Prashanth D S vs Nandini C
2025 Latest Caselaw 7873 Kant

Karnataka High Court

Prashanth D S vs Nandini C on 29 August, 2025

                                           -1-
                                                   NC: 2025:KHC:33497-DB
                                                   MFA No. 2473 of 2024


                HC-KAR




                  IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                         DATED THIS THE 29TH DAY OF AUGUST, 2025

                                        PRESENT
                         THE HON'BLE MR. JUSTICE JAYANT BANERJI
                                          AND
                         THE HON'BLE MR. JUSTICE UMESH M ADIGA
                MISCELLANEOUS FIRST APPEAL NO. 2473 OF 2024 (FC)


                BETWEEN:

                PRASHANTH.D.S,
                S/O D.SHIVALINGEGOWDA,
                AGED ABOUT 44 YEARS,
                R/AT PRASHANTH NILAYA,
                2ND FLOOR, NEAR BHAVANA MEDICAL,
                ADUVALLI MAIN ROAD,
                HASSAN CITY.
                                                            ...APPELLANT
                (BY SRI.B.PURANDARA., ADVOCATE)
Digitally       AND:
signed by K G
RENUKAMBA
Location:       NANDINI.C,
HIGH COURT      W/O PRASHANTH.D.S,
OF
KARNATAKA       D/O CHIKKANNA,
                AGED ABOUT 39 YEARS,
                R/AT HOUSE NO.9, 2ND CROSS,
                HUTTA COLONY, APPA CIRCLE,
                BHADRAVATHI,
                SHIMOGA DISTRICT-577 301.
                                                          ...RESPONDENT
                                -2-
                                           NC: 2025:KHC:33497-DB
                                           MFA No. 2473 of 2024


HC-KAR




     THIS MFA IS FILED U/S 19(1) OF FAMILY COURTS ACT,
AGAINST THE JUDGMENT AND DECREE DATED 09.01.2024
PASSED IN M.C.NO.144/2018 ON THE FILE OF THE COURT OF
PRL.JUDGE, 1ST ADDITIONAL FAMILY COURT, HASSAN,
ALLOWING THE PETITION FILED UNDER SECTION 9 OF THE
HINDU MARRIAGE ACT.

    THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:


CORAM:     HON'BLE MR. JUSTICE JAYANT BANERJI
           AND
           HON'BLE MR. JUSTICE UMESH M ADIGA


                         ORAL JUDGMENT

(PER: HON'BLE MR. JUSTICE JAYANT BANERJI)

Heard learned counsel for the appellant.

2. This appeal has been filed seeking to challenge

an order dated 09.01.2024 passed by the Principal Judge,

I Additional Family Court, Hassan in MC.No.144/2018, to

the extent it directs payment of arrears of maintenance,

as ordered in Crl.Misc.No.312/2018 dated 07.09.2021 by

the IV Additional JMFC, Bhadravathi, within three months.

Obviously, as evident from the order impugned, the appeal

under Section of 9 the Hindu Marriage Act was

NC: 2025:KHC:33497-DB

HC-KAR

conditionally allowed, which was made subject to payment

of the entire arrears of maintenance as ordered in the

criminal miscellaneous case. Admittedly, the arrears of

maintenance as ordered by the Family Court have not

been deposited. The effect of it is that the appeal filed

under Section 9 of the Hindu Marriage Act, stood rejected.

3. Since it is only the aspect of payment of arrears

of maintenance that is under challenge in the instant

appeal, we see no reason to vary the judgment/decree

impugned. This appeal is therefore dismissed.

Sd/-

(JAYANT BANERJI) JUDGE

Sd/-

(UMESH M ADIGA) JUDGE

PK