Smt Padmashree W/O Naveenkumar vs Shri. Naveenkumar S/O ...
2023 Latest Caselaw 1152 Kant

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                                  WP No. 100668 of 2023


                       IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

                              DATED THIS THE 2ND DAY OF FEBRUARY, 2023

                                               BEFORE
                           THE HON'BLE MR JUSTICE S.R. KRISHNA KUMAR
                              WRIT PETITION NO. 100668 OF 2023 (GM-FC)
                       BETWEEN:

                       SMT.PADMASHREE W/O NAVEENKUMAR,
                       AGE: 40 YEARS, OCC: HOUSEHOLD WORK,
                       R/O. NO.30, ADHYAPAK NAGAR,
                       SIDDESHWAR PARK, VIDYANAGAR,
                       HUBBALLI, DIST: DHARWAD.
                                                                   ...PETITIONER
                       (BY SRI S.C.JAINAR, ADVOCATE)

                       AND:

                       SHRI. NAVEENKUMAR,
                       S/O BRAHMADEVAIAH N.,
                       AGE: 46 YEARS,
                       OCC: SOFTWARE ENGINEER,
                       R/O. 571/A, BSK III STAGE,
                       III PHASE, III BLOCK,
                       BENGALURU-85.
                                                                  ...RESPONDENT
                       (BY SRI NAVEENKUMAR B., PARTY-IN-PERSON)

                            THIS WRIT PETITION IS FILED UNDER ARTICLES 226
CHANDRASHEKAR
LAXMAN
KATTIMANI              AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO,
Digitally signed by
                       ISSUE A WRIT IN THE NATURE OF MANDAMUS DIRECTING THE
CHANDRASHEKAR
LAXMAN KATTIMANI
Location: High Court
                       REGISTRY OF THE FAMILY COURT HUBBALLI TO ACCEPT THE
of Karnataka,
Dharwad
Date: 2023.02.03
14:45:14 +0530
                       APPLICATION AND PUT UP THE SAME BEFORE THE PROPER
                       COURT WHERE THE PROCEEDINGS IS CONDUCTING IN
                       M.C.NO.22/2017 PENDING BEFORE I ADDL. FAMILY COURT
                       HUBLI VIDE ANNEXURE-A.

                            THIS PETITION COMING ON FOR ORDERS, THIS DAY,
                       THE COURT MADE THE FOLLOWING:
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            WP No. 100668 of 2023


                                ORDER

In this petition, petitioner seeks a direction to the I Addl.

Family Court, Hubballi to keep M.C.No.22/2017 pending on the

file of said Court in abeyance till the respondent pays arrears of

maintenance as directed in Crl.Misc.No.219/2014 dated

09.05.2017 by the Principal Family Court and confirmed by this

Court in RPFC No.100069/2017 dated 20.06.2022.

2. Heard learned counsel for the petitioner and the

respondent, party-in-person and perused the material on

record.

3. The material on record discloses that the

respondent-party-in-person has instituted a petition for divorce

in M.C.No.22/2017 seeking dissolution of marriage between the

respondent-husband and the petitioner-wife which was

solemnized on 08.06.2011 on various grounds. The said

M.C.No.22/2017 having been contested by the petitioner-wife,

the matter is posted for pronouncement of judgment on

06.02.2023 before the I Addl.Family Court, Hubballi.

4. On 20.01.2023, petitioner-wife herein is said to

have filed an application before the aforesaid I Addl.Family

WP No. 100668 of 2023

Court, Hubballi in M.C.No.22/2017 requesting the Court to keep

the proceedings in abeyance till the respondent pays all the

arrears of maintenance as directed by the Principal Family

Court in Crl.Misc.No.219/2014 dated 09.05.2017 which was

confirmed by this Court in RPFC No.100069/2017 dated

20.06.2022. Infact, for the purpose of enforcing the orders

passed in Crl.Misc.No.219/2014 and RPFC No.100069/2017

referred to supra, the petitioner has already instituted

Crl.Misc.No.242/2022 which is also pending before the Principal

Family Court, Hubballi. It is therefore submitted by petitioner-

wife that since the respondent-husband has not paid the

arrears of maintenance despite the aforesaid orders of the

Family Court and this Court, it is necessary that the

proceedings in M.C.No.22/2017 are kept in abeyance till the

arrears of maintenance are paid by the respondent-husband.

5. Per contra, respondent-party-in-person submits

that if he is granted reasonable time, he would deposit the

entire arrears of maintenance which comes to Rs.6,90,000/- as

on 28.02.2023 before the Principal Judge, Family Court,

Hubballi where Crl.Misc.No.242/2022 is pending and

immediately upon the said deposit, necessary directions can be

WP No. 100668 of 2023

issued to the I Addl. Family Court, Hubballi to pronounce the

judgment in M.C.No.22/2017. The respondent-party-in-person

also submits that the said deposit will be made by him without

prejudice to his rights and contentions as well as reserving

liberty in his favour to challenge the order dated 20.06.2022

passed by this Court RPFC No.100069/2017.

6. Submission of the respondent-party-in-person is

placed on record.

7. In view of the aforesaid facts and circumstances

and submissions made by both sides, the present petition

deserves to be disposed off by issuing certain directions. In the

result, I pass the following:

ORDER i. The petition is disposed off.

ii. The respondent-party-in-person is directed to pay the entire arrears of maintenance due up to 28.02.2023 i.e. sum of Rs.6,90,000/- by depositing the same in Crl.Misc.No.242/2022 on the file of Principal Family Court, Hubballi on or before 01.03.2023.

iii. The I Addl.Family Court, Hubballi before whom M.C.No.22/2017 is pending is directed to adjourn the said case from the next date of

WP No. 100668 of 2023

hearing i.e. on 06.02.2023 to 01.03.2023 for the purpose of pronouncement of judgment; in the event the respondent-husband deposits the arrears of maintenance as stated supra, the I Addl.Family Court, Hubballi shall proceed to pronounce judgment in M.C.No.22/2017 referred to supra.

iv. In the event, the respondent-husband clears/pays/deposits entire arrears of maintenance referred to supra, much prior to 01.03.2023, respondent-husband is reserved liberty to seek pre-ponement/advancement of the case M.C.No.22/2017 from 01.03.2023 to any earlier date for the purpose of enabling the I Addl.Family Court, Hubballi to pronounce the judgment as stated supra.

v.    It is further made clear that since the present
      petition   is     filed    for    the     limited/restricted
      purpose     of      ensuring       that      judgment     in

M.C.No.22/2017 is not pronounced till the entire arrears of maintenance are paid, the petitioner-wife or respondent-husband would not be entitled to seek reopening of the case or lead any further evidence or file any other application or seek any other relief etc., in M.C.No.22/2017 under any circumstances whatsoever and the only option available

WP No. 100668 of 2023

direction to the I Addl.Family Court, Hubballi before whom M.C.No.22/2017 is pending is to pronounce judgment immediately after the respondent-husband deposits entire arrears of maintenance as stated supra.

vi. It is reiterated that immediately upon the respondent depositing entire arrears of maintenance in Crl.Misc.No.242/2022 before the Principal Family Court, Hubballi and notifying the same to the I Addl.Family Court, Hubballi before whom M.C.No.22/2017 is pending, the I Addl.Family Court, Hubballi shall proceed to pass the judgment forthwith in the said case.

SD JUDGE

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