Karnataka High Court
Smt Savita vs Sri Anup Harkuni on 28 March, 2025
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CCC No. 557 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28TH DAY OF MARCH, 2025
PRESENT
THE HON'BLE MR. N. V. ANJARIA, CHIEF JUSTICE
AND
THE HON'BLE MR. JUSTICE K. V. ARAVIND
CCC No. 557 OF 2024 (CIVIL)
BETWEEN:
1. SMT. SAVITA,
D/O BASAVANTRYA GOUDA S MUDNUR,
AGED ABOUT 32 YEARS,
R/AT No. 2081, 'SAI SADAN',
HIGH STREET, GANESHPUR,
BELAGAUM - 591108.
...COMPLAINANT
(BY SRI VASANTH KUMAR H. T., ADVOCATE)
AND:
1. SRI ANUP HARKUNI,
S/O BASAVARAJ HARKUNI,
Digitally signed AGED ABOUT 36 YEARS,
by VALLI R/AT No. 251/A, 1ST FLOOR,
MARIMUTHU
18TH C MAIN, KORAMANGALA,
Location: HIGH
COURT OF 6TH BLOCK, BENGALURU 560095.
KARNATAKA ...ACCUSED
(BY SRI BASAVARAJ R. BANNUR, ADVOCATE)
THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF
CONTEMPT OF COURTS ACT, 1971, BY THE COMPLAINANT
PRAYING TO SECURE THE ACCUSED HEREIN INITIATE
CONTEMPT PROCEEDINGS FOR NON COMPLIANCE ORDER
PASSED BY THE LEARNED SINGLE JUDGE IN MFA No.3231/2021
DATED 28.03.2024 VIDE ANNEXURE - A.
THIS CCC COMING ON FOR ORDERS THIS DAY, JUDGMENT
WAS DELIVERED THEREIN AS UNDER:
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CCC No. 557 of 2024
CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE
N. V. ANJARIA
and
HON'BLE MR JUSTICE K. V. ARAVIND
ORAL JUDGMENT
(PER: HON'BLE THE CHIEF JUSTICE
MR. JUSTICE N. V. ANJARIA)
The directions of the Division Bench in the order dated
28.03.2024 passed in Miscellaneous First Appeal No.3231 of 2021
which is brought under the contempt jurisdiction read as under,
"(ii) The judgment and decree passed by the Trial
Court in M.C. No.3411/2016 ordering to pay the
maintenance of `40,000/- per month and the litigation
expenses as ordered, is hereby confirmed.
(iii) The appellant is hereby directed to deposit or
make payment of the arrears of maintenance digitally
to the respondent till the month of February-2024
within two months from today."
2. In course of hearing of this contempt petition, the order was
passed on 20.08.2024. On that day, the memo of calculation upto
22.08.2024 filed by learned advocate for the complainant was
taken note of.
3. In the said order, it was recorded inter alia as under,
"3. It is stated that monthly maintenance payable is
Rs.40,000/- per month and further one time litigation
expenses is payable to the tune of Rs.20,000/- as
directed. Thereafter, the following details are given about
the payment to be made by the respondent,
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(a) From 23.03.2021 41 months
to 22.08.2024
Rs.40,000X41 Rs.16,40,000/-
(b) Litigation Rs. 20,000/-
expenses
Total Rs.16,60,000/-
3.1 It is stated that total Rs.16,60,000/- is payable, out
of which, Rs.3,80,000/- is paid and the balance amount of
Rs. 12,80,000/- is yet to be paid to the complainant. The
Miscellaneous First Appeal was decided on 28.03.2024.
4. When an query was put to learned advocate for the
respondent about the time within which the respondent
would be able to discharge the liability in respect of
Rs.12,80,000/-, learned advocate for the respondent stated
on instructions from the respondent, who is stated to be
present in the Court, that within twelve weeks from today
the amount will be paid.
5. In the above view, the following directions are
issued at this stage,
(i) The respondent shall pay to the
complainant Rs.2,50,000/- within one week.
(ii) The respondent shall file affidavit about
his commitment that the remainder amount will be
paid within twelve weeks from today. Such affidavit
shall be filed before the next date.
(iii) Further orders regarding the treatment
of the balance of amount shall be passed in the
subsequent proceedings."
3.1 In the order dated 27.02.2025, the matter was further
considered and it was recorded that as per the earlier order dated
24.01.2025, the respondent was ready to pay total amount of
Rs.10,30,000/- out of which, Rs.30,000/- was already paid and the
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balance Rs.10,00,000/- was agreed to be paid in two installments.
The granting of further time was considered and the balance
amount of Rs.5,00,000/-, which was left out from being paid out of
Rs.10,00,000/- as above, was permitted to be paid within four
weeks.
4. Today when the contempt petition came up for consideration,
learned advocate Mr. Basavaraj R. Bannur for the respondent
produced the memo giving the details of payment of the said
amount of Rs.5,00,000/-. The memo suggests that the total amount
of Rs.16,60,000/- has been paid to the complainant towards
arrears of permanent alimony. The memo is taken on record.
5. As per the original directions, the respondent was required to
pay maintenance till February 2024. The aforesaid calculation
shows that the maintenance amount has been paid by the
respondent upto August 2024.
5.1 It was stated that the execution petition is pending.
5.2 The details given above and the payments made by the
respondent mark compliance of the directions of the Division Bench
about the payment. The payment was made even beyond the
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period of February 2024. Therefore, the contempt petition is liable
to be closed.
6. The rest of the claims, if any, for future maintenance are
permitted to be agitated in the execution proceedings in
accordance with law. All contentions of both the parties are kept
open.
7. The present contempt petition is accordingly disposed of.
Sd/-
(N. V. ANJARIA)
CHIEF JUSTICE
Sd/-
(K. V. ARAVIND)
JUDGE
MV
