERY PRODUCTS,
M.G. ROAD, OPPSITE KRISHAN CHOULTRY,
TUMKUR.
...PETITIONER
(BY SRI. Y S H REDDY, ADVOCATE)
AND:
SMT. K R SUMITRA,
W/O K. KESHAVA,
AGED ABOUT 50 YEARS,
R/AT NO.1146/1, CH 7/1,
NARASARAJ US ROAD, CHAMARAJAPURAM,
MYSORE-570 004.
... RESPONDENT
(BY SRI. G MUDLIGIRI GOWDA, ADVOCATE FOR
RESPONDENT-ABSENT(VK NOT FILED))
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET
ASIDE THE ORDER DTD.31.3.2011 PASSED BY THE LEARNED
JUDGE, FAMILY COURT, MYSORE, IN C.MISC.NO.366/2008
VIDE ANNEX-C.
THIS PETITION COMING ON FOR FURTHER HEARING
THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER
This petition seeks to lay a challenge to the Mysore
Family Court order dated 31.3.2011 made in
C.Misc.No.366/2008 filed by the respondent-wife who has
been granted maintenance. After service of notice, the
respondent has entered appearance through her counsel who
has remained absent when the matter was taken up for
hearing on the previous occasion and for further consideration
this day. However, absence of advocates of parties cannot
deter the court from adjudging the cause brought before it, in
accordance with law.
2. Learned advocate appearing for the petitioner-
husband having vehemently argued the matter at length, has
now come forward with an affidavit of his client dated
21.3.2022 who is also present before the court. Paragraphs 3,
4, 5 & 6 of the said affidavit read as under:
"3. I state that, this Hon'ble Court by the Order
dated 05.11.2016 was pleased to grant Interim
Stay of execution of the Order dated
31.03.2011, subject to paying Rs.25,000/-
within Two weeks and continue to pay monthly
maintenance as ordered until further orders.
4. I state that, I have complied with the
other dated 05.11.2016 passed by this Hon'ble
Court. I state that by deducting the aforesaid
sum of Rs.25,000/-, there is arrears of
Rs.4,55,000/- towards payment of maintenance.
5. I state that, I undertake to pay the arrears
of maintenance of Rs.4,55,000/- to the
Respondent, within a period of Eight months
from today, in three installments of
Rs.1,51,666.06/-, starting from 21.06.2022 till
21.11.2022.
6. I state that, in the facts and circumstances
of the case, and considered my difficulties, I
pray that that this Hon'ble Court may kindly be
pleased to place the Affidavit on record and
grant me time for payment of arrears of
maintenance in three installments, in the
interest of Justice and Equity.
3. In view of the above, nothing more needs to be
adjudged in this case and the Writ Petition needs to be
disposed off in terms of the undertaking given to this court in
the form of an affidavit, making it clear that it's non-
compliance amounts to contempt of this Court. It may result
in imprisonment and levy of fine along with penal interest.
In the above circumstances, this Writ Petition is
disposed off in terms of the said affidavit in general and
paragraph 5 thereof in particular.
Registry shall send a copy of this judgment to the
respondent by Speed Post and to the Family Court, Mysore,
as well for information and needful action. Registry is directed
to send back the Trial Court Records, forthwith.
This court places on record its deep appreciation for the
valuable assistance rendered by learned counsel for the
petition Mr.Y.S.H.Reddy.
Sd/-
JUDGE
cbc
