[Cites 3, Cited by 0]
Karnataka High Court
Nagappa vs Smt. Gangabai on 24 March, 2026
Author: S.Vishwajith Shetty
Bench: S.Vishwajith Shetty
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WP No. 202164 of 2022
HC-KAR
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 24TH DAY OF MARCH, 2026
BEFORE
THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
WRIT PETITION NO. 202164 OF 2022 (GM-FC)
BETWEEN:
NAGAPPA S/O DHULAPPA UPPAR,
AGED ABOUT 55 YEARS, OCC: GOVT SERVICE,
R/O TAKKE, NOW AT SHAKTINAGAR,
DIST. RAICHUR- 584101.
...PETITIONER
(BY SRI JAYANANDAYYA, ADVOCATE)
AND:
SMT. GANGABAI W/O NAGAPPA UPPAR,
AGED ABOUT 50 YEARS, OCC: HOUSEHOLD WORK,
Digitally signed by
NIJAMUDDIN R/O KANAKNAL TQ. INDI,
JAMKHANDI
Location: HIGH COURT DIST. VIJAYAPURA-586101
OF KARNATAKA
...RESPONDENT
(BY SRI SANGANABASAVA B. PATIL, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO A)
ISSUE A WRIT OF CERTIORARI FOR QUASHING THE ORDER
DATED 29.07.2022 PASSED BY THE PRL. JUDGE, FAMILY
COURT, VIJAYAPURA IN CRL.MISC NO.59/2021 VIDE
ANNESURE-A1. B) ISSUE ANY OTHER WRIT OR ORDER OR
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WP No. 202164 of 2022
HC-KAR
DIRECTION AS DEEMED FIT TO GRANT IN THE FACTS
CIRCUMSTANCES OF THE ABOVE CASE.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING
IN B GROUP, THIS DAY, ORDER WAS MADE THEREIN AS
UNDER:
CORAM: HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
ORAL ORDER
1. This writ petition under Articles 226 & 227 of the
Constitution of India is filed seeking for the following reliefs:
(i) Issue a writ of certiorari for quashing the
order dated 29.07.2022 passed by the Principal Judge
Family Court, Vijayapura in Crl. Misc. No.59/2021 vide
Annexure-A1 in the interest of justice;
(ii) Issue any other writ or order or direction
as deemed fit to grant in the facts circumstances of the
above case, in the interest of justice and equity.
2. Heard the learned counsels for the parties.
3. The respondent herein had filed Criminal Misc.
No.59/2021 before the Court of Principal Judge Family Court,
Vijayapura, under Section 125(3) of Cr.P.C., for recovery of
a sum of Rs.10,68,000/- from the petitioner towards monthly
maintenance amount awarded to her in Criminal Misc.
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No.542/2011 by the Family Court at Vijayapura. In the said
proceedings vide impugned order dated 29.07.2022 the
Principal Judge Family Court, Vijayapura, had issued arrest
warrant to the respondent and aggrieved by the same, the
petitioner is before this Court.
4. Learned counsel for the petitioner submits that,
during the pendency of this petition the petitioner has paid
substantial amount to the respondent. He submits that, in
Criminal Misc. No.542/2011 the petitioner had deposited an
amount of Rs.2,35,000/- and an amount of Rs.6,15,500/-
was deposited by him in Criminal Misc. No.59/2021. He
submits that, the petitioner is liable to deposit only
Rs.37,500/- towards arrears of maintenance and if some
reasonable time is granted, he shall deposit the same before
the Trial Court.
5. Per contra, learned counsel for the respondent
has filed a memo of calculation and submits that, the total
arrears of maintenance amount liable to be paid by the
petitioner is Rs.1,02,500/- and not Rs.37,500/-. He submits
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that, this writ petition may be disposed of granting some
reasonable time to the petitioner to deposit the aforesaid
arrears of maintenance amount.
6. Be that as it may, the fact remains that,
substantial amount has been paid/deposited by the petitioner
during the pendency of this writ petition and therefore, I am
of the opinion that, the impugned order passed by the Court
of Principal Family Judge, Vijayapura, needs to be set aside
and the parties are required to be relegated to the Trial
Court to work out their remedies in Criminal Misc.
No.59/2021 by filing their respective memo of calculation.
The Principal Judge Family Court, Vijayapura, shall consider
the respective memo of calculations filed by both the parties
and pass appropriate orders directing the petitioner to pay
the balance of the maintenance amount.
7. Accordingly, the following:
ORDER
(i) The writ petition is allowed;
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(ii) The impugned order at Annexure-A1
dated 29.07.2022 passed by the Court of Principal
Judge Family Court, Vijayapura in Criminal Misc.
No.59/2021 is quashed;
(iii) The petitioner and the respondent are
permitted to file their respective memo of
calculations before the Principal Judge Family
Court, Vijayapura and the learned Judge shall
consider the said memos and pass an order
directing petitioner to pay balance amount within a
period of one month from the date of order. Till
then, no coercive action shall be taken against the
petitioner.
Sd/-
(S.VISHWAJITH SHETTY)
JUDGE
SVH
List No.: 1 Sl No.: 43
CT:PK
