Sri.S. Narendra Babu vs Smt H S Nandini
2026 Latest Caselaw 842 Kant

Karnataka High Court

Sri.S. Narendra Babu vs Smt H S Nandini on 4 February, 2026

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                                                         NC: 2026:KHC:6357
                                                       WP No. 3296 of 2026


                   HC-KAR




                     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 4TH DAY OF FEBRUARY, 2026

                                            BEFORE
                     THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
                            WRIT PETITION NO. 3296 OF 2026 (GM-FC)
                   BETWEEN:


                   SRI.S. NARENDRA BABU,
                   S/O. LATE SRI. L SRIPAD RAO,
                   AGED ABOUT 40 YEARS,
                   R/AT NO. 301, BRUNDAVANA APARTMENT,
                   SEETHA GARDEN, SAMETHANAHALLI,
                   BENGALURU-560 067.



                                                              ...PETITIONER
                   (BY SRI. SHIVARAMU H.C.,ADVOCATE)

                   AND:
Digitally signed
by SOWMYA
DODDAMARAIAH
Location: HIGH
COURT OF           SMT H. S. NANDINI,
KARNATAKA
                   D/O SRI. H SREENIVASA MURTHY,
                   AGED ABOUT 40 YEARS,
                   R/AT NO.16 HANUMAN CLASSIC,
                   2ND A MAIN ROAD,
                   CLASSIC PARADISE LAYOUT,
                   OPP. P K KALYANAMANTAPA,
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                                        NC: 2026:KHC:6357
                                      WP No. 3296 of 2026


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BEGUR MAIN ROAD,
BENGALURU-560068.



                                             ...RESPONDENT
(V/C/O DATED 04.02.2026,

NOTICE TO RESPONDENT IS DISPENSED WITH)



     THIS WRIT PETITION IS FILED UNDER ARTICLES 226

AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE

A WRIT OF CERTIORARI OR ANY OTHER WRIT ORDER TO THE

ORDER DATED 10/09/2025 PASSED IN M.C.NO.5652/2018 C/W

M.C. NO.2172/2019 BY THE LEARNED I ADDL. PRL. JUDGE,

FAMILY COURT, BANGALORE AT ANNEXURE-A ON I.A. NO. VIII.


     THIS   PETITION,   COMING   ON    FOR    PRELIMINARY

HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:




CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
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                                                    NC: 2026:KHC:6357
                                               WP No. 3296 of 2026


HC-KAR




                          ORAL ORDER

Heard Sri.Shivaramu.H.C learned counsel for the

petitioner.

2. In the light of the limited relief sought for, this

Court is of the view that serving notice to respondent is

not necessary. Therefore, notice to respondent is

dispensed with.

3. This writ petition is filed seeking the Court to

interfere with the order passed by the Court of I Additional

Principal Judge, Family Court, Bengaluru on I.A.No.VIII in

M.C.No.5652/2018 clubbed with M.C.No.2172/2019 dated

10.09.2025 and also to direct the Family Court to dispose

of the matter time bound.

4. Learned counsel for the petitioner submits that

petitioner is the husband of respondent. Petitioner could

not pool up the amount to clear arrears payable to

respondent towards maintenance. The Court through the

impugned order directed petitioner to clear the due by

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January 2026 and held that default on part of petitioner to

pay the arrears will result in taking steps to stuck off the

defence taken by him.

5. Learned counsel submits that substantial

amount was paid and only small amount of around

Rs.1,00,000/- is due. Learned counsel thereby seeks to

pass necessary orders.

6. The impugned order reads as under:

"I.A.No.VIII filed by the respondent/wife under Section 151 of Code of Civil Procedure is hereby partly allowed.

The contention of the respondent that the petitioner/husband has violated the order on I.A.No.IV is hereby rejected.

The petitioner/husband is directed to clear the arrears of maintenance in five monthly installments i.e., directed to clear the installments by January 2026 and be regular in making the payment of the interim maintenance till the disposal of the petition.

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If the petitioner/husband defaults in making payment of arrears, then steps can be taken to stuck off the defence taken by him.

Both the petitions being more than six years old, both the parties are directed to co-operate with the court for speedy disposal of the petition.

For payment of interim maintenance by the petitioner/husband and for of cross-examination of P.W.1, finally and last chance call on 13/10"

7. The Court wisely through the impugned order

directed petitioner herein to clear all arrears of

maintenance in 5 monthly installments. Petitioner who

failed to pay as ordered, is before this Court. However,

considering the submission that is made by learned

counsel for the petitioner that petitioner has got no source

of earnings to the large extent as claimed by respondent

and he could not mobilize the amount immediately and

that he paid substantial amount already, this Court

considers desirable to modify the order extending the time

to clear the arrears till 31.03.2026. Thus, the writ petition

is disposed of with the following:

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ORDER

(i) The order that is rendered by the Court of I Additional Principal Judge, Family Court, Bengaluru on I.A.No.VIII in M.C.No.5652/2018 clubbed with M.C.No.2172/2019 dated 10.09.2025 is modified thereby directing petitioner herein to clear all arrears by 31.03.2026.

(ii) Other conditions imposed requires no interference.

(iii) The writ petition is accordingly disposed of.

(iv) Family Court, Bengaluru to serve copy of this order to the respondent/wife or her counsel for information.

(v) Registry to forward copy of this order to Family Court, Bengaluru forthwith.

Sd/-

(DR.CHILLAKUR SUMALATHA) JUDGE

DS CT:TSM List No.: 1 Sl No.: 13