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Karnataka High Court
Sri. Tahir Basha vs Smt Nilofer on 21 February, 2026
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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.
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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
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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.
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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.
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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.
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(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
